74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1490-1
House Bill 2065
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Economic Development)
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.
Establishes duties, rights and obligations of Lieutenant
Governor.
Takes effect only upon approval by people of House Joint
Resolution 3 (2007).
A BILL FOR AN ACT
Relating to Lieutenant Governor; creating new provisions;
amending ORS 171.130, 171.133, 171.735, 176.250, 236.320,
240.185, 240.205, 244.020, 244.045, 244.050, 249.002, 249.056,
254.545, 254.555, 254.575, 254.650, 254.660, 258.036, 258.055,
260.005, 260.076, 279.855, 285A.131, 285A.133, 291.272,
292.010, 292.313, 292.316, 292.430, 292.930, 357.835, 401.055,
461.180 and 805.220; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The term of office of the Lieutenant
Governor commences upon the publication of the returns by the
Speaker of the House of Representatives, as provided in section
4, Article V of the Oregon Constitution.
(2) In case of an election of the Lieutenant Governor by the
Legislative Assembly, as provided in section 5 (2), Article V of
the Oregon Constitution, the term of office of the Lieutenant
Governor commences immediately upon the election.
(3) The Lieutenant Governor shall be inaugurated by taking the
oath of office. + }
SECTION 2. { + The term of office of the Lieutenant Governor
ceases when the successor of the Lieutenant Governor is
inaugurated by taking the oath of office. + }
SECTION 3. { + (1) The person elected to the office of
Lieutenant Governor may take any action before the term of office
commences that is necessary to enable the Lieutenant Governor to
exercise the powers and duties of the office of Lieutenant
Governor when the term commences.
(2) All necessary expenses of the Lieutenant Governor-elect
incurred in carrying out this section must be audited by the
Secretary of State and may be paid from funds appropriated for
that purpose in the same manner as other claims against the state
are paid. + }
SECTION 4. ORS 171.130 is amended to read:
171.130. { + (1) As used in this section, 'state agency' means
every state agency for which the costs of the agency are paid in
whole or in part from funds held in the State Treasury, except:
(a) The Legislative Assembly, the courts and their officers and
committees;
(b) The Public Defense Services Commission; and
(c) The Governor, the Lieutenant Governor, the Secretary of
State, the State Treasurer, the Attorney General, the
Commissioner of the Bureau of Labor and Industries and the
Superintendent of Public Instruction. + }
{ - (1) - } { + (2) + } At any time in advance of any
regular or special session of the Legislative Assembly fixed by
the Legislative Counsel Committee, or at any time in advance of a
special session
{ - as may be - } fixed by joint rules of both houses of the
Legislative Assembly, the following may file a proposed
legislative measure with the Legislative Counsel:
(a) Members who will serve in the session and members-elect.
(b) Interim and statutory committees of the Legislative
Assembly.
{ - (2) - } { + (3) + } On or before December 15 of the
year preceding a regular legislative session, or at any time in
advance of a special session as may be fixed by joint rules of
both houses of the Legislative Assembly, the following may file a
proposed legislative measure with the Legislative Counsel:
(a) The Oregon Department of Administrative Services, to
implement the fiscal recommendations of the Governor contained in
the budget report of the Governor.
(b) The person who will serve as Governor during the session.
(c) The { + Lieutenant Governor, the + } Secretary of State,
the State Treasurer, the Attorney General, the Commissioner of
the Bureau of Labor and Industries and the Superintendent of
Public Instruction.
(d) The Judicial Department.
{ - (3) - } { + (4) + } Notwithstanding subsection
{ - (2) - } { + (3) + } of this section, a statewide elected
official who initially assumes office in January of an
odd-numbered year may submit proposed measures for introduction
by members or committees of the Legislative Assembly until the
calendar day designated by rules of either house of the
Legislative Assembly. The exemption granted by this subsection to
a newly elected Governor does not apply to state agencies in the
executive branch.
{ - (4) - } { + (5) + } On or before December 15 of the
year preceding a regular legislative session, a state agency may
file a proposed legislative measure with the Legislative Counsel
through a member or committee of the Legislative Assembly.
{ - (5) - } { + (6) + } The Legislative Counsel shall
{ - order - } { + arrange for the printing of + }each measure
filed pursuant to { - subsections (1) to (4) of - } this
section { - prepared for printing and may order the measure
printed. If the person filing a measure specifically requests in
writing that the measure be made available for distribution, the
Legislative Counsel shall order the measure printed and shall
make copies of the printed measure available for distribution
before the beginning of the session to members and members-elect
and to others upon request - } .
{ - (6) - } { + (7) + } Copies of all measures filed and
{ - prepared for printing or - } printed pursuant to this
section shall be forwarded by the Legislative Counsel to the
chief clerk of the house designated by the person filing the
measure for introduction.
{ - (7) - } { + (8) + } The costs of carrying out this
section shall be paid out of the money appropriated for the
expenses of that session of the Legislative Assembly for which
the measure is to be printed.
{ - (8) - } { + (9) + } The Legislative Counsel Committee
may adopt rules or policies to accomplish the purpose of this
section.
{ - (9) This section does not affect any law or any rule of
the Legislative Assembly or either house thereof relating to the
introduction of legislative measures. - }
SECTION 5. ORS 171.133 is amended to read:
171.133. { - (1) - } A state agency { - shall - } { + as
defined in ORS 171.130 may + } not cause a { - bill or - }
measure to be introduced before the Legislative Assembly if the
{ - bill or - } { + Governor has not approved the + } measure
{ - has not been approved by the Governor - } .
{ - (2) As used in ORS 171.130 and this section, 'state
agency' means every state agency whose costs are paid wholly or
in part from funds held in the State Treasury, except: - }
{ - (a) The Legislative Assembly, the courts and their
officers and committees; - }
{ - (b) The Public Defense Services Commission; and - }
{ - (c) The Secretary of State, the State Treasurer, the
Attorney General, the Commissioner of the Bureau of Labor and
Industries and the Superintendent of Public Instruction. - }
SECTION 6. ORS 171.735 is amended to read:
171.735. ORS 171.740 and 171.745 do not apply to the following
persons:
(1) News media, or their employees or agents, that in the
ordinary course of business directly or indirectly urge
legislative action but that engage in no other activities in
connection with the legislative action.
(2) Any legislative official acting in an official capacity.
(3) Any individual who receives no compensation or
reimbursement of expenses for lobbying, who limits lobbying
activities solely to formal appearances to give testimony before
public sessions of committees of the Legislative Assembly, or
public hearings of state agencies, and who, when testifying,
registers an appearance in the records of the committees or
agencies.
(4) A person who spends not more than 24 hours during any
calendar quarter lobbying and who does not spend an amount in
excess of $100 lobbying during any calendar quarter.
(5) The Governor, Executive Assistant to the Governor, Legal
Counsel to the Governor, { + Lieutenant Governor, + } Secretary
of State, Deputy Secretary of State appointed pursuant to ORS
177.040, State Treasurer, Chief Deputy State Treasurer appointed
pursuant to ORS 178.060, Attorney General, Deputy Attorney
General appointed pursuant to ORS 180.130, Superintendent of
Public Instruction, Commissioner of the Bureau of Labor and
Industries and any judge.
SECTION 7. ORS 176.250 is amended to read:
176.250. { + (1) + } Notwithstanding any provision of the
Oregon Rules of Civil Procedure or other laws of this state,
service of subpoena upon the Governor shall be made by delivering
a copy to the legal counsel to the Governor or, in the legal
counsel's absence, an assistant to the Governor.
{ + (2) Notwithstanding any provision of the Oregon Rules of
Civil Procedure or other laws of this state, service of subpoena
upon the Lieutenant Governor shall be made by delivering a copy
to an assistant to the Lieutenant Governor. + }
SECTION 8. ORS 236.320 is amended to read:
236.320. Resignation shall be made as follows:
(1) By the { + Lieutenant Governor, + } Secretary of State
{ - , - } { + and + } State Treasurer and all officers elected
by the legislature, to the Governor.
(2) By all officers who hold their offices by election, to the
officer authorized by law to order a special election to fill the
resulting vacancy.
(3) By all other officers holding their offices by appointment,
to the body, board or officer that appointed them.
SECTION 9. ORS 240.185 is amended to read:
240.185. (1) { - On and after January 1, 1984, - } The
number of persons employed by the state shall not exceed 1.5
percent of the state's population of the prior year.
(2) The population figure shall be that required by ORS 190.510
to 190.610.
(3) This section applies to all full-time equivalent budgeted
positions.
(4) This section does not apply to { + :
(a) Employees in the offices of + } the Governor, { + the
Lieutenant Governor, + } the Secretary of State, the State
Treasurer, the Supreme Court or the Legislative Assembly in the
conduct of duties vested in any of them by the Oregon
Constitution. { - However, this exception applies only to the
office of the Governor and not to the executive branch of
government. - }
{ - (5) This section does not apply to - }
{ + (b) + } Personnel who administer unemployment insurance
benefits programs of the Employment Department, to personnel who
administer programs required to be implemented as a condition for
the continued certification of the Employment Division Law by the
United States Secretary of Labor or to personnel who administer
programs implemented by the United States Department of Labor
under federal law if the state is required to enter into
contracts to provide { - such - } { + the + } programs.
{ - (6) This section does not apply to - }
{ + (c) + } Personnel whose positions are funded by the
gifts, grants and contracts program in the Department of Higher
Education.
{ - (7) - } { + (5) + } In order to assess the effect of
subsection (1) of this section, the Oregon Department of
Administrative Services by December 31 of each even-numbered year
shall conduct a workload analysis of each state agency,
regardless of whether the agency is exempt from the application
of subsection (1) of this section. The workload analysis of each
agency shall be submitted to the Legislative Assembly prior to
{ - its - } { + the + } convening { + of the Legislative
Assembly + } in regular session and shall accompany the agency's
budget request before the Joint Ways and Means Committee.
SECTION 10. ORS 240.205 is amended to read:
240.205. The unclassified service shall comprise:
(1) One executive officer and one secretary for each board or
commission, the members of which are elected officers or are
appointed by the Governor.
(2) The director of each department of state government, each
full-time salaried head of a state agency required by law to be
appointed by the Governor and each full-time salaried member of a
board or commission required by law to be appointed by the
Governor.
(3) The administrator of each division within a department of
state government required by law to be appointed by the director
of the department with the approval of the Governor.
(4) Principal assistants and deputies and one private secretary
for each executive or administrative officer specified in ORS
240.200 (1) and in subsections (1) to (3) of this section. '
Deputy' means the deputy or deputies to an executive or
administrative officer listed in subsections (1) to (3) of this
section who is authorized to exercise that officer's authority
upon absence of the officer. 'Principal assistant' means a
manager of a major agency organizational component who reports
directly to an executive or administrative officer listed in
subsections (1) to (3) of this section or deputy and who is
designated as such by that executive or administrative officer
with the approval of the Director of the Oregon Department of
Administrative Services.
(5) Employees in the Governor's office and { + the Lieutenant
Governor's office and + } the principal assistant and private
secretary in the Secretary of State's division.
(6) The deans, professors, principals, instructors and teachers
in facilities operated under ORS 346.010.
(7) Apprentice trainees only during the prescribed length of
their course of training.
(8) Licensed physicians and dentists employed in their
professional capacities and student nurses, interns, and patient
or inmate help in state institutions.
(9) Lawyers employed in their professional capacities.
(10) All members of the Oregon State Police appointed under ORS
181.250 and 181.265.
(11) Deputy superintendents and associate superintendents in
the Department of Education.
(12) Temporary seasonal farm laborers engaged in single phases
of agricultural production or harvesting.
(13) Any individual employed and paid from federal funds
received under the Emergency Job and Unemployment Assistance Act
of 1974 (United States Public Law 93-567) or any other federal
program intended primarily to alleviate unemployment. However,
persons employed under this subsection shall be treated as
classified employees for purposes of ORS 243.650 to 243.782.
(14) Managers, department heads, directors, producers and
announcers of the state radio and television network.
(15) Employees, including managers, of the foreign trade
offices of the Economic and Community Development Department
located outside the country.
(16) Any other position designated by law as unclassified.
SECTION 11. 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
(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 board 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 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) '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 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).
(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.
(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 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.
(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 { + Lieutenant Governor or
Lieutenant Governor-elect, + } 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 12. ORS 244.045 is amended to read:
244.045. (1) A person who has been a Public Utility
Commissioner, the Director of the Department of Consumer and
Business Services, the Administrator of the Division of Finance
and Corporate Securities, the Administrator of the Insurance
Division, the Administrator of the Oregon Liquor Control
Commission or the Director of the Oregon State Lottery
{ - shall - } { + may + } not:
(a) Within one year after the public official ceases to hold
the position become an employee of or receive any financial gain,
other than reimbursement of expenses, from any private employer
engaged in the activity, occupation or industry over which the
former public official had authority; or
(b) Within two years after the public official ceases to hold
the position:
(A) Be a lobbyist for or appear as a representative before the
agency over which the person exercised authority as a public
official;
(B) Influence or try to influence the actions of the agency; or
(C) Disclose any confidential information gained as a public
official.
(2) A person who has been a Deputy Attorney General or an
assistant attorney general { - shall - } { + may + } not,
within two years after the person ceases to hold the position,
lobby or appear before an agency that the person represented
while employed by the Department of Justice.
(3) A person who has been the State Treasurer or the Chief
Deputy State Treasurer { - shall - } { + may + } not, within
one year after ceasing to hold office:
(a) Accept employment from or be retained by any private entity
with whom the office of the State Treasurer or the Oregon
Investment Council negotiated or to whom either awarded a
contract providing for payment by the state of at least $25,000
in any single year during the term of office of the treasurer;
(b) Accept employment from or be retained by any private entity
with whom the office of the State Treasurer or the Oregon
Investment Council placed at least $50,000 of investment moneys
in any single year during the term of office of the treasurer; or
(c) Be a lobbyist for an investment institution, manager or
consultant, or appear before the office of the State Treasurer or
Oregon Investment Council as a representative of an investment
institution, manager or consultant.
(4) A public official who as part of the official's duties
invested public funds { - shall - } { + may + } not within
two years after the public official ceases to hold the position:
(a) Be a lobbyist or appear as a representative before the
agency, board or commission for which the former public official
invested public funds;
(b) Influence or try to influence the agency, board or
commission; or
(c) Disclose any confidential information gained as a public
official.
(5)(a) A person who has been a member of the Department of
State Police, who has held a position with the department with
the responsibility for supervising, directing or administering
programs relating to gaming by a Native American tribe or the
Oregon State Lottery and who has been designated by the
Superintendent of State Police by rule { - shall - }
{ + may + } not, within one year after the member of the
Department of State Police ceases to hold the position:
(A) Accept employment from or be retained by or receive any
financial gain related to gaming from the Oregon State Lottery or
any Native American tribe;
(B) Accept employment from or be retained by or receive any
financial gain from any private employer selling or offering to
sell gaming products or services;
(C) Influence or try to influence the actions of the Department
of State Police; or
(D) Disclose any confidential information gained as a member of
the Department of State Police.
(b) This subsection does not apply to:
(A) Appointment or employment of a person as an Oregon State
Lottery Commissioner or as a Tribal Gaming Commissioner or
regulatory agent thereof;
(B) Contracting with the Oregon State Lottery as a lottery game
retailer;
(C) Financial gain received from personal gaming activities
conducted as a private citizen; or
(D) Subsequent employment in any capacity by the Department of
State Police.
(c) As used in this subsection, 'Native American tribe ' means
any recognized Native American tribe or band of tribes authorized
by the Indian Gaming Regulatory Act of October 17, 1988 (Public
Law 100-497), 25 U.S.C. 2701 et seq., to conduct gambling
operations on tribal land.
{ + (6) A person who has been the Lieutenant Governor may
not, within one year after ceasing to hold office, accept
employment from or be retained by any person who has received
moneys from or entered into an agreement with the Economic and
Community Development Department while the person served as
Lieutenant Governor. + }
SECTION 13. 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, { + Lieutenant 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 Oregon Liquor Control Commission.
(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 Oregon Government Standards and
Practices Commission.
(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) Oregon Economic and Community Development Commission.
(C) State Board of Education.
(D) Environmental Quality Commission.
(E) Fish and Wildlife Commission of the State of Oregon.
(F) State Board of Forestry.
(G) Oregon Government Standards and Practices Commission.
(H) Oregon Health Policy Commission.
(I) State Board of Higher Education.
(J) Oregon Investment Council.
(K) Land Conservation and Development Commission.
(L) Oregon Liquor Control Commission.
(M) Oregon Short Term Fund Board.
(N) State Marine Board.
(O) Mass transit district boards.
(P) Energy Facility Siting Council.
(Q) Board of Commissioners of the Port of Portland.
(R) Employment Relations Board.
(S) Public Employees Retirement Board.
(T) Oregon Racing Commission.
(U) Oregon Transportation Commission.
(V) Wage and Hour Commission.
(W) Water Resources Commission.
(X) Workers' Compensation Board.
(Y) Oregon Facilities Authority.
(Z) Oregon State Lottery Commission.
(AA) Pacific Northwest Electric Power and Conservation Planning
Council.
(BB) Columbia River Gorge Commission.
(CC) Oregon Health and Science University Board of Directors.
(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.
(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.
SECTION 14. ORS 249.002 is amended to read:
249.002. As used in this chapter:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court { - , or any county judge
who exercises judicial functions - } .
(5) 'Member' means an individual who is registered as being
affiliated with the political party.
(6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(7) 'Nonpartisan office' means the office of judge,
Superintendent of Public Instruction, Commissioner of the Bureau
of Labor and Industries, any elected office of a metropolitan
service district under ORS chapter 268, justice of the peace,
county clerk, county assessor, { + county judge, + } county
surveyor, county treasurer, sheriff, district attorney or any
office designated nonpartisan by a home rule charter.
(8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
(10) 'State office' means Governor, { + Lieutenant
Governor, + } Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, judge, state Senator, state
Representative or district attorney.
SECTION 15. ORS 249.056 is amended to read:
249.056. (1) At the time of filing a declaration of candidacy a
candidate for the following offices shall pay to the officer with
whom the declaration is filed the following fee:
(a) United States Senator, $150.
(b) Governor, { + Lieutenant Governor, + } Secretary of State,
State Treasurer, Attorney General, Commissioner of the Bureau of
Labor and Industries, Superintendent of Public Instruction,
Representative in Congress, judge of the Supreme Court, Court of
Appeals or Oregon Tax Court, or executive officer or auditor of a
metropolitan service district, $100.
(c) County office, district attorney or circuit court judge,
$50.
(d) State Senator or Representative or councilor of a
metropolitan service district under ORS chapter 268, $25.
(2) No filing fee shall be required of persons filing a
declaration of candidacy for precinct committeeperson or justice
of the peace.
SECTION 16. ORS 254.545 is amended to read:
254.545. Subject to ORS 254.548, the county clerk:
(1) As soon as possible after any election, shall prepare
abstracts of votes. The abstract for { - election - }
{ + elections + } of Governor { + and Lieutenant Governor + }
shall be on a sheet separate from the abstracts for other offices
and measures.
(2) On completion of the abstracts, shall record a complete
summary of votes cast in the county for each office, candidate
for office and measure. The county clerk shall sign and certify
this record.
(3) Not later than the 20th day after the election, shall
deliver a copy of the abstracts for other than county offices to
the appropriate elections officials. The abstract for
{ - election - } { + elections + } of Governor { + and
Lieutenant Governor + } shall be delivered separately to the
Secretary of State as provided in section 4, Article V, Oregon
Constitution.
(4) Not later than the 30th day after the election, shall
proclaim which county measure is paramount, if two or more
approved county measures contain conflicting provisions.
(5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to county or precinct offices.
(6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks
are entitled. The county governing body shall order the
compensation paid by county funds.
SECTION 17. ORS 254.555 is amended to read:
254.555. (1) Except as provided in ORS 254.548, not later than
the 30th day after any election, the Secretary of State,
regarding offices for which the secretary receives filings for
nomination, shall:
(a) Canvass the votes for the offices, except the
{ - office - } { + offices + } of Governor { + and Lieutenant
Governor + } after the general election.
(b) Enter in a register of nominations after the primary
election the name and, if applicable, major political party of
each candidate nominated, the office for which the candidate is
nominated, and the date of entry.
(c) Prepare and deliver a certificate of nomination or election
to each candidate having the most votes for nomination for or
election to the office. The Secretary of State shall sign the
certificate under the seal of the state.
(d) Issue a proclamation declaring the election of candidates
to the offices.
(2) Not later than the 30th day after the election:
(a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
(b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure. If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
SECTION 18. ORS 254.575 is amended to read:
254.575. When two or more candidates for the same office, after
a full recount of votes, have an equal and the highest number of
votes:
(1) For election to state Senator or Representative, a party
office, or a public office for which the elections officer is
other than the Secretary of State, the elections officer shall
have the candidates meet publicly to decide by lot who is
elected.
(2) For election to a public office other than Governor { + ,
Lieutenant Governor + } or those referred to in subsection (1) of
this section, the Secretary of State by proclamation shall order
a new election to fill the office.
(3) For election to Governor { + or Lieutenant Governor + },
the Legislative Assembly at the beginning of the next regular
session shall meet jointly and elect one of the candidates { +
for the office + }.
(4) For nomination by one major political party to an office,
the elections officer who receives filings for nomination to the
office shall have the candidates meet publicly to decide by lot
who is nominated.
SECTION 19. ORS 254.650 is amended to read:
254.650. (1) If the Secretary of State determines that a
vacancy exists in the nomination of a candidate of a major
political party for state office, that the vacancy is due to the
death of the candidate and that the vacancy occurred after the
30th day before the date of the general election:
(a) The election for that state office may not be held at the
general election;
(b) The county clerks may not count ballots cast for candidates
for that state office at the general election; and
(c) The Secretary of State shall order a special election as
provided in ORS 254.655.
(2) The candidates listed on the ballot at the special election
shall be:
(a) The candidates who were listed on the general election
ballot, other than the candidate whose nomination became vacant;
and
(b) The candidate selected to fill the vacancy in the
nomination as provided in ORS 249.190 or 249.205.
(3) As used in this section { + , + } 'state office' means the
office of Governor, { + Lieutenant Governor, + } Secretary of
State, State Treasurer, Attorney General, state Senator or state
Representative.
SECTION 20. ORS 254.660 is amended to read:
254.660. (1) Notwithstanding ORS 253.045 and 253.065, for a
special election called under ORS 254.655, long-term absentee
ballots shall be mailed not later than the 30th day before the
date of the election. County clerks shall make other absentee
ballots available not later than the 28th day before the date of
the special election.
(2) Notwithstanding ORS 254.545, not later than 5 p.m. of the
third day after the date of the special election, the county
clerk shall deliver to the Secretary of State a copy of the
abstracts for the offices voted upon at the special election. The
abstract for { - election - } { + elections + } of Governor
{ + and Lieutenant Governor + } shall be delivered separately to
the secretary as provided in section 4, Article V of the Oregon
Constitution.
(3) Notwithstanding ORS 253.135, not later than 5 p.m. of the
first day after the date of the special election, a county clerk
who received a ballot originating in another county shall forward
the ballot by overnight mail or delivery or by the most
expeditious means available to the county clerk of the county
from which the ballot originated.
(4) Notwithstanding ORS 254.555, not later than 5 p.m. of the
fourth business day after the date of the special election, the
Secretary of State shall issue a proclamation declaring the
election of candidates to offices or shall order recounts of the
votes cast as provided in ORS 258.280.
(5)(a) Notwithstanding ORS 258.161, a recount may not be
conducted for any special election under this section unless the
recount is required by ORS 258.280.
(b) If a recount for any special election is required by ORS
258.280, the Secretary of State shall complete the recount as
expeditiously as possible to minimize disruption to the sessions
of the Legislative Assembly and shall issue a proclamation
declaring the election of a candidate to office upon completion
of the recount.
(6) The cost of all special elections called under ORS 254.655
shall be paid by the state.
(7) The ballot at a special election described in this section
may not contain:
(a) Any measure; or
(b) Any candidate other than those candidates for which a
special election is necessary.
(8) If there is a vacancy in the nomination of a candidate at a
special election called under ORS 254.655, the vacancy in the
nomination shall be filled in the manner provided in ORS chapter
249 and the special election shall be held as scheduled.
(9) When the office of state Senator or state Representative is
vacant at the beginning of a session of the Legislative Assembly
due to a special election called under ORS 254.655, the vacancy
may not be filled as provided in ORS 171.051 unless, before
entering upon the duties of the office to which the person was
elected, the person elected at the special election dies, resigns
or is declared disqualified by the house to which the person was
elected.
(10) The Secretary of State may adopt rules governing the
procedures for conducting a special election required by ORS
254.650.
SECTION 21. ORS 258.036 is amended to read:
258.036. (1) Not later than the 40th day after the election or
the seventh day after completion of a recount of votes cast in
connection with the nomination, office or measure, any person
authorized to contest a result of the election may file a
petition of contest. The petition shall be filed with:
(a) The Circuit Court for Marion County if the petition
involves a state measure, a candidate for election to the office
of elector of President and Vice President of the United States
or a candidate for nomination or election to the office of United
States Senator, United States Representative in Congress,
Governor, { + Lieutenant Governor, + } Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, Superintendent of Public Instruction or a
position of judge on the Oregon Supreme Court, the Oregon Court
of Appeals or the Oregon Tax Court.
(b) The circuit court for the county where a majority of the
electors in the electoral district reside if the petition
involves a candidate for nomination or election to the office of
state Senator, state Representative, circuit court judge or
district attorney.
(c) The circuit court for the county in which the filing
officer is located if the petition involves a candidate for
nomination or election to county, city or district office or a
county, city or district measure. If a district is located in
more than one county, the petition shall be filed with the
circuit court for the county in which the administrative office
of the district is located.
(2) The petition shall be verified in the manner required for
verification of complaints in civil cases and shall specify:
(a) The cause of the contest; and
(b) The names of all contestees.
SECTION 22. ORS 258.055 is amended to read:
258.055. (1) Except as provided in subsection (2) of this
section, when a contestant files a petition of contest with the
circuit court described under ORS 258.036 (1), the contestant
shall, within three business days of filing the petition, publish
a notice stating that the petition has been filed and identifying
the date of the deadline described in this subsection for filing
a motion to intervene. The notice shall be published at least
once in the next available issue of a newspaper of general
circulation published in the county where the proceeding is
pending. Jurisdiction over the election contest shall be
complete within 10 days after the notice is published as provided
in this section. Any person interested may at any time before
the expiration of the 10 days appear and contest the validity of
the proceeding, or of any of the acts or things enumerated in the
proceeding.
(2) Subsection (1) of this section does not apply if the
contest involves a state measure, the election of a candidate to
the office of elector of President and Vice President of the
United States or the nomination or election of a candidate to the
office of United States Senator, United States Representative in
Congress, Governor, { + Lieutenant Governor, + } Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries, Superintendent of Public
Instruction or a position of judge on the Oregon Supreme Court,
the Oregon Court of Appeals or the Oregon Tax Court.
(3) Not later than two business days after a petition of
contest is filed with the circuit court, the contestant shall
serve a copy of the petition by certified mail on each contestee.
If the Secretary of State or county clerk is not a contestee, not
later than one business day after a petition of contest is filed
with the circuit court, the contestant shall file a copy of the
petition with:
(a) The Secretary of State if the petition involves a candidate
for state office or a state measure; or
(b) The county clerk if the petition involves a candidate for
county, city or district office or a county, city or district
measure. As used in this paragraph, 'county clerk' includes the
county clerk of the county in which the administrative office of
a city or district is located regarding a measure or a candidate
for an office to be voted on in a city or district located in
more than one county.
(4) The circuit court shall fix a time for the hearing by the
circuit court of the contest proceeding, and not later than the
fifth day before the hearing shall give written notice of the
hearing to each party to the proceeding. In fixing the time for
the hearing, the court shall consider the dates set in any notice
published under subsection (1) of this section and the dates of
service on the contestees. The contest proceeding shall take
precedence over all other business on the circuit court docket.
(5) The circuit court shall hear and determine the proceeding
without a jury and shall issue written findings of law and fact.
The practice and procedure otherwise applicable to civil cases
shall govern the proceeding, except that the contestant has the
burden of proof by clear and convincing evidence.
SECTION 23. ORS 260.005, as amended by section 21, chapter 809,
Oregon Laws 2005, is amended to read:
260.005. As used in this chapter:
(1)(a) 'Candidate' means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual's
consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made, and whether or
not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has
been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.159, '
candidate' does not include a candidate for the office of
precinct committeeperson.
(2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
The officers of a political party shall be considered the
directors of any political party committee of that party, unless
otherwise provided in the party's bylaws.
(3)(a) Except as provided in ORS 260.007, 'contribute' or '
contribution' includes:
(A) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of
money, services other than personal services for which no
compensation is asked or given, supplies, equipment or any other
thing of value:
(i) For the purpose of influencing an election for public
office or an election on a measure, or of reducing the debt of a
candidate for nomination or election to public office or the debt
of a political committee; or
(ii) To or on behalf of a candidate, political committee or
measure; and
(B) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
(b) Regarding a contribution made for compensation or
consideration of less than equivalent value, only the excess
value of it shall be considered a contribution.
(4)(a) 'Controlled committee' means a political committee that,
in connection with the making of contributions or expenditures:
(A) Is controlled directly or indirectly by a candidate or a
controlled committee; or
(B) Acts jointly with a candidate or controlled committee.
(b) For purposes of this subsection, a candidate controls a
political committee if:
(A) The candidate, the candidate's agent, a member of the
candidate's immediate family or any other political committee
that the candidate controls has a significant influence on the
actions or decisions of the political committee; or
(B) The candidate's principal campaign committee and the
political committee both have the candidate or a member of the
candidate's immediate family as a treasurer or director.
(5) 'County clerk' means the county clerk or the county
official in charge of elections.
(6) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(7) Except as provided in ORS 260.007, 'expend' or '
expenditure' includes the payment or furnishing of money or
anything of value or the incurring or repayment of indebtedness
or obligation by or on behalf of a candidate, political committee
or person in consideration for any services, supplies, equipment
or other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
committee or measure, or for reducing the debt of a candidate for
nomination or election to public office. 'Expenditure' also
includes contributions made by a candidate or political committee
to or on behalf of any other candidate or political committee.
(8) 'Filing officer' means:
(a) The Secretary of State:
(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS
260.118 by the chief petitioners of a statewide initiative or
referendum petition or by the chief petitioners of a recall
petition relating to a person holding state office;
(C) Regarding any measure; or
(D) Regarding any political committee.
(b) The county clerk, regarding a statement required to be
filed under ORS 260.118 by:
(A) The chief petitioners of a county initiative or referendum
petition;
(B) The chief petitioners of a district initiative or
referendum petition where the district is situated wholly within
one county; or
(C) The chief petitioners of a recall petition relating to a
county public office holder or a district public office holder
where the district is situated wholly within one county.
(c) The chief city elections officer, regarding a statement
required to be filed under ORS 260.118 by:
(A) The chief petitioners of a city initiative or referendum
petition; or
(B) The chief petitioners of a recall petition relating to a
city public office holder.
(d) The county clerk of the county in which the office of the
chief administrative officer or administrative board is located,
when the district is situated in more than one county, regarding
a statement required to be filed under ORS 260.118 by:
(A) The chief petitioners of a district initiative or
referendum petition; or
(B) The chief petitioners of a recall petition relating to a
district public office holder.
(e) Notwithstanding paragraphs (a) to (d) of this subsection,
in the case of an irrigation district formed under ORS chapter
545:
(A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the
proposed district is situated wholly in one county;
(B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located,
regarding any candidate for office or any measure at an
irrigation district formation election where the proposed
district is situated in more than one county; or
(C) The secretary of the irrigation district for any election
other than an irrigation district formation election.
(9) 'Independent expenditure' means an expenditure by a person
for a communication in support of or in opposition to a clearly
identified candidate or measure that is not made with the
cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate, or any political
committee or agent of a political committee supporting or
opposing a measure. For purposes of this subsection:
(a) A communication is 'in support of or in opposition to ' a
candidate or measure if:
(A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly
identified candidate for nomination or election to public office,
or the passage or defeat of a clearly identified measure;
(B) The communication, as a whole, seeks action rather than
simply conveying information; and
(C) It is clear what action the communication advocates.
(b) 'Agent' means any person who has:
(A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate or on behalf of a political committee
supporting or opposing a measure; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures.
(c) 'Clearly identified' means, with respect to candidates:
(A) The name of the candidate involved appears;
(B) A photograph or drawing of the candidate appears; or
(C) The identity of the candidate is apparent by unambiguous
reference.
(d) 'Clearly identified' means, with respect to measures:
(A) The ballot number of the measure appears;
(B) A description of the measure's subject or effect appears;
or
(C) The identity of the measure is apparent by unambiguous
reference.
(e) 'Made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a
candidate or any agent or authorized committee of the candidate,
or any political committee or agent of a political committee
supporting or opposing a measure':
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent, or by any political committee
or agent of a political committee supporting or opposing a
measure, prior to the publication, distribution, display or
broadcast of the communication. An expenditure shall be presumed
to be so made when it is:
(i) Based on information about the plans, projects or needs of
the candidate, or of the political committee supporting or
opposing a measure, and provided to the expending person by the
candidate or by the candidate's agent, or by any political
committee or agent of a political committee supporting or
opposing a measure, with a view toward having an expenditure
made; or
(ii) Made by or through any person who is or has been
authorized to raise or expend funds, who is or has been an
officer of a political committee authorized by the candidate or
by a political committee or agent of a political committee
supporting or opposing a measure, or who is or has been receiving
any form of compensation or reimbursement from the candidate, the
candidate's principal campaign committee or agent or from any
political committee or agent of a political committee supporting
or opposing a measure; and
(B) Does not include providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures.
(10) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
(11) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
(12) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
(13) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(14) 'Occupation' means:
(a) The nature of an individual's principal business; and
(b) If the individual is employed by another person, the
business name and address, by city and state, of the employer.
(15) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
(16)(a) 'Political committee' means a combination of two or
more individuals, or a person other than an individual, that has:
(A) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
(B) Made an expenditure for the purpose of supporting or
opposing a candidate, measure or political party.
(b) For purposes of paragraph (a)(B) of this subsection, an
expenditure does not include:
(A) A contribution to a candidate or political committee that
is required to report the contribution on a statement filed under
ORS 260.057, 260.076 or 260.102 or a certificate filed under ORS
260.112; or
(B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044 (1).
(17) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors.
(18) 'Recall petition' means a petition to recall a public
officer for which a prospective petition has been filed but that
is not yet a measure.
(19) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
(20) 'Regular district election' means the regular district
election described in ORS 255.335.
(21) 'Slate mailer' means a mass mailing that supports or
opposes a total of three or more candidates or measures.
(22)(a) 'Slate mailer organization' means, except as provided
in paragraph (b) of this subsection, any person who directly or
indirectly:
(A) Is involved in the production of one or more slate mailers
and exercises control over the selection of the candidates and
measures to be supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more
slate mailers or for endorsing or opposing, or refraining from
endorsing or opposing, a candidate or measure in one or more
slate mailers.
(b) Notwithstanding paragraph (a) of this subsection, 'slate
mailer organization' does not include:
(A) A political committee organized by a political party; or
(B) A political committee organized by the caucus of either the
Senate or the House of Representatives of the Legislative
Assembly.
(23) 'State office' means the office of Governor, { +
Lieutenant Governor, + } Secretary of State, State Treasurer,
Attorney General, Commissioner of the Bureau of Labor and
Industries, Superintendent of Public Instruction, state Senator,
state Representative, judge or district attorney.
SECTION 24. ORS 260.076, as amended by section 32a, chapter
809, Oregon Laws 2005, is amended to read:
260.076. (1) A legislative official, statewide official or
candidate therefor, or the official's or candidate's principal
campaign committee, shall file statements showing contributions
received by or on behalf of the official, candidate or committee
during the period beginning January 1 immediately preceding a
regular biennial session of the Legislative Assembly and ending
upon adjournment of the regular biennial session of the
Legislative Assembly, or during any special session of the
Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor,
{ + the Lieutenant Governor, Lieutenant Governor-elect or a
candidate for Lieutenant Governor + } or the principal campaign
committee of the Governor, Governor-elect { + , Lieutenant
Governor, Lieutenant Governor-elect + } or candidate { - , - }
shall file statements showing contributions received by or on
behalf of the Governor, Governor-elect, { + Lieutenant Governor,
Lieutenant Governor-elect, + } candidate or committee during the
period beginning January 1 immediately preceding a regular
biennial session of the Legislative Assembly and ending 30
business days following adjournment of the regular biennial
session of the Legislative Assembly, or during any special
session of the Legislative Assembly.
(3) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official { + , + } { - or - }
the Governor, Governor-elect { + , Lieutenant Governor,
Lieutenant Governor-elect + } or { + a + } candidate for
Governor { + or Lieutenant Governor + } shall file statements
showing contributions received by the person or committee on
behalf of a legislative official, statewide official or candidate
therefor, during the period beginning January 1 immediately
preceding a regular biennial session of the Legislative Assembly
and ending upon adjournment of the regular biennial session of
the Legislative Assembly, or during any special session of the
Legislative Assembly.
(4) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official { + , + } { - or - }
the Governor, Governor-elect { + , Lieutenant Governor,
Lieutenant Governor-elect + } or { + a + } candidate for
Governor { + or Lieutenant Governor + } shall file statements
showing contributions received by the person or committee on
behalf of the Governor, Governor-elect { + , Lieutenant Governor,
Lieutenant Governor-elect + } or candidate for Governor { + or
Lieutenant Governor + }, during the period beginning January 1
immediately preceding a regular biennial session of the
Legislative Assembly and ending 30 business days following
adjournment of the regular biennial session of the Legislative
Assembly, or during any special session of the Legislative
Assembly.
(5) A statement described in subsections (1) to (4) of this
section shall be filed with the Secretary of State not later than
two business days after the date a contribution is received. A
statement shall be filed on a form prescribed by the Secretary of
State.
(6) If a statement has been filed under subsections (1) to (4)
of this section, the next statement filed by the Governor,
Governor-elect, { + Lieutenant Governor, Lieutenant
Governor-elect, + } official, candidate, principal campaign
committee or other political committee under ORS 260.057 shall
include the contributions reported in statements filed under this
section.
(7) This section applies notwithstanding the filing of a
certificate under ORS 260.112.
(8) As used in this section:
(a) 'Legislative official' means any member or member-elect of
the Legislative Assembly.
(b) '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.
SECTION 25. ORS 279.855 is amended to read:
279.855. The following may purchase equipment, materials,
supplies and services through the Oregon Department of
Administrative Services in the same manner as state agencies as
provided in ORS 279A.140 to 279A.155 and 279A.250 to 279A.290:
(1) Qualified nonprofit agencies for disabled individuals
participating in the program set forth in ORS 279.835 to 279.855,
279A.025 (4) and 279C.335.
(2) Residential programs when under contract with the
Department of Human Services to provide services to youth in the
custody of the state.
(3) Public benefit corporations, as defined in ORS 65.001, that
provide public services either under contract with a state
agency, as defined in ORS { - 171.133 - } { + 171.130 + }, or
under contract with a unit of local government, as defined in ORS
190.003, that funds the contract, in whole or in part, with state
funds.
SECTION 26. ORS 285A.131 is amended to read:
285A.131. (1) There is established the International Trade
Commission consisting of 15 members appointed by the Governor. In
appointing members of the commission, the Governor shall appoint
some members who represent businesses specializing in
international trade and some who represent traded sector
industries. The commission shall include:
(a) A member of the Oregon Economic and Community Development
Commission;
(b) A member of the State Board of Agriculture;
(c) A member of the board of commissioners of the Port of
Portland; and
(d) A representative of the Pacific Northwest International
Trade Association.
(2) In addition to the members appointed by the Governor, the
President of the Senate shall appoint one member of the Senate
and the Speaker of the House of Representatives shall appoint one
member of the House of Representatives to serve as nonvoting, ex
officio members of the International Trade Commission.
(3) The members of the commission who are appointed by the
Governor shall serve on the commission at the pleasure of the
Governor.
(4) The members of the commission who are appointed by the
Governor may receive payment for their actual and necessary
travel and other expenses as provided in ORS 285A.060.
(5) The Economic and Community Development Department shall
provide staff support for the International Trade Commission.
(6) The commission may appoint work groups and task forces as
the commission considers appropriate to assist the commission in
carrying out the duties of the commission under this section and
ORS 285A.133. Work groups and task forces may include individuals
who are not members of the commission.
(7) The { - Director of the Economic and Community
Development Department, with the approval of the Governor, - }
{ + Lieutenant Governor + } shall { - appoint an - }
{ + serve as + } executive director of the International
Division of the Economic and Community Development Department
{ - from a list of candidates submitted by the International
Trade Commission - } .
SECTION 27. ORS 285A.133 is amended to read:
285A.133. The International Trade Commission shall:
(1) Act as an advocate for international trade with Oregon and
promote the state's international trade agenda.
(2) Serve as a body to advise governmental bodies, agencies and
private persons on the development and implementation of state
policies and programs relating to international trade,
coordinated with agricultural trade of the State Department of
Agriculture, and assist, through the International Division of
the Economic and Community Development Department, in the
coordination of those activities.
(3) Set policy for and monitor programs relating to and
expanding international trade for the International Division of
the Economic and Community Development Department.
(4) Recommend changes in state policies and programs relating
to international trade to the { - Director of the Economic and
Community Development Department - } { + Lieutenant
Governor + } and the Oregon Economic and Community Development
Commission.
SECTION 28. ORS 291.272 is amended to read:
291.272. As used in ORS 291.272 to 291.280, unless the context
requires otherwise:
(1) 'Administrative expenses' has the meaning defined by ORS
291.305.
(2) 'Department' means the Oregon Department of Administrative
Services.
(3) 'Governmental service expenses' means the expenses of state
government that are attributable to the operation, maintenance,
administration and support of state government generally, and
includes the following:
(a) Administrative expenses of the Oregon Department of
Administrative Services supported out of the General Fund.
(b) Sixty percent of the expenditures of the Legislative
Assembly out of moneys appropriated from the General Fund, and
all of the expenditures incurred in the administration of the
duties of the Emergency Board.
(c) Sixty percent of the expenditures incurred in the
administration of the duties of the Joint Committee on Ways and
Means and the Emergency Board.
(d) Sixty percent of the expenditures incurred out of moneys
appropriated from the General Fund in the administration of the
duties of the Legislative Counsel Committee.
(e) Expenditures of the Secretary of State in the
administration of the office of the State Archivist, of historic
properties programs, and of the administrative rules publication
program.
(f) Seventy-five percent of the administrative expenses of the
Office of the Governor incurred out of moneys appropriated from
the General Fund.
{ + (g) Seventy-five percent of the administrative expenses
of the Office of the Lieutenant Governor incurred out of moneys
appropriated from the General Fund. + }
(4) 'State agency' means every state officer, board,
commission, department, institution, branch or agency of the
state government, whose costs are paid wholly or in part from
funds held in the State Treasury, and includes the Legislative
Assembly, the courts and their officers and committees.
SECTION 29. ORS 292.010 is amended to read:
292.010. { + Except as provided in ORS 292.039, + } the
salaries of the Governor, { + Lieutenant Governor, + } Secretary
of State, State Treasurer, Attorney General, judges of the
Supreme and circuit courts, district attorneys, and all other
state officers, and all persons employed by the state whose
salary or compensation is payable by law out of the State
Treasury, shall be paid monthly or on a biweekly basis.
SECTION 30. ORS 292.313 is amended to read:
292.313. The incumbents of each of the following offices shall
be paid an annual salary on a monthly basis, as follows:
(1) Governor, $93,600 for the year beginning July 1, 2001, and
ending June 30, 2002, and for each year thereafter. The Governor
shall also be paid $1,000 per month regularly for expenses
necessarily incurred but not otherwise provided for.
{ + (2) Lieutenant Governor, $72,000 prorated for the portion
of the year beginning July 1, 2008, and ending June 30, 2009,
that the first elected Lieutenant Governor serves in office, and
$72,000 for each year thereafter. The Lieutenant Governor shall
also be paid $250 per month regularly for expenses necessarily
incurred but not otherwise provided for. + }
{ - (2) - } { + (3) + } Secretary of State, $72,000 for the
year beginning July 1, 2001, and ending June 30, 2002, and for
each year thereafter. The Secretary of State shall also be paid
$250 per month regularly for expenses necessarily incurred but
not otherwise provided for.
{ - (3) - } { + (4) + } State Treasurer, $72,000 for the
year beginning July 1, 2001, and ending June 30, 2002, and for
each year thereafter. The State Treasurer shall also be paid $250
per month regularly for expenses necessarily incurred but not
otherwise provided for.
{ - (4) - } { + (5) + } Attorney General, $77,200 for the
year beginning July 1, 2001, and ending June 30, 2002, and for
each year thereafter. The Attorney General shall also be paid
$250 per month regularly for expenses necessarily incurred but
not otherwise provided for.
{ - (5) - } { + (6) + } Superintendent of Public
Instruction, $72,000 for the year beginning July 1, 2001, and
ending June 30, 2002, and for each year thereafter. The
superintendent shall also be paid $250 per month regularly for
expenses necessarily incurred but not otherwise provided for.
{ - (6) - } { + (7) + } Commissioner of the Bureau of Labor
and Industries, $72,000 for the year beginning July 1, 2001, and
ending June 30, 2002, and for each year thereafter. The
commissioner shall also be paid $250 per month regularly for
expenses necessarily incurred but not otherwise provided for.
SECTION 31. ORS 292.316 is amended to read:
292.316. All fees and commissions of any kind, name or nature
collected by the Governor, { + Lieutenant Governor, + }
Secretary of State, State Treasurer or Attorney General for any
service performed by the Governor, { + Lieutenant Governor, + }
Secretary of State, State Treasurer or Attorney General by virtue
of office or collected by the Governor, { + Lieutenant
Governor, + } Secretary of State, State Treasurer or Attorney
General by virtue of office, shall be paid into the State
Treasury on or before the 10th day of the month following the
collection thereof, accompanied by a statement designating the
fund or account to which the payment is to be credited. Each of
such officers shall, in the biennial report of the officer, set
forth a statement of all moneys so collected and paid over to the
State Treasury.
SECTION 32. ORS 292.430 is amended to read:
292.430. (1) In addition to the annual salaries set forth in
ORS 171.072 and 292.313, the Oregon Department of Administrative
Services may 'pick-up,' assume and pay to the Public Employees
Retirement Fund any employee contributions, otherwise required by
ORS 238.200, for the Governor, { + Lieutenant Governor, + }
Secretary of State, State Treasurer, Attorney General,
Superintendent of Public Instruction, Commissioner of the Bureau
of Labor and Industries and members of the Legislative Assembly.
(2) The department may provide health, dental, life and
long-term disability insurance without cost to the officers
referred to in subsection (1) of this section and to judges of
the Supreme Court, Court of Appeals, Oregon Tax Court and circuit
courts in such amounts as are provided from time to time to
employees in the unclassified service of the state.
SECTION 33. ORS 292.930 is amended to read:
292.930. Each of the following elective officers shall be paid
an annual salary on a monthly basis as determined by the
Legislative Assembly each biennium { - beginning July 1,
1985 - } :
(1) Governor.
{ + (2) Lieutenant Governor. + }
{ - (2) - } { + (3) + } Secretary of State.
{ - (3) - } { + (4) + } State Treasurer.
{ - (4) - } { + (5) + } Attorney General.
{ - (5) - } { + (6) + } Superintendent of Public
Instruction.
{ - (6) - } { + (7) + } Commissioner of the Bureau of Labor
and Industries.
{ - (7) - } { + (8) + } Court of Appeals Judge.
{ - (8) - } { + (9) + } Supreme Court Justice.
{ - (9) - } { + (10) + } Circuit Court Judge.
{ - (10) - } { + (11) + } Tax Court Judge.
SECTION 34. ORS 357.835 is amended to read:
357.835. (1) Except as otherwise provided by law, when the
State Archivist has determined that public records are stored
under conditions where they are no longer available for use or
which are dangerous to the safety and protection of the records,
or where no safe storage is available, all such public records or
writings as the State Archivist may requisition as being of value
or interest for the purposes mentioned in ORS 357.825 shall be
transferred to the custody of the State Archivist.
(2) If a state agency is abolished or ceases to operate, its
public records and writings shall be transferred to the custody
of the State Archivist, except for records of functions
transferred by law to other agencies and records needed for the
liquidation of obligations or property of the agency. Records
used in the liquidation of the agency shall be transferred to the
State Archivist when the liquidation is completed.
(3) The Governor, { + the Lieutenant Governor, + } the
Secretary of State and the State Treasurer shall deposit with the
State Archivist for safekeeping in the custody of the State
Archivist records of their offices that are used for historical
rather than current administrative purposes.
SECTION 35. ORS 401.055 is amended to read:
401.055. (1) The Governor may declare a state of emergency by
proclamation at the request of a county governing body or after
determining that an emergency has occurred or is imminent.
(2) All requests by a county governing body that the Governor
declare an emergency shall be sent to the Office of Emergency
Management. Cities must submit requests through the governing
body of the county in which the majority of the city's property
is located. Requests from counties shall be in writing and
include the following:
(a) A certification signed by the county governing body that
all local resources have been expended; and
(b) A preliminary assessment of property damage or loss,
injuries and deaths.
(3)(a) If, in the judgment of the Superintendent of State
Police, the Governor cannot be reached by available
communications facilities in time to respond appropriately to an
emergency, the superintendent shall notify the { - Secretary of
State - } { + Lieutenant Governor + } or, if the
{ - Secretary of State - } { + Lieutenant Governor + } is not
available, the { - State Treasurer - } { + Secretary of
State + } that the Governor is not available.
(b) After notice from the superintendent that the Governor is
not available, the elected state official so notified may declare
a state of emergency pursuant to the provisions of subsections
(1) and (2) of this section.
(c) If the Superintendent of State Police is unavailable to
carry out the duties described in this subsection, such duties
shall be performed by the Director of the Office of Emergency
Management.
(4) Any state of emergency declared by the { + Lieutenant
Governor or + } Secretary of State { - or State Treasurer - }
pursuant to this section has the same force and effect as if
issued by the Governor, except that it must be affirmed by the
Governor as soon as the Governor is reached. However, if the
Governor does not set aside the proclamation within 24 hours of
being reached, the proclamation shall be considered affirmed by
the Governor.
(5) Any proclamation of a state of emergency must specify the
geographical area covered by the proclamation. Such area shall be
no larger than necessary to effectively respond to the emergency.
SECTION 36. ORS 461.180 is amended to read:
461.180. (1) The Director of the Oregon State Lottery shall
make an ongoing study of the operation and the administration of
the lotteries which may be in operation in other states or
countries, of available literature on the subject, of federal
laws which may affect the operation of the Oregon State Lottery
and of the reaction of citizens of the state to existing or
proposed features in lottery games, with a view toward
recommending improvements that will tend to serve the purposes of
this chapter. The director may make recommendations to the
commission, Governor and Legislative Assembly on any matters
concerning the secure and efficient operation and administration
of the state lottery and the convenience of the purchasers of
tickets and shares.
(2) The director shall make and keep books and records which
accurately and fairly reflect each day's transactions, including
but not limited to, the distribution of tickets or shares to
lottery game retailers, receipt of funds, prize claims, prize
disbursements or prizes liable to be paid, expenses and all other
financial transactions involving state lottery funds necessary so
as to permit preparation of financial statements in conformity
with generally accepted accounting principles and to maintain
daily accountability.
(3) The director shall make a monthly financial report to the
commission, and upon request provide copies of such reports to
the Governor, { + the Lieutenant Governor, + } the Attorney
General, the Secretary of State, the State Treasurer and the
Legislative Assembly. Such report shall include a full and
complete statement of state lottery revenues, prize
disbursements, expenses, net revenues and all other financial
transactions involving state lottery funds for the month.
(4) After the first six months of sales of tickets or shares to
the public, the director shall engage an independent firm
experienced in demographic analysis to conduct a special study
which shall ascertain the demographic characteristics of the
players of each lottery game, including but not limited to their
income, age, sex, education and frequency of participation. This
report shall be presented to the commission, the Governor,
{ + the Lieutenant Governor, + } the Attorney General, the
Secretary of State, the State Treasurer and the Legislative
Assembly. Similar studies shall be conducted after the first such
study from time to time as determined by the director.
(5) After the first full year of sales of tickets or shares to
the public, the director shall engage an independent firm
experienced in the analysis of advertising, promotion, public
relations, incentives, public disclosures of odds and numbers of
winners in lottery games and other aspects of communications to
conduct a special study of the effectiveness of such
communications activities by the state lottery and make
recommendations to the commission on the future conduct and
future rate of expenditure for such activities. This report shall
be presented to the commission, the Governor, { + the Lieutenant
Governor, + } the Attorney General, the Secretary of State, the
State Treasurer and the Legislative Assembly. Until the
presentation of such report and action by the commission, the
state lottery shall expend as close to three and one-half percent
as practical of the projected sales of all tickets and shares for
advertising, promotion, public relations, incentives, public
disclosures of odds and numbers of winners in lottery games and
other aspects of communications. Similar studies shall be
conducted from time to time after the first such study as
determined by the director.
(6) After the first nine months of sales of tickets or shares
to the public, the commission shall engage an independent firm
experienced in security procedures, including but not limited to
computer security and systems security, to conduct a
comprehensive study and evaluation of all aspects of security in
the operation of the state lottery. Such study shall include, but
not be limited to, personnel security, lottery game retailer
security, lottery contractor security, security of manufacturing
operations of lottery contractors, security against ticket
counterfeiting and alteration and other means of fraudulently
winning, security of drawings among entries or finalists,
computer security, data communications security, database
security, security in distribution, security involving validation
and payment procedures, security involving unclaimed prizes,
security aspects applicable to each particular lottery game,
security of drawings in lottery games where winners are
determined by drawings of numbers, the completeness of security
against locating winners in lottery games with preprinted winners
by persons involved in their production, storage, distribution or
sale and any other aspects of security applicable to any
particular lottery game and to the state lottery and its
operations. The portion of the report containing the overall
evaluation of the state lottery in terms of each aspect of
security shall be presented to the commission, the Governor,
{ + the Lieutenant Governor, + } the Attorney General, the
Secretary of State, the State Treasurer and the Legislative
Assembly. Notwithstanding other provisions of state law, the
portion of the report containing specific recommendations shall
be confidential and shall be presented only to the commission,
the Governor and the director. Similar studies of security shall
be conducted biennially thereafter.
(7) The director may delegate to any of the employees of the
Oregon State Lottery the exercise or discharge in the director's
name of any power, duty or function of whatever character, vested
in or imposed by law upon the director. The official act of any
such person so acting in the director's name and by the authority
of the director shall be considered to be an official act of the
director.
SECTION 37. ORS 805.220 is amended to read:
805.220. (1) Upon application by an elected official who
qualifies under this section, the Department of Transportation
shall issue registration plates described under this section to
the official for use on the motor vehicle of the person.
Registration plates issued under this section may be displayed on
the vehicle of the person in lieu of regular registration plates
issued under the vehicle code.
(2) The following apply to registration plates issued under
this section:
(a) The plates shall be considered customized plates for
purposes of the fee in ORS 805.250.
(b) The plates shall be assigned to a specific vehicle.
(c) The plates shall be issued in addition to regular
registration plates issued for a vehicle at the option of the
applicant.
(d) The plates shall not be transferable from vehicle to
vehicle except as provided by the department by rule.
(e) The plates shall be valid for the term of office of the
qualifying official. If the person is elected to a subsequent
term of office, the department may provide for validation of the
plate for the subsequent term by means of a sticker or by any
other means the department determines convenient.
(f) The person to whom the plates are issued may retain the
plates after the person's term of office, but the plates shall
not be valid if displayed on any vehicle while the person is not
holding the office for which the plates were issued.
(3) Only the following elected officials qualify for issuance
of registration plates under this section:
{ + (a) The Lieutenant Governor. + }
{ - (a) - } { + (b) + } The Secretary of State.
{ - (b) - } { + (c) + } The State Treasurer.
{ - (c) - } { + (d) + } Members of the Oregon Legislative
Assembly.
{ - (d) - } { + (e) + } Members of the Oregon Congressional
Delegation.
(4) Nothing in this section applies to or affects the authority
of the department to issue distinctive registration plates on
vehicles owned by this state that are provided for use of the
Governor.
(5) The department shall adopt rules necessary to carry out the
purposes of this section.
SECTION 38. { + This 2007 Act does not take effect unless the
amendment to the Oregon Constitution proposed by House Joint
Resolution 3 (2007) is approved by the people at a special
election held throughout this state on the same date as the next
primary election. This 2007 Act takes effect on the effective
date of that constitutional amendment. + }
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