74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 2595
 
Sponsored by COMMITTEE ON ELECTIONS, ETHICS AND RULES (at the
  request of Oregon Law Commission)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to government ethics; creating new provisions; amending
  ORS 162.005, 171.745, 171.750, 171.772, 171.778, 244.010,
  244.020, 244.050, 244.055, 244.090, 244.100, 244.110, 244.115,
  244.130, 244.160, 244.195, 244.250, 244.260, 244.270, 244.280,
  244.290, 244.300, 244.310, 244.320, 244.340, 244.345, 244.350,
  244.360, 244.370, 244.380, 244.390, 244.400, 293.708 and
  469.810; repealing ORS 244.030, 244.080, 244.180, 244.190 and
  244.201; and declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
 
                               { +
COMMISSION STRUCTURE + }
 
  SECTION 1. ORS 244.250 is amended to read:
  244.250. (1) The Oregon Government   { - Standards and
Practices - }  { + Ethics + } Commission is established,
consisting of seven members { + . The appointment of a member of
the commission is subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. Members shall be + }
appointed in the following manner
  { - to be confirmed by the Senate - } :
  (a)   { - Four members appointed by - }  The Governor
 { + shall appoint four members + } from among persons
recommended, one each by the leadership of the Democratic and
Republican parties in each house of the Legislative Assembly. If
a person recommended by the leadership of the Democratic or
Republican party is not approved by the Governor,  { + the
leadership shall recommend  + }another person
  { - shall be recommended - } .
  (b)   { - Three members appointed by - }  The Governor
 { + shall appoint three members + } without leadership
recommendation  { - , - }  { + . + } No more than two   { - of
whom shall be from - }   { + members appointed under this
paragraph may be members of + } the same major political party.
  (2)   { - No - }   { + A + } person who holds any public office
listed in ORS 244.050 (1) except as a member of the commission
 { - shall - }   { + may not + } be appointed to the commission.
No more than four members   { - shall - }  { + may + } be members
of the same political party.
  (3) The term of office  { + of a member + } is four years.
 { - No - }   { + A + } member   { - shall be - }   { + is not
 
 
Enrolled House Bill 2595 (HB 2595-B)                       Page 1
 
 
 
 + }eligible to be appointed to more than one full term but may
serve out an unexpired term.   { - However, those members first
appointed to the commission serving less than a three-year term
are eligible for a second appointment for a full term. - }
Vacancies shall be filled by the appointing authority for the
unexpired term.
  (4) The commission shall elect a chairperson and vice
chairperson for such terms and duties as the commission may
require.
  (5) A quorum consists of four members but   { - no - }
 { + a + } final decision may  { + not + } be made without an
affirmative vote of   { - the - }   { + a + } majority of the
members appointed to the commission.
  (6) Members shall be entitled to compensation and expenses as
provided in ORS 292.495.
  (7) The commission may retain or appoint qualified legal
counsel who   { - shall - }   { + must + } be a member of the
Oregon State Bar and who   { - shall be - }   { + is + }
responsible to the commission. The appointment of legal counsel
under this subsection   { - shall - }   { + may + } be made only
when the commission finds it is inappropriate and contrary to the
public interest for the office of the Attorney General to
represent concurrently more than one public official or agency in
any matter before the commission because   { - such - }
 { + the + } representation { + :
  (a) + } Would create or tend to create a conflict of
interest { + ; + } and
   { +  (b) + } Is not subject to ORS 180.230 or 180.235.
  (8) The Attorney General   { - shall - }   { + may + } not
represent before the commission any state public official who is
the subject of any complaint or action of the commission at the
commission's own instigation.
 
                               { +
CONSIDERATION OF OTHER SANCTIONS + }
 
  SECTION 2. ORS 244.390 is amended to read:
  244.390.  { + (1) + }   { - The penalties and sanctions imposed
by this chapter are - }   { + A penalty or sanction imposed
issued by the Oregon Government Ethics Commission or a court
under this chapter is  + }in addition to and not in lieu of any
other penalty or sanction
  { - prescribed or authorized by law which applies to the
conduct of public officials - }  { +  that may be imposed
according to law + }.
   { +  (2) Before making a finding that there is cause to
undertake an investigation under ORS 244.260 and before imposing
a civil penalty under ORS 244.350 or 244.360, the commission or a
court shall consider the public interest and any other penalty or
sanction that has been or may be imposed on the public official
as a result of the same conduct that is the subject of action by
the commission or court under ORS 244.260.
  (3) Nothing in this chapter is intended to affect:
  (a) Any statute requiring disclosure of economic interest by
any public official or candidate for public office.
  (b) Any statute prohibiting or authorizing specific conduct on
the part of any public official or candidate for public
office. + }
 
 
 
 
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                               { +
RULEMAKING + }
 
  SECTION 3. ORS 244.290 is amended to read:
  244.290.  { + (1) + } The Oregon Government   { - Standards and
Practices - }  { +  Ethics + } Commission shall:
    { - (1) - }   { + (a) + } Prescribe forms for statements
required by this chapter and provide the forms to persons
required to file the statements under this chapter or
 { + pursuant to a + } resolution adopted
  { - pursuant thereto - }  { +  under ORS 244.160 + }.
    { - (2) Prepare, publish and provide a manual setting forth
recommended uniform methods of reporting for use by persons
filing statements under this chapter or resolution adopted
pursuant thereto. - }
    { - (3) - }   { + (b) + } Develop a filing, coding and
cross-indexing system consistent with the purposes of this
chapter.
    { - (4) - }   { + (c) + } Prepare and publish   { - such - }
reports   { - as - }  the commission finds  { + are + }
necessary.
   { +  (d) Make advisory opinions issued by the commission or
the executive director of the commission available to the public
at no charge on the Internet.
  (e) Accept and file any information voluntarily supplied that
exceeds the requirements of this chapter.
  (f) Make statements and other information filed with the
commission available for public inspection and copying during
regular office hours, and make copying facilities available at a
charge not to exceed actual cost. + }
    { - (5) - }   { + (2) The commission shall  + }adopt rules
necessary to carry out its duties under ORS 171.725 to 171.785
and 171.992 and this chapter, including rules to:
  (a) Create a procedure under which items before the commission
may be treated under a consent calendar and voted on as a single
item;
  (b) Exempt a public official who is otherwise required to file
a statement pursuant to ORS 244.050 from filing the statement if
the regularity, number and frequency of the meetings and actions
of the body over which the public official has jurisdiction are
so few or infrequent as not to warrant the public disclosure;
  (c) Establish an administrative process whereby a person
subpoenaed by the commission may obtain a protective order;
 { - and - }
  (d) List criteria and establish a process for the commission to
use prosecutorial discretion to decide whether to proceed with an
inquiry or investigation { + ;
  (e) Establish a procedure under which the commission shall
conduct accuracy audits of a sample of reports or statements
filed with the commission under this chapter or ORS 171.725 to
171.785;
  (f) Specify when a continuing violation is considered a single
violation or a separate and distinct violation for each day the
violation occurs; and
  (g) Set criteria for determining the amount of civil penalties
that the commission may impose + }.
   { +  (3) The commission may adopt rules that:
  (a) Limit the minimum size of, or otherwise establish criteria
for or identify, the smaller classes that qualify under the class
 
 
 
Enrolled House Bill 2595 (HB 2595-B)                       Page 3
 
 
 
exception from the definition of 'potential conflict of interest'
under ORS 244.020;
  (b) Require the disclosure and reporting of gifts or other
compensation made to or received by a public official or
candidate for public office;
  (c) Establish criteria for cases in which information relating
to notices of actual or potential conflicts of interest shall,
may not or may be provided to the commission under ORS 244.130;
or
  (d) Allow the commission to accept the filing of a statement
containing less than all of the information required under ORS
244.060 and 244.070 if the public official or candidate for
public office certifies on the statement that the information
contained on the statement previously filed is unchanged or
certifies only as to any changed material.
  (4) Not less frequently than once each calendar year, the
commission shall:
  (a) Consider adoption of rules the commission deems necessary
to implement or interpret provisions of this chapter relating to
issues the commission determines are of general interest to
public officials or candidates for public office or that are
addressed by the commission or by commission staff on a recurring
basis; and
  (b) Review rules previously adopted by the commission to
determine whether the rules have continuing applicability or
whether the rules should be amended or repealed. + }
  SECTION 4.  { + Section 5 of this 2007 Act is added to and made
a part of ORS chapter 244. + }
  SECTION 5.  { + (1) For the purpose of protecting against
violations of the provisions of this chapter, a state agency, as
defined in ORS 183.750, or a statewide association of public
bodies, as defined in ORS 174.109, may adopt rules or policies
interpreting the provisions of this chapter. The rules or
policies must be consistent with the provisions of this chapter.
A state agency or a statewide association of public bodies may
submit rules or policies adopted under this subsection to the
Oregon Government Ethics Commission for review.
  (2) Upon receiving rules or policies submitted under subsection
(1) of this section, the commission shall review the rules and
policies to determine whether the rules and policies are
consistent with the provisions of this chapter. The commission,
by a vote of a majority of the members of the commission, shall
approve or reject the rules or policies. The commission shall
notify the state agency or statewide association of public bodies
in writing of the commission's approval or rejection. A written
notice of rejection shall explain the reasons for the rejection.
  (3) Unless the applicable rule or policy is amended or repealed
by the state agency or the statewide association of public
bodies, the commission or a court may not impose a penalty under
ORS 244.350 or 244.360 on a public official for any good faith
action the official takes in compliance with a rule or policy
that was adopted by the state agency that the official serves, or
by a statewide association of which the public body that the
official serves is a member, and approved by the commission under
subsection (2) of this section. + }
  SECTION 6. ORS 244.100 is amended to read:
  244.100.   { - (1) The Oregon Government Standards and
Practices Commission by rule may require the disclosure and
reporting of gifts or other compensation made to or received by a
public official or candidate for elective office. - }
 
 
Enrolled House Bill 2595 (HB 2595-B)                       Page 4
 
 
 
    { - (2) The commission by rule may exempt from the gift
limitation contained in ORS 244.040, any gift of food or beverage
but may require that when gifts of food or beverage exceed a
dollar amount fixed by the commission, the source thereof shall
be disclosed on a form prescribed by the commission. - }
    { - (3) - }  In addition to any disclosures or reports
required under   { - subsections (1) and (2) of this section - }
 { +  this chapter or rules adopted under ORS 244.290 + }, any
person or organization that provides a public official with food,
lodging or travel expenses exceeding   { - $50 - }
 { + $100 + }, as described in ORS 244.060 (6), shall notify the
public official in writing of the amount of the expense. The
notice shall be sent to the public official within 10 days from
the date   { - such - }   { + the + } expenses are incurred.
  SECTION 7. ORS 244.110 is amended to read:
  244.110. (1)   { - Any - }   { + Each + } statement of economic
interest required to be filed   { - by - }   { + under + } ORS
244.050, 244.060, 244.070,
  { - 244.080, - }  244.090 or 244.100 { + , or by rule under ORS
244.290, and each trading statement required to be filed under
ORS 244.055 + } shall  { + be signed and certified as true by the
person required to file it and shall  + }contain   { - or be
verified by - }  a written declaration that   { - it - }
 { + the statement + } is made under the penalties of false
swearing.   { - Such declaration shall be in lieu of any oath
otherwise required. - }
  (2)   { - No person shall willfully make and subscribe any
return statement or other document which contains or is verified
by a written declaration that it is made under penalties for
false swearing, which the person does not believe to be true and
correct to every matter - }  { +  A person may not sign and
certify a statement under subsection (1) of this section if the
person knows that the statement contains information that is
false + }.
   { +  (3) Violation of subsection (2) of this section is
punishable as false swearing under ORS 162.075. + }
  SECTION 8. 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
 
 
Enrolled House Bill 2595 (HB 2595-B)                       Page 5
 
 
 
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 - }   { + Ethics + } 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
 
 
Enrolled House Bill 2595 (HB 2595-B)                       Page 6
 
 
 
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 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 9. ORS 244.130 is amended to read:
 
 
Enrolled House Bill 2595 (HB 2595-B)                       Page 7
 
 
 
  244.130. (1) When a public official gives notice of an actual
or potential conflict of interest,  { + the public body as
defined in ORS 174.109 that the public official serves shall
record + } the actual or potential conflict   { - shall be
recorded - }  in the official records of the public body  { - ,
and - }  { + . In addition, + } a notice of the actual or
potential conflict and how it was disposed of may in the
discretion of the public body be provided  { + to + } the Oregon
Government
  { - Standards and Practices - }   { + Ethics + } Commission
within a reasonable period of time.   { - The commission may by
rule establish criteria for cases in which such information
shall, shall not, or may be provided to it. - }
  (2)   { - No - }   { + A + } decision or action of any public
official or any board or commission on which the public official
serves or agency by which the public official is employed
 { - shall - }   { + may not + } be voided by any court solely by
reason of the failure of the public official to disclose an
actual or potential conflict of interest.
  SECTION 10. ORS 244.195 is amended to read:
  244.195. (1)   { - The city recorder or county clerk,
respectively, shall provide to every person newly elected or
appointed to any city or county office for which statements of
financial interest are required under ORS 244.050 information
about the requirements of ORS 244.050, 244.060, 244.070, 244.080
and 244.090 - }  { +  A person designated by a public body as
defined in ORS 174.109 shall provide information explaining the
requirements of ORS 244.050, 244.060, 244.070 and 244.090 to each
newly elected or appointed public official serving the public
body who is required to file a verified statement of economic
interest under ORS 244.050. The information must be received by
the public official  + }either at the first meeting attended by
the   { - new officer - }  { + public official + } or before the
 { - officer - }  { +  public official + } takes the oath of
office, whichever   { - is - }  { +  occurs + } first.
  (2) At the time of fulfilling duties under subsection (1) of
this section, the   { - city recorder or county clerk - }  { +
person designated by the public body + } shall provide to each
 { - new officer - }  { + newly elected or appointed public
official serving the public body + } a copy of the statements and
explanation provided to the   { - city recorder or county
clerk - }  { +  public body + } under subsection (3) of this
section.
  (3) The Oregon Government   { - Standards and Practices - }
 { +  Ethics + } Commission shall provide copies of the
statements described in ORS 244.060, 244.070  { - , 244.080 - }
and 244.090 and an explanation of the requirements of the law
relating to the statements to each   { - city recorder and county
clerk - }  { +  public body that is served by a public official
who is required to file a statement described in ORS 244.060,
244.070 or 244.090 + }.
  (4)   { - Any person described in subsection (1) of this
section - }  { + A newly elected or appointed public official
serving a public body + } who is not informed of the filing
requirements under ORS 244.050, 244.060, 244.070  { - ,
244.080 - }  and 244.090 and provided with a copy of the
statements and explanation   { - described in subsection (3)
of - }  { +  as required under + } this section before
 { + attending the first meeting or + } taking the oath of office
may resign that office within 90 days thereafter or before the
 
 
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next date specified in ORS 244.050 for the filing of a statement,
whichever is   { - longer - }  { +  later + }, without filing
 { - any statement - }  { +  a verified statement of economic
interest + } and without  { + incurring a + } sanction or penalty
that might otherwise be imposed for not filing.
  SECTION 11. ORS 244.270 is amended to read:
  244.270.  { + (1) + } If the Oregon Government   { - Standards
and Practices - }   { + Ethics + } Commission finds that an
appointed public official has violated any provision of this
chapter or any rule adopted   { - pursuant thereto - }  { +
under this chapter + }, the finding   { - shall constitute - }
 { + is + } prima facie evidence of unfitness where removal is
authorized for cause either by law or pursuant to section 6,
Article VII (Amended) of the Oregon Constitution.
   { +  (2) If the commission finds that a public official has
violated any provision of this chapter or any rule adopted under
this chapter, the commission shall notify the public body, as
defined in ORS 174.109, that the public official serves. The
notice shall describe the violation and any action taken by the
commission. The commission shall provide the notice not later
than 10 business days after the date the commission takes final
action against the public official. + }
 
                               { +
ADVISORY OPINIONS + }
 
  SECTION 12. ORS 244.280 is amended to read:
  244.280. (1) Upon the written request of   { - any public
official, candidate for public office or - }  any person, or upon
its own motion, the Oregon Government   { - Standards and
Practices - }  { +  Ethics + } Commission, under signature of the
chairperson, may issue and publish  { + written commission
advisory + } opinions on the   { - requirements - }
 { + application of any provision + } of this chapter  { - ,
based on - }   { + to any proposed transaction or action or any
 + }actual or hypothetical
  { - circumstances. - }  { +  circumstance. A commission
advisory opinion, and a decision by the commission to issue an
advisory opinion on its own motion, must be approved by a
majority of the members of the commission. Legal counsel to the
commission shall review a proposed commission advisory opinion
before the opinion is considered by the commission.
  (2) Not later than 60 days after the date the commission
receives the written request for a commission advisory opinion,
the commission shall issue either the opinion or a written denial
of the request. The written denial shall explain the reasons for
the denial. The commission may ask the person requesting the
advisory opinion to supply additional information the commission
considers necessary to render the opinion. The commission, by
vote of a majority of the members of the commission, may extend
the 60-day deadline by one period not to exceed 60 days.
  (3) Except as provided in this subsection, unless the
commission advisory opinion is revised or revoked, the commission
or a court may not impose a penalty under ORS 244.350 or 244.360
on a person for any good faith action the person takes in
reliance on an advisory opinion issued under this section. The
commission or a court may impose a penalty under ORS 244.350 or
244.360 on the person who requested the advisory opinion if the
commission or court determines that the person omitted or
misstated material facts in making the request. + }
 
 
Enrolled House Bill 2595 (HB 2595-B)                       Page 9
 
 
 
    { - (2) If any public official or business with which the
public official is associated is in doubt whether a proposed
transaction or action constitutes a violation of this chapter,
the public official or the business may request in writing a
determination from the commission. If any public official is in
doubt whether receipt of an honoraria is in violation of this
chapter because the person paying the honoraria may be found to
have a legislative or administrative interest, the public
official shall request in writing a determination from the
commission. The requester shall supply such information as the
commission requests to enable it to issue the interpretation. - }
 
    { - (3) A public official or business with which a public
official is associated shall not be liable under this chapter,
for any action or transaction carried out in accordance with an
advisory interpretation issued under subsection (2) of this
section. Such an advisory interpretation shall be considered a
formal opinion having precedential effect and shall be subject to
review by legal counsel to the commission before the
interpretation is sent to the requester. - }
  SECTION 13.  { + Sections 14 and 15 of this 2007 Act are added
to and made a part of ORS chapter 244. + }
  SECTION 14.  { + (1) Upon the written request of any person,
the executive director of the Oregon Government Ethics Commission
may issue and publish written staff advisory opinions on the
application of any provision of this chapter to any proposed
transaction or action or any actual or hypothetical circumstance.
  (2) Not later than 30 days after the date the executive
director receives the written request for a staff advisory
opinion, the executive director shall issue either the opinion or
a written denial of the request. The written denial shall explain
the reasons for the denial. The executive director may ask the
person requesting the advisory opinion to supply additional
information the executive director considers necessary to render
the opinion. The executive director may extend the 30-day
deadline by one period not to exceed 30 days. The executive
director shall clearly designate an opinion issued under this
section as a staff advisory opinion.
  (3) Except as provided in this subsection, unless the staff
advisory opinion is revised or revoked, before imposing any
penalty under ORS 244.350 or 244.360, the commission or a court
shall consider whether the action that may be subject to penalty
was taken in reliance on a staff advisory opinion issued under
this section. If a penalty may be imposed on the person who
requested the opinion, the commission or court is not required to
consider reliance on the opinion if the commission or court
determines that the person omitted or misstated material facts in
making the request.
  (4) At each regular meeting of the commission, the executive
director shall report to the commission on all staff advisory
opinions issued since the last regular meeting of the commission.
The commission on its own motion may issue a commission advisory
opinion under ORS 244.280 on the same facts or circumstances that
form the basis for any staff advisory opinion. + }
  SECTION 15.  { + (1) Upon the written or oral request of any
person, the executive director or other staff of the Oregon
Government Ethics Commission may issue written or oral staff
advice on the application of any provision of this chapter to any
proposed transaction or action or any actual or hypothetical
circumstance. Any written advice not designated as a staff
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 10
 
 
 
advisory opinion under section 14 of this 2007 Act is considered
staff advice issued under this section.
  (2) Before imposing any penalty under ORS 244.350 or 244.360,
the commission or a court may consider whether the action that
may be subject to penalty was taken in reliance on staff advice
issued under this section. + }
  SECTION 16. ORS 244.310 is amended to read:
  244.310.  { + (1) + } The Oregon Government   { - Standards and
Practices - }  { +  Ethics + } Commission shall appoint an
executive director to serve at the pleasure of the commission.
   { +  (2) + } The executive director   { - shall be - }
 { + is + } responsible for the administrative operations of the
commission and shall perform such other duties as may be
designated or assigned to the executive director from time to
time by the commission.   { - However, - }
   { +  (3) + } The commission   { - shall - }   { + may + } not
delegate the power to
  { - make regulations - }   { + adopt rules + } or issue
 { + commission + } advisory opinions to the executive director.
 { + The executive director may issue staff advisory opinions as
provided in section 14 of this 2007 Act. + }
 
                               { +
SANCTIONS + }
 
  SECTION 17. 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 - }   { + Ethics + } Commission a verified statement of
economic interest as required under this chapter:
  (a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
  (b) Any judicial officer, including justices of the peace and
municipal judges, except   { - municipal judges in those cities
where a majority of the votes cast in the subject city in the
1974 general election was in opposition to the ballot measure
provided for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except - }  any pro tem judicial officer who does
not otherwise serve as a judicial officer.
  (c) Any candidate for   { - an - }   { + a public + } 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.
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 11
 
 
 
  (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 - }   { + Ethics + } 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 - }
 { + Ethics + } Commission.
  (H) Oregon Health Policy Commission.
  (I) State Board of Higher Education.
  (J) Oregon Investment Council.
  (K) Land Conservation and Development Commission.
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 12
 
 
 
  (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 - }
 { + Treasurer + }:
  (A) Chief Deputy State Treasurer.
  (B)   { - Executive Assistant to - }   { + Chief of staff for
the office of + } 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 - }   { + or + }
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
 { +  Oregon Government Ethics + } 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) - }   { + (5) + } Subsections (1) to   { - (5) - }
 { + (4) + } of this section apply only to persons who are
incumbent, elected or appointed  { + public + } officials as of
April 15 and to persons who are candidates for  { +  public + }
office on April 15.   { - Those sections - }   { + Subsections
(1) to (4) of this section + } also apply to persons who do not
become candidates until 30 days after the filing deadline for the
statewide general election.
    { - (7)(a) - }  { +  (6) + }   { - 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
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 13
 
 
 
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, - }   { + If a statement
required to be filed under this section has not been received by
the commission within five days after the date the statement is
due, + } the commission shall notify the public official  { + or
candidate + } and give the public official  { + or candidate + }
not less than 15 days to comply with the requirements of this
section. If the public official  { + or candidate + } 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 - }  { + as
provided in ORS 244.350 + }.
    { - (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 18. ORS 244.350 is amended to read:
  244.350. (1) The Oregon Government   { - Standards and
Practices - }  { + Ethics + } Commission   { - or the court under
ORS 244.260 (8) - }  may impose civil penalties not to exceed:
  (a) Except as provided in paragraph (b) of this subsection,
  { - $1,000 - }   { + $5,000 + } for   { - violating - }
 { + violation of + } any provision of this chapter or any
resolution adopted under   { - this chapter - }  { +  ORS
244.160 + }.
  (b) $25,000 for violation of ORS 244.045.
  (2) { + (a) Except as provided in paragraph (b) of this
subsection, + } the commission may impose civil penalties not to
exceed $1,000 for   { - violating - }   { + violation of + } any
provision of ORS 192.660.   { - However, - }
   { +  (b) + } A civil penalty may not be imposed under this
subsection if the violation occurred as a result of the governing
body of the public body acting upon the advice of the public
body's counsel.
  (3) The commission may impose civil penalties not to exceed
$250 for violation of ORS 293.708.  { + A civil penalty imposed
under this subsection is in addition to and not in lieu of a
civil penalty that may be imposed under subsection (1) of this
section.
  (4)(a) The commission may impose civil penalties on a person
who fails to file the statement required under ORS 244.050. In
enforcing this subsection, the commission is not required to
follow the procedures in ORS 244.260 before finding that a
violation of ORS 244.050 has occurred.
  (b) Failure to file the required statement in timely fashion is
prima facie evidence of a violation of ORS 244.050.
  (c) The commission may impose a civil penalty of $10 for each
of the first 14 days the statement is late beyond the date set by
law, or by the commission under ORS 244.050, and $50 for each day
thereafter. The maximum penalty that may be imposed under this
subsection is $5,000.
 
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 14
 
 
 
  (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. + }
    { - (4) Any penalty imposed under this section is in addition
to and not in lieu of any other penalty or sanction that may be
imposed according to law, including removal from office. - }
  SECTION 19. ORS 244.360 is amended to read:
  244.360.   { - The Oregon Government Standards and Practices
Commission, in addition to civil penalties prescribed in ORS
244.350, may require any public official who has financially
benefited the public official or any other person by violation of
any provision of this chapter to forfeit twice the amount that
the public official or any other person realized from violating
any provision of this chapter. - }  { +  In addition to civil
penalties imposed under ORS 244.350, if a public official has
financially benefited the public official or any other person by
violating any provision of this chapter, the Oregon Government
Ethics Commission or a court may impose upon the public official
a civil penalty in an amount equal to twice the amount the public
official or other person realized as a result of the
violation. + }
  SECTION 20. ORS 244.380 is amended to read:
  244.380. (1)   { - In the event that a public official or
candidate subject to the requirements of this chapter, fails to
file a statement of economic interests required by this chapter,
or by resolution adopted pursuant thereto, the following actions
shall be taken, irrespective of other penalties which may be
imposed pursuant to this chapter if, after a hearing has been
granted the public official and a penalty is imposed under ORS
244.370, the public official continues to refuse to file a
statement of economic interests - }  { +  If the Oregon
Government Ethics Commission has imposed a civil penalty under
ORS 244.350 on a public official or candidate for failing to file
a statement of economic interest required under this chapter or a
resolution adopted under ORS 244.160 and the public official or
candidate continues to refuse to file the statement, the
following apply + }:
  (a)   { - Except as to judges, no compensation shall be paid to
a salaried public official. Upon notice to the Oregon Department
of Administrative Services or to the appropriate local authority
from the Oregon Government Standards and Practices Commission of
the failure to file the required report when due, compensation
shall be withheld and the public official shall be barred from
beginning or continuing to exercise the official duty of the
public official until such time as the public official complies
with the requirements of this chapter. - }   { + The commission
shall notify the Oregon Department of Administrative Services or
the local public body, as defined in ORS 174.109, that the public
official serves of the failure to file a statement of economic
interest. Except for judges, during the period beginning on the
date the department or public body receives notice from the
commission and ending on the date the public official files the
statement of economic interest, the department or public body may
not pay compensation to the public official and the public
official may not begin or continue to exercise the official duty
of the public official. + } In the case of a public official who
 { - receives no - }   { + does not receive + } compensation, the
public official   { - shall be barred from beginning or
continuing the - }   { + may not begin or continue to + }
exercise   { - of - }  the official duty of the public official
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 15
 
 
 
until   { - such time as a statement is filed as required under
this chapter - }  { +  the public official files the statement of
economic interest + }.
  (b)   { - Upon notice from the commission to the - }   { + In
the case of a candidate for public office, the commission shall
notify the appropriate  + }chief elections officer of the
 { + candidate's + } failure to file the statement required by
this chapter  { - , - }  { + . + } The chief elections officer
shall:
  (A) If the notice is received on or before the 61st day before
the date of the election, cause the name of the candidate
  { - for public office - }  to be removed from the ballot on
which the name of the candidate would otherwise appear; or
  (B) If the candidate has been nominated or elected, refuse to
issue a certificate of nomination or election.
  (2) If the name of a candidate for public office is removed
from the ballot as provided in subsection (1) of this section,
the name shall be removed in accordance with ORS 254.165.
   { +  (3) As used in this section, 'chief elections officer'
has the meaning given that term in ORS 254.005. + }
  SECTION 21. ORS 293.708 is amended to read:
  293.708. (1) As used in this section:
  (a) 'Business' has the meaning given that term in ORS 244.020.
  (b) 'Business with which the person is associated' has the
meaning given that term in ORS 244.020.
  (c) 'Relative' has the meaning given that term in ORS 244.020.
  (2) When a  { + person who is a + } member of the Oregon
Investment Council becomes aware that action on a matter pending
before the council might lead to private pecuniary benefit or
detriment to the person, to a relative of the person or to a
business with which the person or a relative of the person is
associated, the member shall notify in writing the State
Treasurer or the Chief Deputy State Treasurer that any action,
decision or recommendation by the member might constitute an
actual or potential conflict of interest. The member shall
provide the notice not later than three business days after the
member becomes aware of the possibility of an actual or potential
conflict.
  (3) Subsection (2) of this section does not apply if the
pecuniary benefit or detriment arises out of circumstances
described in ORS 244.020 (14)(a) to (c).
   { +  (4) Complaints of violations of this section may be made
to the Oregon Government Ethics Commission for review and
investigation as provided by ORS 244.260 and for possible
imposition of civil penalties as provided by ORS 244.350 or
244.360. + }
    { - (4) - }   { + (5) + } Nothing in this section excuses a
member of the council from compliance with ORS 244.120.
  SECTION 22. ORS 162.005 is amended to read:
  162.005. As used in ORS 162.005 to 162.425   { - and
162.465 - } , unless the context requires otherwise:
  (1) 'Pecuniary benefit' means gain or advantage to the
beneficiary or to a third person pursuant to the desire or
consent of the beneficiary, in the form of money, property,
commercial interests or economic gain, but does not include a
political campaign contribution reported in accordance with ORS
chapter 260.
  (2) 'Public servant'   { - includes - }  { +  means + }:
  (a)   { - A public officer or employee of the state or of any
political subdivision thereof or of any governmental
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 16
 
 
 
instrumentality within the state - }  { +  A public official as
defined in ORS 244.020 + };
  (b) A person serving as an advisor, consultant or assistant at
the request or direction of the state, any political subdivision
thereof or of any governmental instrumentality within the state;
  (c) A person nominated, elected or appointed to become a public
servant, although not yet occupying the position; and
  (d) Jurors.
 
                               { +
COMMISSION ADJUDICATION PROCESSES + }
 
  SECTION 23. ORS 244.260 is amended to read:
  244.260.   { - (1)(a) Upon its own instigation or signed
complaint of any person, the Oregon Government Standards and
Practices Commission may undertake action in the Preliminary
Review Phase with respect to the contents of any statements filed
under this chapter or resolution adopted pursuant thereto or any
alleged violation of any provision of this chapter. - }
    { - (b) The public official who is the subject of a complaint
or of the commission's own action shall be notified immediately
upon receipt of the complaint or upon adoption of a motion by the
commission to undertake any action concerning the public
official.  The notice shall be given by telephone if the official
can be reached and shall also be in writing mailed to the
official. The notice shall include the nature of the complaint or
motion and a copy of all materials submitted along with the
complaint or materials which give rise to the commission's
instigation of action on its own motion. However, the official
must also be notified in advance if an issue that may give rise
to a motion to undertake action on the commission's own
instigation is to be discussed at a commission meeting. - }
    { - (c) Before investigating any complaint or undertaking any
investigation at the commission's own instigation, if the public
official who is the subject of the complaint or of the
commission's own action is a member of the Legislative Assembly,
the commission shall determine whether the alleged violation of
any provision of this chapter involves conduct protected by
section 9, Article IV of the Oregon Constitution. If the
commission determines that the conduct is protected by section 9,
Article IV of the Oregon Constitution, the commission shall
dismiss the complaint or rescind its motion as provided in
paragraph (e) of this subsection. - }
    { - (d) If the complaint has not been dismissed or the motion
of the commission has not been rescinded as described in
paragraph (c) of this subsection, before investigating any
complaint or undertaking an investigation on the commission's own
instigation, the commission shall make a finding that there is
cause to undertake an investigation, notify the public official
who is the subject of the investigation, identify the issues to
be examined and shall confine its investigation to those issues.
If the commission finds reason to expand its investigation, it
shall move to do so and shall record in its minutes the issues to
be examined before expanding the scope of its investigation and
formally notify the complainant and the public official who is
the subject of the complaint of the expansion and the scope
thereof. - }
    { - (e) If the commission does not make a finding of cause,
or if the commission determines that the alleged violation of
this chapter involves conduct protected by section 9, Article IV
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 17
 
 
 
of the Oregon Constitution, the commission shall dismiss the
complaint or rescind its motion and shall formally enter the
dismissal or rescission on its records. The commission shall
notify the public official of the dismissal or rescission. After
dismissal or rescission, the commission shall take no further
action involving the public official unless a new and different
complaint is filed or action at its own instigation is undertaken
based on different conduct. - }
    { - (2) The commission may: - }
    { - (a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths and take depositions
necessary to determine whether there is cause or if the alleged
violation is protected by section 9, Article IV of the Oregon
Constitution; and - }
    { - (b) During the Investigatory Phase, require any
additional information, administer oaths, take depositions and
issue subpoenas to compel attendance of witnesses and the
production of books, papers, records, memoranda or other
information necessary to complete the investigation. If any
person fails to comply with any subpoena issued under this
section or refuses to testify on any matters on which the person
may be lawfully interrogated, the procedure provided in ORS
183.440 shall be followed to compel compliance. - }
    { - (3) The person conducting any inquiry or investigation
shall do so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission. - }
    { - (4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the public official who is the subject thereof, to the
appointing authority, if any, and to the Attorney General for
state public officials and to the appropriate district attorney
for local public officials. The findings shall be made available
to the Commission on Judicial Fitness and Disability in any
investigation involving a judge. - }
    { - (5) Hearings relating to any charge of alleged violation
of this chapter must be held before an administrative law judge
assigned from the Office of Administrative Hearings established
under ORS 183.605. The procedure shall be that for a contested
case under ORS chapter 183. - }
   { +  (1)(a) Any person may file with the Oregon Government
Ethics Commission a signed written complaint alleging that there
has been a violation of any provision of this chapter or of any
rule adopted by the commission under this chapter. The complaint
shall state the person's reason for believing that a violation
occurred and include any evidence relating to the alleged
violation.
  (b) If at any time the commission has reason to believe that
there has been a violation of a provision of this chapter or of a
rule adopted by the commission under this chapter, the commission
may proceed under this section on its own motion as if the
commission had received a complaint.
  (2)(a) Not later than two business days after receiving a
complaint under this section, the commission shall notify the
person who is the subject of the complaint.
  (b) Before approving a motion to proceed under this section
without a complaint, the commission shall provide notice to the
person believed to have committed the violation of the time and
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 18
 
 
 
place of the meeting at which the motion will be discussed. If
the commission decides to proceed on its own motion, the
commission shall give notice to the person not later than two
business days after the motion is approved.
  (c) The commission shall give notice of the complaint or motion
under paragraph (a) or (b) of this subsection by mail and by
telephone if the person can be reached by telephone. The notice
must describe the nature of the alleged violation. The mailed
notice must include copies of all materials submitted with a
complaint. If the commission will consider a motion to proceed
without a complaint, the notice must provide copies of all
materials that the commission will consider at the hearing on the
motion.
  (3) After receiving a complaint or deciding to proceed on its
own motion, the commission shall undertake action in the
Preliminary Review Phase to determine whether there is cause to
undertake an investigation. If the person who is the subject of
the action is a member of the Legislative Assembly, the
commission shall determine whether the alleged violation involves
conduct protected by section 9, Article IV of the Oregon
Constitution. + }
    { - (6)(a) - }   { + (4)(a) + }   { - The period of time from
the filing of a complaint or from acting on the commission's own
instigation to the finding of cause or dismissal of the complaint
or rescission of the motion shall be termed the Preliminary
Review Phase and shall not exceed 90 days unless - }   { + The
Preliminary Review Phase begins on the date the complaint is
filed or the date the commission decides to proceed on its own
motion and ends on the date the commission determines there is
cause to undertake an investigation, dismisses the complaint or
rescinds its own motion. The Preliminary Review Phase may not
exceed 135 days unless:
  (A) + } A delay is stipulated to by both the   { - public
official - }  { + person who is the subject of action under this
section + } and the
  { - Oregon Government Standards and Practices - }  commission
with the commission reserving a portion of the delay period to
complete its actions  { - . - }  { + ; or
  (B) A complaint is filed under this section with respect to a
person who is a candidate for elective public office, the
complaint is filed within 61 days before the date of an election
at which the person is a candidate for nomination or election and
a delay is requested in writing by the candidate. If the
candidate makes a request under this subparagraph, the
Preliminary Review Phase must be completed not later than 135
days after the date of the first meeting of the commission that
is held after the date of the election.
  (b) During the Preliminary Review Phase, the commission may
seek, solicit or otherwise obtain any books, papers, records,
memoranda or other additional information, administer oaths and
take depositions necessary to determine whether there is cause to
undertake an investigation or whether the alleged violation
involves conduct protected by section 9, Article IV of the Oregon
Constitution. + }
    { - (b) - }   { + (c) + } The Preliminary Review Phase
 { - shall be - }   { + is + } confidential. Commission members
and staff may acknowledge receipt of a complaint but   { - shall
make no - }   { + may not make any + } public comment or publicly
disclose any materials relating to a case during the Preliminary
Review Phase. A person who intentionally violates this paragraph
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 19
 
 
 
is subject to a civil penalty in an amount not to exceed $1,000.
Any person aggrieved as a result of a violation of this paragraph
by a member of the commission or its staff may file a petition in
a court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
    { - (c) - }   { + (d) + }   { - The commission's
deliberations of a case at the conclusion of the Preliminary
Review Phase shall be conducted - }   { + At the conclusion of
the Preliminary Review Phase, the commission shall conduct its
deliberations + } in executive session. All case related
materials and proceedings shall be open to the public after the
commission makes a finding of cause { +  to undertake an
investigation + }, dismisses a complaint or rescinds a motion.
Prior to the end of the Preliminary Review Phase, the executive
director of the commission shall prepare a statement of the facts
determined during the phase, including appropriate legal
citations and relevant authorities. Before presentation to the
commission, the executive director's statement shall be reviewed
by legal counsel to the commission.
    { - (d) - }   { + (e) + } The time limit imposed in this
subsection and the commission's inquiry are suspended if:
  (A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
  (B) A court has enjoined the commission from continuing its
inquiry.
   { +  (5)(a) If the commission determines that there is not
cause to undertake an investigation or that the alleged violation
of this chapter involves conduct protected by section 9, Article
IV of the Oregon Constitution, the commission shall dismiss the
complaint or rescind its motion and formally enter the dismissal
or rescission in its records. The commission shall notify the
person who is the subject of action under this section of the
dismissal or rescission. After dismissal or rescission, the
commission may not take further action involving the person
unless a new and different complaint is filed or action on the
commission's own motion is undertaken based on different conduct.
  (b) If the commission makes a finding of cause to undertake an
investigation, the commission shall undertake action in the
Investigatory Phase. The commission shall notify the person who
is the subject of the investigation, identify the issues to be
examined and confine the investigation to those issues. If the
commission finds reason to expand the investigation, the
commission shall move to do so, record in its minutes the issues
to be examined before expanding the scope of its investigation
and formally notify the complainant, if any, and the person who
is the subject of the investigation of the expansion and the
scope of the investigation. + }
    { - (7)(a) - }   { + (6)(a) + }   { - The period of time from
the finding of cause to the beginning of any contested case
proceedings shall be termed the Investigatory Phase and shall - }
 { + The Investigatory Phase begins on the date the commission
makes a finding of cause to undertake an investigation and ends
on the date the commission dismisses the complaint, rescinds its
own motion, issues a settlement order, moves to commence a
contested case proceeding or takes other action justified by the
findings. The Investigatory Phase may + } not exceed
 
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 20
 
 
 
 { - 120 - }   { + 180 + } days unless a delay is stipulated to
by both the
  { - public official - }  { +  person who is the subject of
action under this section + } and the   { - Oregon Government
Standards and Practices - } commission with the commission
reserving a portion of the delay period to complete its actions.
   { +  (b) During the Investigatory Phase, the commission may
seek any additional information, administer oaths, take
depositions and issue subpoenas to compel attendance of witnesses
and the production of books, papers, records, memoranda or other
information necessary to complete the investigation. If any
person fails to comply with any subpoena issued under this
paragraph or refuses to testify on any matters on which the
person may be lawfully interrogated, the commission shall follow
the procedure described in ORS 183.440 to compel compliance. + }
    { - (b) - }   { + (c) + } The time limit imposed in this
subsection and the commission's investigation are suspended if:
  (A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
  (B) A court has enjoined the commission from continuing its
investigation.
    { - (c) - }   { + (d) + } At the end of the Investigatory
Phase, the commission shall take action by order  { - , which - }
 { + . The + } action may include:
  (A) Dismissal, with or without comment;
  (B) Continuation of the investigation   { - to determine
further facts, but no more than one continuation, not to exceed
30 days' duration, shall be taken - }   { + for a period not to
exceed 30 days for the purpose of additional fact-finding + };
  (C) Moving to a contested case proceeding;
    { - (D) Seeking a negotiated settlement; or - }
   { +  (D) Entering into a negotiated settlement; or + }
  (E) Taking other appropriate action if justified by the
findings.
   { +  (e) The commission may move to a contested case
proceeding if the commission determines that the information
presented to the commission is sufficient to make a preliminary
finding of a violation of any provision of this chapter or of any
rule adopted by the commission under this chapter. + }
    { - (8) If, at the end of the Investigatory Phase, the
commission takes action by order to move to a contested case
proceeding, a public official may notify the commission that the
official elects to have the commission file a lawsuit against the
official in the Marion County Circuit Court in lieu of the
contested case proceeding. The public official shall notify the
commission of the election in writing no later than 21 days after
receiving notification of the commission's action by order to
move to the contested case proceeding. The commission shall file
suit within 30 days after receiving notice that the public
official has elected the lawsuit procedure. - }
   { +  (7) A person conducting any inquiry or investigation
under this section shall:
  (a) Conduct the inquiry or investigation in an impartial and
objective manner; and
  (b) Provide to the commission all favorable and unfavorable
information the person collects.
  (8) The commission shall report the findings of any inquiry or
investigation in an impartial manner. The commission shall report
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 21
 
 
 
both favorable and unfavorable findings and shall make the
findings available to:
  (a) The person who is the subject of the inquiry or
investigation;
  (b) The appointing authority, if any;
  (c) The Attorney General, if the findings relate to a state
public official;
  (d) The appropriate district attorney, if the findings relate
to a local public official; and
  (e) The Commission on Judicial Fitness and Disability, if the
findings relate to a judge.
  (9) Hearings conducted under this chapter must be held before
an administrative law judge assigned from the Office of
Administrative Hearings established under ORS 183.605. The
procedure shall be that for a contested case under ORS chapter
183. + }
    { - (9) - }   { + (10) + } The  { + Oregon Government Ethics
 + }Commission   { - shall - }  { + may + } not inquire into or
investigate any   { - complaint or act at its own instigation on
alleged - }  conduct that occurred more than four years before
 { - the - }  { +  a + } complaint is filed or   { - action is
undertaken - }  { +  a motion is approved under subsection (1) of
this section + }.
    { - (10) - }   { + (11) + }   { - Nothing in this section is
intended to - }  { +  This section does not + } prevent the
commission and the   { - public official or other - }  person
alleged to have violated  { + any provision of + } this chapter
 { + or any rule adopted by the commission under this chapter + }
from stipulating to a finding of fact concerning the violation
and consenting to an appropriate penalty. The commission shall
enter an order   { - accordingly - }  { +  based on the
stipulation and consent + }.
   { +  (12) At any time during proceedings conducted under this
section, the commission may enter into a negotiated settlement
with the person who is the subject of action under this
section. + }
    { - (11) - }   { + (13) + } As used in this section:
  (a) 'Cause' means that there is a substantial, objective basis
for believing that an offense or violation may have been
committed and the person who is the subject of an inquiry may
have committed the offense or violation.
  (b) 'Pending' means that a prosecuting attorney is either
actively investigating the factual basis of the alleged criminal
conduct, is preparing to seek or is seeking an accusatory
instrument, has obtained an accusatory instrument and is
proceeding to trial or is in trial or in the process of
negotiating a plea.
  SECTION 24. ORS 171.778 is amended to read:
  171.778.   { - (1) Upon its own instigation or signed complaint
of any person, the Oregon Government Standards and Practices
Commission may undertake action in the Preliminary Review Phase
with respect to any alleged violation of ORS 171.725 to 171.785.
The person who is the subject of a complaint or of the
commission's own action shall be notified immediately upon
receipt of the complaint or upon adoption of a motion by the
commission to undertake any action concerning the person. The
notice shall be given by telephone if the person can be reached
and a notice shall also be mailed to the person. The notice shall
include the nature of the complaint or motion and a copy of all
materials submitted along with the complaint or materials which
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 22
 
 
 
give rise to the commission's instigation of action on its own
motion. However, the person must also be notified in advance if
an issue that may give rise to a motion to undertake action on
the commission's own instigation is to be discussed at a
commission meeting. Before investigating any complaint or
undertaking an investigation on its own instigation, the
commission shall make a finding that there is cause to undertake
an investigation, notify the person who is the subject of the
investigation, identify the issues to be examined and shall
confine its investigation to those issues. If the commission
finds reason to expand its investigation, it shall move to do so
and shall record in its minutes the issues to be examined before
expanding the scope of its investigation and formally notify the
complainant and the person who is the subject of the complaint of
the expansion and the scope thereof. If the commission does not
make a finding of cause, it shall dismiss the complaint or
rescind its motion and shall formally enter the dismissal or
rescission on its records. The commission shall notify the person
of the dismissal or rescission. After dismissal or rescission,
the commission shall take no further action involving the person
unless a new and different complaint is filed or action at its
own instigation is undertaken based on different conduct. - }
    { - (2) The commission may: - }
    { - (a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths, and take depositions
necessary to determine whether there is cause; and - }
    { - (b) During the Investigatory Phase, require any
additional information, administer oaths, take depositions and
issue subpoenas to compel attendance of witnesses and the
production of books, papers, records, memoranda or other
information necessary to complete the investigation. If any
person fails to comply with any subpoena issued under this
section or refuses to testify on any matters on which the person
may be lawfully interrogated, the procedure provided in ORS
183.440 shall be followed to compel compliance. - }
    { - (3) The person conducting any inquiry or investigation
shall do so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission. - }
    { - (4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the person who is the subject thereof and to any employer of
the person. - }
    { - (5) Hearings relating to any charge of alleged violation
of ORS 171.725 to 171.785 must be held before an administrative
law judge assigned from the Office of Administrative Hearings
established under ORS 183.605. The procedure shall be that for a
contested case under ORS chapter 183. - }
   { +  (1)(a) Any person may file with the Oregon Government
Ethics Commission a signed written complaint alleging that there
has been a violation of any provision of ORS 171.725 to 171.785
or of any rule adopted by the commission under ORS 171.725 to
171.785. The complaint shall state the person's reason for
believing that a violation occurred and include any evidence
relating to the alleged violation.
  (b) If at any time the commission has reason to believe that
there has been a violation of a provision of ORS 171.725 to
171.785 or of a rule adopted by the commission under ORS 171.725
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 23
 
 
 
to 171.785, the commission may proceed under this section on its
own motion as if the commission had received a complaint.
  (2)(a) Not later than two business days after receiving a
complaint under this section, the commission shall notify the
person who is the subject of the complaint.
  (b) Before approving a motion to proceed under this section
without a complaint, the commission shall provide notice to the
person believed to have committed the violation of the time and
place of the meeting at which the motion will be discussed. If
the commission decides to proceed on its own motion, the
commission shall give notice to the person not later than two
business days after the motion is approved.
  (c) The commission shall give notice of the complaint or motion
under paragraph (a) or (b) of this subsection by mail and by
telephone if the person can be reached by telephone. The notice
must describe the nature of the alleged violation. The mailed
notice must include copies of all materials submitted with a
complaint. If the commission will consider a motion to proceed
without a complaint, the notice must provide copies of all
materials that the commission will consider at the hearing on the
motion.
  (3) After receiving a complaint or deciding to proceed on its
own motion, the commission shall undertake action in the
Preliminary Review Phase to determine whether there is cause to
undertake an investigation. + }
    { - (6)(a) - }   { + (4)(a) + }   { - The period of time from
the filing of a complaint or from acting on the commission's own
instigation to the finding of cause or dismissal of the complaint
or rescission of the motion shall be termed the Preliminary
Review Phase and shall not exceed 90 days - }   { + The
Preliminary Review Phase begins on the date the complaint is
filed or the date the commission decides to proceed on its own
motion and ends on the date the commission determines there is
cause to undertake an investigation, dismisses the complaint or
rescinds its own motion. The Preliminary Review Phase may not
exceed 135 days + } unless a delay is stipulated to by both the
subject person and the   { - Oregon Government Standards and
Practices - }  commission, with the commission reserving a
portion of the delay period to complete its actions.
   { +  (b) During the Preliminary Review Phase, the commission
may seek, solicit or otherwise obtain any books, papers, records,
memoranda or other additional information, administer oaths and
take depositions necessary to determine whether there is cause to
undertake an investigation. + }
    { - (b) - }   { + (c) + } The Preliminary Review Phase
 { - shall be - }   { + is + } confidential. Commission members
and staff may acknowledge receipt of a complaint but   { - shall
make no - }   { + may not make any + } public comment or publicly
disclose any materials relating to a case during the Preliminary
Review Phase. A person who intentionally violates this paragraph
is subject to a civil penalty in an amount not to exceed $1,000.
Any person aggrieved as a result of a violation of this paragraph
by a member of the commission or its staff may file a petition in
a court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
    { - (c) - }   { + (d) + }   { - The commission's
deliberations of a case at the conclusion of the Preliminary
Review Phase shall be conducted - }   { + At the conclusion of
the Preliminary Review Phase, the commission shall conduct its
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 24
 
 
 
deliberations + } in executive session. All case related
materials and proceedings shall be open to the public after the
commission makes a finding of cause  { + to undertake an
investigation + }, dismisses a complaint or rescinds a motion.
Prior to the end of the Preliminary Review Phase, the executive
director of the commission shall prepare a statement of the facts
determined during the phase, including appropriate legal
citations and relevant authorities. Before presentation to the
commission, the executive director's statement shall be reviewed
by legal counsel to the commission.
    { - (d) - }   { + (e) + } The time limit imposed in this
subsection and the commission's inquiry are suspended if:
  (A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
  (B) A court has enjoined the commission from continuing its
inquiry.
   { +  (5)(a) If the commission determines that there is not
cause to undertake an investigation, the commission shall dismiss
the complaint or rescind its motion and formally enter the
dismissal or rescission in its records. The commission shall
notify the person who is the subject of the inquiry of the
dismissal or rescission. After dismissal or rescission, the
commission may not take further action involving the person
unless a new and different complaint is filed or action on the
commission's own motion is undertaken based on different conduct.
  (b) If the commission makes a finding of cause to undertake an
investigation, the commission shall undertake action in the
Investigatory Phase. The commission shall notify the person who
is the subject of the investigation, identify the issues to be
examined and confine the investigation to those issues. If the
commission finds reason to expand the investigation, the
commission shall move to do so, record in its minutes the issues
to be examined before expanding the scope of its investigation
and formally notify the complainant, if any, and the person who
is the subject of the investigation of the expansion and the
scope of the investigation. + }
    { - (7)(a) - }   { + (6)(a) + }   { - The period of time from
the finding of cause to the beginning of any contested case
proceedings shall be termed the Investigatory Phase and shall - }
 { + The Investigatory Phase begins on the date the commission
makes a finding of cause to undertake an investigation and ends
on the date the commission dismisses the complaint, rescinds its
own motion, issues a settlement order, moves to commence a
contested case proceeding or takes other action justified by the
findings. The Investigatory Phase may + } not exceed
 { - 120 - }   { + 180 + } days unless a delay is stipulated to
by both the subject person and the   { - Oregon Government
Standards and Practices - } commission, with the commission
reserving a portion of the delay period to complete its actions.
   { +  (b) During the Investigatory Phase, the commission may
seek any additional information, administer oaths, take
depositions and issue subpoenas to compel attendance of witnesses
and the production of books, papers, records, memoranda or other
information necessary to complete the investigation. If any
person fails to comply with any subpoena issued under this
paragraph or refuses to testify on any matters on which the
person may be lawfully interrogated, the commission shall follow
the procedure described in ORS 183.440 to compel compliance. + }
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 25
 
 
 
    { - (b) - }   { + (c) + } The time limit imposed in this
subsection and the commission's investigation are suspended if:
  (A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
  (B) A court has enjoined the commission from continuing its
investigation.
    { - (c) - }   { + (d) + } At the end of the Investigatory
Phase, the commission shall take action by order  { - , which - }
 { + . The + } action may include:
  (A) Dismissal, with or without comment;
  (B) Continuation of the investigation   { - to determine
further facts, but no more than one continuation, not to exceed
30 days' duration, shall be taken - }   { + for a period not to
exceed 30 days for the purpose of additional fact-finding + };
  (C) Moving to a contested case proceeding;
    { - (D) Seeking a negotiated settlement; or - }
   { +  (D) Entering into a negotiated settlement; or + }
  (E) Taking other appropriate action if justified by the
findings.
   { +  (e) The commission may move to a contested case
proceeding if the commission determines that the information
presented to the commission is sufficient to make a preliminary
finding of a violation of any provision of ORS 171.725 to 171.785
or of any rule adopted by the commission under ORS 171.725 to
171.785. + }
    { - (8) If, at the end of the Investigatory Phase, the
commission takes action by order to move to a contested case
proceeding, a person may notify the commission that the person
elects to have the commission file a lawsuit against the person
in the Marion County Circuit Court in lieu of the contested case
proceeding. The court may impose the penalty described in ORS
171.992. The person shall notify the commission of the election
in writing no later than 21 days after receiving notification of
the commission's action by order to move to the contested case
proceeding. The commission shall file suit within 30 days after
receiving notice that the person has elected the lawsuit
procedure. - }
   { +  (7) A person conducting any inquiry or investigation
under this section shall:
  (a) Conduct the inquiry or investigation in an impartial and
objective manner; and
  (b) Provide to the commission all favorable and unfavorable
information the person collects.
  (8) The commission shall report the findings of any inquiry or
investigation in an impartial manner. The commission shall report
both favorable and unfavorable findings and shall make the
findings available to:
  (a) The person who is the subject of the inquiry or
investigation; and
  (b) Any employer of the person.
  (9) Hearings conducted under ORS 171.725 to 171.785 must be
held before an administrative law judge assigned from the Office
of Administrative Hearings established under ORS 183.605. The
procedure shall be that for a contested case under ORS chapter
183. + }
    { - (9) - }   { + (10) + } The commission   { - shall - }
 { + may + } not inquire into or investigate any   { - complaint
or act at its own instigation on alleged - }  conduct that
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 26
 
 
 
occurred more than four years before   { - the - }   { + a + }
complaint is filed or   { - action is undertaken - }   { + a
motion is approved under subsection (1) of this section + }.
    { - (10) - }   { + (11) + }   { - Nothing in this section is
intended to - }   { + This section does not + } prevent the
commission and the person alleged to have violated  { + any
provision of + } ORS 171.725 to 171.785  { + or any rule adopted
by the commission under ORS 171.725 to 171.785 + } from
stipulating to a finding of fact concerning the violation and
consenting to an appropriate penalty. The commission shall enter
an order   { - accordingly - }   { + based on the stipulation and
consent + }.
   { +  (12) At any time during proceedings conducted under this
section, the commission may enter into a negotiated settlement
with the person who is the subject of action under this
section. + }
    { - (11) - }   { + (13) + } As used in this section, 'cause'
and ' pending' have the meanings given those terms in ORS
244.260.
  SECTION 25. ORS 244.370 is amended to read:
  244.370. (1) Any civil penalty under ORS 244.350 or 244.360
shall be imposed in the manner prescribed by ORS 183.745.
  (2) Notwithstanding ORS 183.745, a hearing   { - shall be - }
 { +  is + } required in all cases prior to imposition of
 { + a + } penalty unless the public official  { + or
candidate + } waives the hearing. The public official  { + or
candidate + } to whom the notice is addressed   { - shall
have - }  { + has + } 10 days from the date of service of the
notice in which to waive a hearing before the Oregon Government
 { - Standards and Practices - }   { + Ethics + } Commission and
the public official  { + or candidate + } shall be so notified.
  (3) All penalties recovered under ORS 244.350 and 244.360 shall
be paid into the State Treasury and credited to the General Fund.
  SECTION 26. ORS 244.400 is amended to read:
  244.400. (1) A   { - public official or person described in ORS
171.778 - }   { + person + } who prevails following a contested
case hearing under this chapter  { + or ORS 171.778 + }   { - or
a lawsuit under ORS 244.260 - } shall be awarded reasonable
attorney fees at the conclusion of the contested case or on
appeal.
  (2) Upon prevailing following   { - the conclusion of - }  a
contested case  { + hearing + } or lawsuit, the   { - public
official or - }  person may petition the   { - Circuit Court
for - }  Marion County  { + Circuit Court + } for the purpose of
determining the award of reasonable attorney fees.  The Oregon
Government   { - Standards and Practices - }   { + Ethics + }
Commission shall be named as a respondent in the petition. The
petitioner and respondent shall follow the procedure provided in
ORCP 68 for the determination of reasonable attorney fees. The
court shall give precedence on its docket to petitions filed
under this subsection as the circumstances may require.
  (3)   { - The Court of Appeals - }   { + An appellate court + }
shall award reasonable attorney fees to the   { - public official
or - }  person if the
  { - public official - }   { + person + } prevails on appeal
from any   { - decisions - }  { + decision + } of the commission
 { - or of the Marion County Circuit Court - } .
  (4) Attorney fees to be awarded under this section shall be
only those fees incurred by the   { - public official or - }
person from the time the commission notifies the   { - public
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 27
 
 
 
official or - }  person that it has entered an order to move to a
contested case proceeding.
  (5) Any attorney fees awarded to the   { - public official - }
 { + person + } pursuant to this section shall be paid  { + by
the commission from moneys appropriated or allocated to the
commission  + }from the General Fund.
 
                               { +
NEPOTISM + }
 
  SECTION 26a.  { + Sections 26b to 26d of this 2007 Act are
added to and made a part of ORS chapter 244. + }
  SECTION 26b.  { + As used in sections 26c and 26d of this 2007
Act:
  (1) 'Governing body' has the meaning given that term in ORS
192.610.
  (2) 'Member of the household' means any person who resides with
the public official.
  (3) 'Public body' has the meaning given that term in ORS
174.109.
  (4) 'Relative' means the spouse or domestic partner of the
public official, any children of the public official or of the
public official's spouse or domestic partner, and brothers,
sisters, half brothers, half sisters, brothers-in-law,
sisters-in-law, sons-in-law, daughters-in-law, mothers-in-law,
fathers-in-law, aunts, uncles, nieces, nephews, stepparents,
stepchildren or parents of the public official or of the public
official's spouse or domestic partner. + }
  SECTION 26c.  { + (1) Except as provided in subsections (2) to
(4) of this section:
  (a) A public official may not appoint, employ or promote a
relative or member of the household to, or discharge, fire or
demote a relative or member of the household from, a position
with the public body that the public official serves or over
which the public official exercises jurisdiction or control,
unless the public official complies with the conflict of interest
requirements of this chapter.
  (b) A public official may not participate as a public official
in any interview, discussion or debate regarding the appointment,
employment or promotion of a relative or member of the household
to, or the discharge, firing or demotion of a relative or member
of the household from, a position with the public body that the
public official serves or over which the public official
exercises jurisdiction or control. As used in this paragraph,
'participate' does not include serving as a reference, providing
a recommendation or performing other ministerial acts that are
part of the normal job functions of the public official.
  (2) A member of the Legislative Assembly may appoint, employ,
promote, discharge, fire or demote, or advocate for the
appointment, employment, promotion, discharge, firing or demotion
of, a relative or member of the household to or from a position
on the personal legislative staff of the member of the
Legislative Assembly.
  (3)(a) A public official may appoint, employ, promote,
discharge, fire or demote, or advocate for the appointment,
employment, promotion, discharge, firing or demotion of, a
relative or member of the household to or from a position as an
unpaid volunteer with the public body that the public official
serves or over which the public official exercises jurisdiction
or control.
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 28
 
 
 
  (b) Paragraph (a) of this subsection does not apply to the
appointment, employment, promotion, discharge, firing or demotion
of a relative or member of the household to a position as an
unpaid member of a governing body of the public body that the
public official serves or over which the public official
exercises jurisdiction or control.
  (c) A relative or member of the household described in
paragraph (a) of this subsection may receive reimbursement of
expenses provided in the ordinary course of business to similarly
situated unpaid volunteers.
  (4) This section does not prohibit a public body from
appointing, employing, promoting, discharging, firing or demoting
a person who is a relative or member of the household of a public
official serving the public body. + }
  SECTION 26d.  { + (1) Notwithstanding ORS 659A.309 and except
as provided in subsections (2) to (4) of this section, a public
official acting in an official capacity may not directly
supervise a person who is a relative or member of the household.
  (2) A member of the Legislative Assembly may directly supervise
a person who:
  (a) Is a relative or member of the household; and
  (b) Serves as a public official in a position on the personal
legislative staff of the member of the Legislative Assembly.
  (3)(a) A public official acting in an official capacity may
directly supervise a person who is a relative or member of the
household if the person serves as an unpaid volunteer.
  (b) Paragraph (a) of this subsection does not apply to service
by a person in a position as an unpaid member of a governing body
that a public official of whom the person is a relative or member
of the household serves or over which the public official
exercises jurisdiction or control.
  (c) A relative or member of the household serving as an unpaid
volunteer described in paragraph (a) of this subsection may
receive reimbursement of expenses provided in the ordinary course
of business to similarly situated unpaid volunteers.
  (4) A public body may adopt policies specifying when a public
official acting in an official capacity may directly supervise a
person who is a relative or member of the household. + }
 
                               { +
MISCELLANEOUS PROVISIONS + }
 
  SECTION 27. ORS 171.772 is amended to read:
  171.772. In carrying out the provisions of ORS 171.725 to
171.785, the Oregon Government   { - Standards and Practices - }
 { +  Ethics + } Commission shall:
  (1) Prescribe  { + by rule + } forms for registrations,
statements and reports required to be filed by ORS 171.725 to
171.785, and provide   { - such - }   { + the + } forms to
persons required to register and to file   { - such - }
 { + the + } statements and reports;
  (2) Accept and file any information voluntarily supplied that
exceeds the requirements of ORS 171.725 to 171.785; and
  (3) Make registrations, statements and reports filed available
for public inspection and copying during regular office hours,
and make copying facilities available at a charge not to exceed
actual cost.
  SECTION 28. ORS 244.010 is amended to read:
  244.010. (1) The Legislative Assembly   { - hereby - }
declares that
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 29
 
 
 
  { - a public office - }   { + service as a public official + }
is a public trust  { - , - }  and that { + , + } as one safeguard
for that trust, the people require all public officials to
 { - adhere to the code of ethics set forth in ORS 244.040 - }
 { +  comply with the applicable provisions of this chapter + }.
  (2) The Legislative Assembly recognizes that it is the policy
of the state to have serving on many state and local boards and
commissions state and local officials who may have potentially
conflicting public responsibilities by virtue of their positions
as public officials and also as members of the boards and
commissions, and declares it to be the policy of the state that
the holding of such offices does not constitute the holding of
incompatible offices unless expressly stated in the enabling
legislation.
  SECTION 29. ORS 244.055 is amended to read:
  244.055. (1) In addition to the statement required by ORS
244.050, the State Treasurer and any person listed under ORS
244.050 (1)(q) and this subsection shall file quarterly at a time
fixed by the State Treasurer a trading statement listing all
stocks, bonds and other types of securities purchased or sold
during the preceding quarter:
  (a) Directors of the Cash Management Division and the Debt
Management Division.
  (b) Equities, fixed income, short term fund, real estate,
equities real estate and commercial and mortgage real estate
investment officers and assistant investment officers.
  (c) Fixed income and short term fund investment analysts.
  (2) The statement required by subsection (1) of this section
shall be filed for review with the State Treasurer, the Attorney
General and the Division of Audits of the office of the Secretary
of State. The content of the statement is confidential.
  (3) If the State Treasurer or the Chief Deputy State Treasurer
determines that a conflict of interest exists for an officer or
employee, the State Treasurer shall subject the person to
appropriate discipline, including dismissal or termination of the
contract, or both, pursuant to rule. If the State Treasurer has
cause to believe that a violation of this chapter has occurred,
the State Treasurer shall file a complaint with the Oregon
Government   { - Standards and Practices - }   { + Ethics + }
Commission under ORS 244.260.
  (4) If the State Treasurer fails to act on an apparent conflict
of interest under subsection (3) of this section or if the
statement of the State Treasurer or the Chief Deputy State
Treasurer appears to contain a conflict of interest, the Director
of the Division of Audits shall report the failure or apparent
conflict to the Attorney General, who may file a complaint with
the commission.
    { - (5) A person filing the statement required by subsection
(1) of this section must verify that the statement is complete
and accurate. A person who intentionally fails to file a complete
and accurate statement commits a Class C felony and may also be
subject to ORS 162.075. - }
  SECTION 30.  { + Section 31 of this 2007 Act is added to and
made a part of ORS chapter 244. + }
  SECTION 31.  { + A person who intentionally fails to file a
complete and accurate statement under ORS 244.055 commits a Class
C felony. + }
  SECTION 32. ORS 244.090 is amended to read:
  244.090. (1) Each public official   { - of this state - }  or
candidate required to   { - make - }   { + file + } a statement
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 30
 
 
 
of economic interest  { +  under this chapter + } shall
 { - report by - }   { + include on the statement the + } name
 { + of + } any compensated lobbyist who, during the preceding
calendar year, was associated with a business with which the
public official or candidate or a member of the household of the
public official or candidate was also associated.   { - Holding
stock in a publicly traded corporation in which the lobbyist also
holds stock is not a relationship for which a statement is
required. - }
   { +  (2) Subsection (1) of this section does not apply if the
only relationship between the public official or candidate and
the lobbyist is that the public official or candidate and
lobbyist hold stock in the same publicly traded corporation. + }
    { - (2) - }   { + (3) + } As used in this section { + , + }
'lobbyist' has the meaning   { - set forth - }   { + given that
term + } in ORS 171.725.
  SECTION 33. ORS 244.115 is amended to read:
  244.115.  { + (1) + } Each member of Congress from this state
and each candidate for   { - a seat in Congress - }
 { + nomination or election to the office of United States
Representative in Congress or United States Senator + } from this
state shall file with the Oregon Government   { - Standards and
Practices - }   { + Ethics + } Commission a copy of the federal
ethics filing required under federal law or by congressional
rule { + .
  (2) The member or candidate shall file the information required
under subsection (1) of this section not later than + }
  { - within - }  30 days after the filing date required under
federal law or congressional rule. If the filing is not made in a
timely manner, the commission shall obtain copies of the filing
and indicate   { - thereon - }   { + on the filing + } that the
filing was not made with the commission by the member   { - of
Congress - }  or candidate.
   { +  (3) + } All   { - such - }  filings  { + made under this
section + } are public records available for public inspection.
  SECTION 34. ORS 244.160 is amended to read:
  244.160.  { + (1) + } Any political subdivision in this
state { + , + } other than a city or county { + , + } by
resolution may require any public official of the subdivision to
file a verified statement of economic interest  { - . The filing
shall be made - }  with the Oregon Government   { - Standards and
Practices - }   { + Ethics + } Commission.
   { +  (2) The political subdivision shall file a copy of the
resolution + }   { - A copy of the ordinance shall be filed - }
with the commission.
  SECTION 35. ORS 244.300 is amended to read:
  244.300.  { + (1) + } Records of the Oregon Government
 { - Standards and Practices - }   { + Ethics + } Commission
 { - shall constitute - }   { + are + } public records of this
state.
   { +  (2) All information submitted to the commission in any
statement required under this chapter is a public record. + }
  SECTION 36. ORS 244.320 is amended to read:
  244.320. (1) The Oregon Government   { - Standards and
Practices - }  { + Ethics + } Commission shall   { - cause to
have prepared and published - }  { + prepare and publish + } a
manual on government ethics that explains in terms understandable
to legislative and public officials and the public the
requirements of this chapter and the commission's interpretation
of those requirements whether stated by rule or in an
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 31
 
 
 
opinion. { +  The manual shall set forth recommended uniform
reporting methods for use by persons filing statements under this
chapter. + }
  (2)  { + In preparing the manual, + } the commission shall
 { - be guided in preparing its manual by - }   { + consider the
format of + } the manual prepared by the Attorney General to
guide public officials and the public in the requirements of ORS
chapter 192.
  (3) The   { - manual required by this section shall be
updated - }  { + commission shall update the manual + } as often
as the commission believes necessary but no less frequently than
once every four years.
   { +  (4) The commission shall make copies of the manual
available in an electronic format on the Internet. + }
  SECTION 37. ORS 244.340 is amended to read:
  244.340. The Oregon Government   { - Standards and
Practices - }  { + Ethics + } Commission shall prepare and
present a program of continuing education for public
officials { + . + }   { - and lobbyists. For this purpose, - }
The commission may use its own staff or may contract for the
preparation   { - and - }   { + or + } presentation of   { - this
program, or both - }  { +  the program of continuing
education + }.
  SECTION 38. ORS 469.810 is amended to read:
  469.810. (1) A Pacific Northwest Electric Power and
Conservation Planning Council member  { - , - }  or member of the
council member's household  { - , as defined in ORS 244.020,
shall - }   { + may + } not own or have any beneficial interest
in any stock or indebtedness of any utility or direct service
industry.
  (2) A council member  { - , - }  or a member of   { - a - }
 { + the + } council member's household  { - , as defined in ORS
244.020, shall - }   { + may + } not be a director, officer,
agent or employee of any utility or direct service industry.
  (3) A council member  { - , - }  or a member of   { - a - }
 { + the + } council member's household  { - , as defined in ORS
244.020, shall - }   { + may + } not be a director, officer,
agent or employee of or hold any proprietary interest in any
consulting firm   { - which - }   { + that + } does business with
any utility or direct service industry.
  (4) A council member  { - , - }  or a member of the council
member's household  { - , as defined in ORS 244.020, shall - }
 { + may + } not receive any compensation from any utility or
direct service industry arising out of the member's business,
trade or profession.
  (5) A council member   { - shall be considered - }   { + is + }
a public official   { - and be - }  subject to the provisions
 { + and reporting requirements + } of ORS chapter 244  { - ,
including the reporting requirements thereof - } .
  (6) A council member   { - shall - }   { + must + } be a
citizen of the United States and   { - have been a resident
of - }   { + must have resided in + } the State of Oregon for
 { + at least + } one year preceding appointment.
  (7) A council member   { - shall - }   { + may + } not hold any
other elected or appointed   { - public - }  lucrative
 { + public + } office or be principally engaged in any other
business or vocation.
  (8) As used in this section:
  (a) 'Beneficial interest' does not include an interest in a
pension fund, a mutual fund or an insurance fund.
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 32
 
 
 
  (b) 'Consulting firm' means any corporation, partnership or
sole proprietorship whose principal business is providing
personal services.
   { +  (c) 'Member of the household' means any relative who
resides with the council member.
  (d) 'Relative' means the spouse of the council member, any
children of the council member or of the council member's spouse,
and brothers, sisters or parents of the council member or of the
council member's spouse. + }
    { - (c) - }   { + (e) + } 'Utility or direct service
industry' means a utility or direct service industry customer
that purchases electrical energy directly from the Bonneville
Power Administration.
 
                               { +
CONFORMING CHANGES + }
 
  SECTION 39. ORS 171.745 is amended to read:
  171.745. (1) A lobbyist registered with the Oregon Government
  { - Standards and Practices - }   { + Ethics + } Commission or
required to register with the commission shall, on January 31 and
July 31, of each even-numbered year, and on January 31, April 30
and July 31 of each odd-numbered year, file with the commission a
statement showing:
  (a) The total amount of all moneys expended by the lobbyist for
the purpose of lobbying in the preceding reporting period for:
  (A) Food, refreshments and entertainment;
  (B) Printing, postage and telephone;
  (C) Advertising, public relations, education and research; and
  (D) Miscellaneous; and
  (b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure in
excess of $25 is made for the purposes of lobbying, and the date,
name of payee, purpose and amount of that expenditure.
  (2) Beginning on July 1, 1979, the dollar amount specified in
subsection (1)(b) of this section shall be adjusted annually by
the commission based upon the change in the Portland Consumer
Price Index for All Urban Consumers for All Items as prepared by
the Bureau of Labor Statistics of the United States Department of
Labor or its successor during the preceding 12-month period. The
amount determined under this subsection shall be rounded to the
nearest dollar.
  (3) Statements required by this section need not include
amounts expended by the lobbyist for personal living and travel
expenses and office overhead, including salaries and wages paid
for staff and secretarial assistance, and maintenance expenses.
If the amount of any expenditure required to be included in a
statement is not accurately known at the time the statement is
required to be filed, an estimate of the expenditure shall be
submitted in the statement and designated as an estimate. The
exact amount expended for which a previous estimate was made
shall be submitted in a subsequent report when the information is
available.
  (4) Notwithstanding ORS 171.735, 171.740 and subsections (1) to
(3) of this section, a registered lobbyist, who engages in
lobbying activities without compensation on behalf of an
organization is not required to register as a lobbyist for the
organization as long as the lobbying activity does not exceed the
financial or time limits set in ORS 171.735 (4).
 
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 33
 
 
 
  (5) A statement required by this section shall include a copy
of any notice provided to a public official under ORS 244.100
  { - (3) - } .
  (6) For each statement required by this section, an entity
comprised of more than one lobbyist may file one statement that
reports expenditures by the entity and not by individual
lobbyists.
  SECTION 40. ORS 171.750 is amended to read:
  171.750. (1) Any person on whose behalf a lobbyist was
registered, or was required to register with the Oregon
Government
  { - Standards and Practices - }   { + Ethics + } Commission at
any time during the preceding calendar year, shall file with the
commission, by January 31st of each year, a statement showing,
for the preceding calendar year:
  (a) The total amount of all moneys expended for lobbying
activities on the person's behalf, excluding living and travel
expenses incurred for a lobbyist performing lobbying services.
  (b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure in
excess of $25 for the purpose of lobbying is made by the person,
but not including information previously reported in compliance
with ORS 171.745, and the date, name of payee, purpose and amount
of that expenditure.
  (2) Using July 1, 1979, as the base, the dollar amount
specified in subsection (1)(b) of this section shall be adjusted
annually by the commission based upon the change in the Portland
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor, or its successor, during the preceding
12-month period. The amount determined under this subsection
shall be rounded to the nearest dollar.
  (3) A statement required under subsection (1) of this section
shall include a copy of any notice provided to a public official
under ORS 244.100   { - (3) - } .
  SECTION 40a. ORS 244.345 is amended to read:
  244.345. The Oregon Government   { - Standards and
Practices - }  { + Ethics + } Commission Account is established
separate and distinct from the General Fund. All moneys received
by the Oregon Government   { - Standards and Practices - }
 { + Ethics + } Commission, other than appropriations from the
General Fund, shall be deposited into the account and are
continuously appropriated to the commission to carry out the
duties, functions and powers of the commission.
  SECTION 40b.  { + (1) The amendments to ORS 244.250 by section
1 of this 2007 Act are intended to change the name of the 'Oregon
Government Standards and Practices Commission' to the 'Oregon
Government Ethics Commission. '
  (2) The amendments to ORS 244.345 by section 40a of this 2007
Act are intended to change the name of the 'Oregon Government
Standards and Practices Commission Account' to the 'Oregon
Government Ethics Commission Account. '
  (3) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Oregon
Government Standards and Practices Commission,' wherever they
occur in Oregon Revised Statutes, other words designating the '
Oregon Government Ethics Commission.  '
  (4) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 34
 
 
 
Counsel may substitute for words designating the 'Oregon
Government Standards and Practices Commission Account,' wherever
they occur in Oregon Revised Statutes, other words designating
the ' Oregon Government Ethics Commission Account.' + }
 
                               { +
TRANSITION PROVISIONS + }
 
  SECTION 41.  { + ORS 244.030, 244.080, 244.180, 244.190 and
244.201 are repealed. + }
  SECTION 42.  { + ORS 244.340 and 244.345 are added to and made
a part of ORS chapter 244. + }
  SECTION 43.  { + (1) Sections 4, 5, 13, 14, 15, 26a to 26d, 30
and 31 of this 2007 Act, the amendments to ORS 162.005, 171.745,
171.750, 171.772, 171.778, 244.010, 244.020, 244.050, 244.055,
244.090, 244.100, 244.110, 244.115, 244.130, 244.160, 244.195,
244.250, 244.260, 244.270, 244.280, 244.290, 244.300, 244.310,
244.320, 244.340, 244.345, 244.350, 244.360, 244.370, 244.380,
244.390, 244.400, 293.708 and 469.810 by sections 1 to 3, 6 to
12, 16 to 29 and 32 to 40a of this 2007 Act and the repeal of ORS
244.030, 244.080, 244.180, 244.190 and 244.201 by section 41 of
this 2007 Act become operative on January 1, 2008.
  (2) The Oregon Government Ethics Commission, a state agency as
defined in ORS 183.750 and any statewide association of public
bodies as defined in ORS 174.109 may adopt rules or policies or
take any other action before the operative date specified in
subsection (1) of this section that is necessary to enable the
commission, the state agency or any public body that is a member
of a statewide association of public bodies to exercise, on or
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
commission, state agency or public body by this 2007 Act. + }
  SECTION 44.  { + (1) Section 5 of this 2007 Act and the
amendments to ORS 244.390 by section 2 of this 2007 Act apply to
alleged violations of any provision of ORS chapter 244 that occur
on or after January 1, 2008.
  (2) The amendments to ORS 244.280 by section 12 of this 2007
Act apply to commission advisory opinions issued on or after
January 1, 2008.
  (3) Section 14 of this 2007 Act applies to staff advisory
opinions issued on or after January 1, 2008.
  (4) Section 15 of this 2007 Act applies to staff advice issued
on or after January 1, 2008. + }
  SECTION 45.  { + The amendments to ORS 244.130 by section 9 of
this 2007 Act apply to decisions or actions made or taken by
public officials on or after January 1, 2008. + }
  SECTION 46.  { + (1) The amendments to ORS 244.050 by section
17 of this 2007 Act apply to statements of economic interest
required to be filed on or after January 1, 2008.
  (2) The amendments to ORS 244.350 by section 18 of this 2007
Act apply to:
  (a) Violations of any provision of ORS chapter 244 or any
resolution adopted under ORS 244.160 occurring on or after
January 1, 2008;
  (b) Violations of ORS 293.708 occurring prior to, on or after
January 1, 2008; and
  (c) Statements of economic interest required to be filed on or
after January 1, 2008.
  (3) The amendments to ORS 244.360 and 244.370 by sections 19
and 25 of this 2007 Act apply to violations of any provision of
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 35
 
 
 
ORS chapter 244 or any resolution adopted under ORS 244.160
occurring prior to, on or after January 1, 2008.
  (4) The amendments to ORS 244.390 by section 2 of this 2007 Act
apply to penalties or sanctions imposed for violations that occur
on or after January 1, 2008.
  (5) The amendments to ORS 244.270 by section 11 of this 2007
Act apply to violations of any provision of ORS chapter 244 or
any rule adopted under ORS chapter 244 occurring on or after
January 1, 2008.
  (6) The amendments to ORS 244.380 by section 20 of this 2007
Act apply to statements of economic interest required to be filed
prior to, on or after January 1, 2008.
  (7) The amendments to ORS 293.708 by section 21 of this 2007
Act apply to violations of ORS 293.708 occurring prior to, on or
after January 1, 2008.
  (8) Section 31 of this 2007 Act and the amendments to ORS
244.055, 244.090 and 244.110 by sections 7, 29 and 32 of this
2007 Act apply to statements required to be filed on or after
January 1, 2008.
  (9) The amendments to ORS 162.005 by section 22 of this 2007
Act apply to violations that occur on or after January 1, 2008.
  (10) The amendments to ORS 171.778, 244.260 and 244.400 by
sections 23, 24 and 26 of this 2007 Act apply to complaints filed
on or after January 1, 2008, and actions first commenced by the
Oregon Government Ethics Commission on its own motion on or after
January 1, 2008.
  (11) The amendments to ORS 244.100 by section 6 of this 2007
Act apply to notices for expenses incurred on or after the
effective date of this 2007 Act.
  (12) The amendments to ORS 244.195 by section 10 of this 2007
Act apply to copies of statements and explanations required to be
provided to public officials who are elected or appointed on or
after January 1, 2008.
  (13) The amendments to ORS 244.300 by section 35 of this 2007
Act apply to information submitted on or after January 1,
2008. + }
  SECTION 47.  { + (1) Any proceeding, action, prosecution or
other business or matter undertaken or commenced before January
1, 2008, by the Oregon Government Ethics Commission under any
provision of ORS chapter 244 and still pending on January 1,
2008, shall be conducted and completed by the commission in the
same manner, under the same terms and conditions and with the
same effect as though undertaken, conducted or completed before
January 1, 2008.
  (2) Nothing in this 2007 Act relieves any person of any
obligation with respect to any tax, fee, fine, civil penalty or
other charge, interest, penalty, forfeiture or other liability,
duty or obligation. + }
  SECTION 48.  { + (1) Section 26c of this 2007 Act applies to
appointments, employment, promotions, discharges, firings,
demotions or advocacy that first occurs on or after January 1,
2008.
  (2) Section 26d of this 2007 Act applies to supervisory
relationships that first occur on or after January 1, 2008. + }
  SECTION 49.  { + The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act. + }
  SECTION 50.  { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 36
 
 
 
emergency is declared to exist, and this 2007 Act takes effect
July 1, 2007. + }
                         ----------
 
 
Passed by House June 7, 2007
 
Repassed by House June 25, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 24, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 37
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2595 (HB 2595-B)                      Page 38