74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2088
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State Bill
Bradbury)
CHAPTER ................
AN ACT
Relating to reports received by the Secretary of State; creating
new provisions; and amending ORS 177.170 and 177.180.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 177.170 is amended to read:
177.170. (1) The Secretary of State shall establish a toll-free
telephone line that is available to public employees and members
of the public for the purpose of reporting waste, inefficiency or
abuse by state agencies, state employees or persons under
contract with state agencies.
{ + (2) In addition to establishing a toll-free telephone
line under subsection (1) of this section, the secretary shall
also accept reports of waste, inefficiency or abuse by state
agencies, state employees or persons under contract with state
agencies made to the secretary by any other method. + }
{ - (2) - } { + (3) + } The toll-free telephone line
{ + required to be + } established under { + subsection (1)
of + } this section shall be known as the Government Waste
Hotline. The secretary { - of State - } shall prepare written
notices that explain the purpose of the Government Waste Hotline
{ - . The notices shall - } { + and that + } prominently
display the telephone number for the Government Waste Hotline.
The notice shall be posted in all state offices. If a state
office is open to members of the public, the notice shall be
posted in a place where the public is most likely to see the
notice.
{ - (3) - } { + (4) + } The secretary { - of State - }
shall publicize the availability of the Government Waste Hotline
through print and electronic media.
SECTION 2. ORS 177.180 is amended to read:
177.180. (1) The Secretary of State shall designate one person
employed by the Division of Audits of the Office of the Secretary
of State to be responsible for reports of waste, inefficiency or
abuse received through the Government Waste Hotline { + or
received by the secretary through any other method + }. The
person designated under this section shall log all reports
received { - through the Government Waste Hotline - } .
(2) Notwithstanding any other provision of law, the identity of
any person making a report { - through the Government Waste
Hotline shall remain - } { + under ORS 177.170 is
+ }confidential. A report of waste, inefficiency or abuse
Enrolled House Bill 2088 (HB 2088-INTRO) Page 1
received { - through the Government Waste Hotline - }
{ + under ORS 177.170 + }and any resulting investigation
{ - shall remain - } { + are + } confidential unless the
Secretary of State finds that waste, inefficiency or abuse has
occurred and reports these findings as provided under subsection
(4) of this section. If the Secretary of State finds that waste,
inefficiency or abuse has occurred, a report of waste,
inefficiency or abuse { - received through the Government Waste
Hotline - } and any resulting investigation { - shall
remain - } { + are + } confidential until the investigation
described in subsection (3) of this section is complete.
(3) The secretary { - of State - } shall conduct an initial
investigation of each report of waste, inefficiency or abuse made
{ - by public employees and members of the public through the
Government Waste Hotline - } { + under ORS 177.170 + }.
Following the initial investigation, the secretary shall
determine which reports shall be investigated further and
{ - shall - } assign the investigation to audit staff qualified
to conduct waste, inefficiency and abuse investigations. The
secretary { - of State - } may audit any state agency if it
appears that officers or employees of the agency { + , or persons
under contract with the agency, + } are engaging in activities
that constitute waste, inefficiency or abuse. Notwithstanding
{ - any provision of - } subsection (2) of this section:
(a) If the secretary { - of State - } determines during the
investigation that a violation of any provision of ORS chapter
244 may be occurring or may have occurred, the secretary shall
notify the Oregon Government Standards and Practices
Commission { + of the potential violation + }; and
(b) If the secretary { - of State - } determines during the
investigation that fraud or other criminal activity may be
occurring or may have occurred, the secretary shall notify the
appropriate law enforcement agency { + of the potential fraud or
other criminal activity + }.
(4) Subject to the confidentiality requirements of subsection
(2) of this section, upon completion of an investigation under
this section:
(a) The secretary { - of State - } shall { - make a
determination - } { + determine in writing + }whether officers
or employees of a state agency { + , or persons under contract
with a state agency, + } are engaging in activities that
constitute waste, inefficiency or abuse { + . The written
determination may include other information about the nature of
the investigation or the secretary's determination. + }
{ - ; - }
(b) { - The Secretary of State shall prepare a written
determination and may include other information about the nature
of the investigation performed by the Secretary of State or the
secretary's determination. - } If the secretary { - of
State - } finds that waste, inefficiency or abuse has occurred
{ - and if requested - } , { + upon request of the person who
made the report under ORS 177.170, the secretary shall provide
the person with + }a copy of the determination { - with - }
{ + and + } any other information included by the
secretary { + . + } { - of State shall be sent to the person
who made the report of waste, inefficiency or abuse; and - }
(c) If the secretary { - of State - } determines that
officers or employees of another state agency or public
body { + , or persons under contract with a state agency or
public body, + } are involved in activities that constitute
Enrolled House Bill 2088 (HB 2088-INTRO) Page 2
waste, inefficiency or abuse, the secretary { - of State - }
shall notify the state agency or public body of the determination
and deliver a copy of the secretary's findings to the agency or
body.
(5) A written { - summary - } { + determination + }
prepared by the secretary { - of State - } under this section
is a public record { - , and shall be made readily available for
public inspection - } .
(6) The secretary { - of State - } shall prepare an annual
report and submit it to each regular session of the Legislative
Assembly and to appropriate interim committees of the Legislative
Assembly. The report shall describe the number, nature and
resolution of reports made { - through the Government Waste
Hotline - } { + under ORS 177.170 + } and shall identify
savings resulting from improved efficiencies or the elimination
of waste or abuse resulting from reports received and
investigations conducted under this section and ORS 177.170. The
report shall also list the number and nature of any positive
reports received relating to state agencies, state employees or
persons under contract with state agencies.
SECTION 3. { + The amendments to ORS 177.170 and 177.180 by
sections 1 and 2 of this 2007 Act apply to reports of waste,
inefficiency or abuse received by the Secretary of State on or
after the effective date of this 2007 Act. + }
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Passed by House February 13, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate April 24, 2007
...........................................................
President of Senate
Enrolled House Bill 2088 (HB 2088-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2088 (HB 2088-INTRO) Page 4