74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1137
House Bill 2598
Sponsored by COMMITTEE ON ELECTIONS, ETHICS AND RULES (at the
request of Oregon Law Commission)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows public official to receive gift from source that does
not have legislative or administrative interest in governmental
agency in which official has official position.
Prohibits public official from receiving in calendar year
single gift with value exceeding $100 from one or more sources
with legislative or administrative interest. Prohibits public
official from receiving in calendar year gifts with aggregate
value exceeding $250 from single source with legislative or
administrative interest.
Allows public official to receive items exempted from
definition of 'gift' from person with legislative or
administrative interest.
Deletes entertainment exemption from definition of 'gift. '
Specifies that food, lodging, travel and event registration
exception to definition of 'gift' applies when public official
acting in official capacity is registered at event or appears on
agenda of event as presenter.
Prohibits public officials and candidates for public office
from receiving honoraria solicited or received in connection with
official duties of public official or office for which person is
candidate. Provides exception for honoraria or other items with
value of $50 or less.
A BILL FOR AN ACT
Relating to government ethics; creating new provisions; and
amending ORS 171.745, 171.750, 244.010, 244.020, 244.040,
244.060, 244.100, 244.110, 244.280, 293.708, 351.067, 353.270
and 469.810.
Be It Enacted by the People of the State of Oregon:
{ +
GIFTS/FINANCIAL GAIN + }
SECTION 1. 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) - } { + (12) + } of this section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
or a relative of the public official is associated only as a
member or board director or in a nonremunerative capacity.
(3) 'Business with which the person is associated' means:
(a) Any private business or closely held corporation of which
the person or the person's relative is a director, officer, owner
or employee, or agent or any private business or closely held
corporation in which the person or the person's relative owns or
has owned stock, another form of equity interest, stock options
or debt instruments worth $1,000 or more at any point in the
preceding calendar year;
(b) Any publicly held corporation in which the person or the
person's relative owns or has owned $100,000 or more in stock or
another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;
(c) Any publicly held corporation of which the person or the
person's relative is a director or officer; or
(d) For public officials required to file a statement of
economic interest under ORS 244.050, any business from which 50
percent or more of the total annual income of the person and
members of the person's household is derived during the current
calendar year.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
{ - (6) 'Expenditure' has the meaning given that term in ORS
260.005. - }
{ - (7) - } { + (6)(a) + } 'Gift' means something of
economic value given to a public official or { - the public
official's - } { + a + } relative { + or member of the
household of the public official:
(A) + } 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 { + or members of the households + } of public
officials on the same terms and conditions; { + or + } { - and
something of economic value given to a public official or the
public official's relative - }
{ + (B) + } For valuable consideration less than that
required from others who are not public officials. { - However,
'gift' does not mean: - }
{ + (b) 'Gift' does not mean: + }
{ - (a) Campaign contributions, as described in ORS chapter
260. - }
{ + (A) Contributions as defined in ORS 260.005. + }
{ - (b) - } { + (B) + } Gifts from { - family members - }
{ + relatives or members of the household of the public
official + }.
{ - (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). - }
{ + (C) Subject to applicable reporting requirements, food,
lodging, travel or event registration expenses provided to a
public official when the official participates in an official
capacity at an event that bears a relationship to the public
official's office. For purposes of this subparagraph, a public
official is considered to participate in an official capacity if
the official is registered as attending the event or appears on
the agenda of the event as a presenter. + }
{ - (d) - } { + (D) + } { - The giving or receiving
of - } Food or beverage { + provided to a public official or a
relative or member of the household of the public official + } if
the food or beverage is consumed by the public official or the
{ - public official's relatives - } { + relative or member of
the household of the public official + } in the presence of the
purchaser or provider { - thereof - } { + of the food or
beverage + }.
{ + (E) Waiver or discount of registration expenses or
materials provided to a public official at a continuing education
event the public official may attend to satisfy a professional
licensing requirement.
(F) Waiver or discount of membership dues in professional
organizations.
(G) Publications supplied by a publisher or organization on a
complimentary basis for use in an official capacity by the public
official. + }
{ - (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) - } { + (7) + } { - ' Honoraria' - } { + '
Honorarium' + } 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) - } { + (8) + } '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) - } { + (9) + } 'Legislative or administrative
interest' means an economic interest, distinct from that of the
general public, in one or more bills, resolutions, regulations,
proposals or other matters subject to the action or vote of a
person acting in the capacity of a public official.
{ - (11) 'Legislative official' means any member or
member-elect of the Legislative Assembly, any member of an
agency, board or committee that is part of the legislative branch
and any staff person, assistant or employee thereof. - }
{ - (12) - } { + (10) + } 'Member of { + the + }
household' means any { - relative - } { + person + } who
resides with the public official.
{ - (13) - } { + (11) + } 'Planning commission' means a
county planning commission created under ORS chapter 215 or a
city planning commission created under ORS chapter 227.
{ - (14) - } { + (12) + } '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 { + Oregon Government Standards and Practices + }
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.
{ + (13) 'Public office' has the meaning given that term in
ORS 260.005. + }
{ - (15) - } { + (14) + } '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 defined
in ORS 174.109 + } as an { - officer - } { + elected official,
appointed official + }, employee, agent or otherwise,
{ - and - } irrespective of whether the person is compensated
for such services.
{ - (16) - } { + (15) + } 'Relative' means { + :
(a) + } The spouse of the public official { - , - } { + ;
(b) The domestic partner of the public official;
(c) + } Any children of the public official or of the public
official's spouse { - , and brothers, sisters - } { + ;
(d) Siblings, spouses of siblings + } or parents of the public
official or of the public official's spouse { - . - } { + ;
(e) Any individual for whom the public official has a legal
support obligation; and
(f) Any individual for whom the public official provides
benefits arising from the public official's public employment or
from whom the public official receives benefits arising from that
individual's employment. + }
{ - (17) - } { + (16) + } '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) - } { + (17) + } '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 2. ORS 244.040 is amended to read:
244.040. { - The following actions are prohibited regardless
of whether actual conflicts of interest or potential conflicts of
interest are announced or disclosed pursuant to ORS 244.120: - }
{ - (1)(a) - } { + (1) + } { - No - } { + Except as
provided in subsection (2) of this section, a + } public official
{ - shall - } { + may not + } use or attempt to use official
position or office to obtain financial gain or avoidance of
financial detriment { - that would not otherwise be available
but for the public official's holding of the official position or
office, other than official salary, honoraria, except as
prohibited in paragraphs (b) and (c) of this subsection,
reimbursement of expenses or an unsolicited award for
professional achievement for the public official or the public
official's relative, or for - } { + for the public official, a
relative or member of the household of the public official,
or + } any business with which the public official or a relative
{ + or member of the household + } of the public official is
associated { + , if the financial gain or avoidance of financial
detriment would not otherwise be available but for the public
official's holding of the official position or office + }.
{ + (2) Subsection (1) of this section does not apply to:
(a) Any part of an official compensation package as determined
by the public body served by the public official.
(b) The receipt by a public official or a relative or member of
the household of the public official of an honorarium or any
other item allowed under section 6 of this 2007 Act.
(c) Reimbursement of expenses.
(d) An unsolicited award for professional achievement.
(e) Gifts that do not exceed the limits specified in section 3
of this 2007 Act received by a public official or a relative or
member of the household of the public official from a source that
could reasonably be known to have a legislative or administrative
interest in a governmental agency in which the official holds any
official position or over which the official exercises any
authority.
(f) Gifts received by a public official or a relative or member
of the household of the public official from a source that could
not reasonably be known to have a legislative or administrative
interest in a governmental agency in which the official holds any
official position or over which the official exercises any
authority.
(g) The receipt by a public official or a relative or member of
the household of the public official of any item, regardless of
value, that is expressly excluded from the definition of gift in
ORS 244.020. + }
{ - (b) No statewide official shall solicit or receive,
whether directly or indirectly, honoraria for the statewide
official or for any member of the household of the official. No
candidate for statewide office shall solicit or receive, whether
directly or indirectly, honoraria for the candidate or for any
member of the household of the candidate. - }
{ - (c) No legislative official shall solicit or receive,
whether directly or indirectly, honoraria in an amount in excess
of $1,500 or in any amount for an appearance within the state or
for an appearance during a legislative session, regardless of
location, for the legislative official or for any member of the
household of the official, except that a legislative official may
solicit or receive honoraria for services performed in relation
to the private profession or occupation of the legislative
official. No candidate for legislative office shall solicit or
receive, whether directly or indirectly, honoraria in an amount
in excess of $1,500 or in any amount for an appearance within the
state for the candidate or for any member of the household of the
candidate, except that a candidate for legislative office may
solicit or receive honoraria for services performed in relation
to the private profession or occupation of the legislative
official. - }
{ - (d) Any public official not described in paragraph (b) or
(c) of this subsection or a member of the public official's
household may receive honoraria. - }
{ - (2) No public official or candidate for office or a
relative of the public official or candidate shall solicit or
receive, whether directly or indirectly, during any calendar
year, any gift or gifts with an aggregate value in excess of $100
from any single source who could reasonably be known to have a
legislative or administrative interest in any governmental agency
in which the official has or the candidate if elected would have
any official position or over which the official exercises or the
candidate if elected would exercise any authority. - }
(3) { - No - } { + A + } public official { - shall - }
{ + may not + } solicit or receive, either directly or
indirectly, and { - no - } { + a + } person { - shall - }
{ + may not + } offer or give to any public official any pledge
or promise of future employment, based on any understanding that
{ - such public official's - } { + the + } vote, official
action or judgment { + of the public official + } would be
influenced { - thereby - } { + by the pledge or promise + }.
(4) { - No - } { + A + } public official { - shall - }
{ + may not + } attempt to further or further the personal gain
of the public official through the use of confidential
information gained in the course of or by reason of { - the
official position - } { + holding position as a public
official + } or activities of the public official { - in any
way - } .
{ - (5) No person shall offer during any calendar year any
gifts with an aggregate value in excess of $100 to any public
official or candidate therefor or a relative of the public
official or candidate if the person has a legislative or
administrative interest in a governmental agency in which the
official has or the candidate if elected would have any official
position or over which the official exercises or the candidate if
elected would exercise any authority. - }
{ - (6) - } { + (5) + } { - No person shall - } { + A
person may not + } attempt to represent or represent a client for
a fee before the governing body of a public body of which the
person is a member. This subsection does not apply to the
person's employer, business partner or other associate.
{ + (6) The provisions of this section apply regardless of
whether actual conflicts of interest or potential conflicts of
interest are announced or disclosed under ORS 244.120. + }
SECTION 3. { + (1) During a calendar year, a public official,
candidate for public office or a relative or member of the
household of the public official or candidate may not solicit or
receive, directly or indirectly:
(a) A single gift with a value in excess of $100 from a single
source or multiple sources that could reasonably be known to have
a legislative or administrative interest in any governmental
agency in which the public official holds, or the candidate if
elected would hold, any official position or over which the
public official exercises, or the candidate if elected would
exercise, any authority; or
(b) Any gifts with an aggregate value in excess of $250 from
any single source that could reasonably be known to have a
legislative or administrative interest in any governmental agency
in which the public official holds, or the candidate if elected
would hold, any official position or over which the public
official exercises, or the candidate if elected would exercise,
any authority.
(2) During a calendar year, a person who has a legislative or
administrative interest in any governmental agency in which a
public official holds any official position or over which the
public official exercises any authority may not offer to the
public official or a relative or member of the household of the
public official:
(a) A single gift with a value in excess of $100; or
(b) Any gifts with an aggregate value in excess of $250.
(3) During a calendar year, a person who has a legislative or
administrative interest in any governmental agency in which a
candidate for public office if elected would hold any official
position or over which the candidate if elected would exercise
any authority may not offer to the candidate or a relative or
member of the household of the candidate:
(a) A single gift with a value in excess of $100; or
(b) Any gifts with an aggregate value in excess of $250.
(4) For purposes of this section, a gift solicited or received
by, or offered to, a relative or member of the household of a
public official or candidate for public office is considered a
gift solicited or received by, or offered to, the public official
or candidate for public office. This subsection does not apply if
the relative or member of the household is also a public official
or candidate for public office. + }
SECTION 4. ORS 244.100 is amended to read:
244.100. (1) The Oregon Government Standards and Practices
Commission { - by rule may require - } { + may adopt rules
requiring + } the disclosure and reporting of gifts { + that are
subject to the limits specified in section 3 of this 2007 Act + }
or other compensation made to or received by a public official or
{ + a + } candidate for { - elective - } { + public + }
office.
(2) The commission by rule may exempt from the gift limitation
contained in { - ORS 244.040, - } { + section 3 of this 2007
Act + } any gift of food or beverage but may require that when
gifts of food or beverage exceed a dollar amount fixed by the
commission, the source thereof shall be disclosed on a form
prescribed by the commission.
(3) In addition to any disclosures or reports required under
{ - subsections (1) and (2) of - } this section, any person
{ - or organization - } that provides a public official with
food, lodging { + , + }
{ - or - } travel { + or event registration + } expenses
{ - exceeding $50 - } { + with an aggregate value exceeding
$75 + }, as described in ORS 244.060 (6), shall notify the public
official in writing of the amount of the expense. The { + person
shall provide the + } notice { - shall be sent - } to the
public official within 10 days from the date { - such - }
{ + the + } expenses are incurred.
{ + (4) In addition to any disclosures or reports required
under this section, any person that provides a public official or
a relative or member of the household of a public official with
an honorarium or other item allowed under section 6 of this 2007
Act with a value exceeding $15 shall notify the public official
in writing of the value of the honorarium or other item. The
person shall provide the notice to the public official within 10
days after the date of the event for which the honorarium or
other item was received. + }
SECTION 5. ORS 244.110 is amended to read:
244.110. (1) Any statement of economic interest required to be
filed by ORS 244.050, 244.060, 244.070, 244.080 { - , - }
{ + or + } 244.090 or { + by rule under ORS + } 244.100 shall
contain or be verified by a written declaration that it is made
under the penalties of false swearing. { - Such - }
{ + The + } declaration { - shall be - } { + is + } in lieu
of any oath otherwise required.
(2) { - No - } { + A + } person { - shall - } { + may
not + } willfully make and subscribe any return statement or
other document { - which - } { + that + } 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.
{ +
HONORARIA + }
SECTION 6. { + (1) Except as provided in subsection (3) of
this section, a public official may not solicit or receive,
whether directly or indirectly, honoraria for the public official
or any relative or member of the household of the public official
if the honoraria are solicited or received in connection with the
official duties of the public official.
(2) Except as provided in subsection (3) of this section, a
candidate for public office may not solicit or receive, whether
directly or indirectly, honoraria for the candidate or any
relative or member of the household of the candidate if the
honoraria are solicited or received in connection with the
official duties of the public office for which the person is a
candidate.
(3) This section does not prohibit the solicitation or receipt
of:
(a) An honorarium or a certificate, plaque, commemorative token
or other item with a value of $50 or less; or
(b) Honoraria for services performed in relation to a private
profession, occupation, avocation or expertise of the public
official or candidate for public office. + }
SECTION 7. ORS 244.060 is amended to read:
244.060. The statement of economic interest filed under ORS
244.050 { - , - } shall be on a form prescribed by the Oregon
Government Standards and Practices Commission, and the
{ - person - } { + public official or candidate for public
office + } filing the statement shall supply the information
required by this section and ORS 244.090, as follows:
(1) The { - name - } { + names + } of all positions as
officer of a business and business directorships held by the
person or a member of the household of the person during the
preceding calendar year.
(2) All names under which the person and members of the
household of the person do business.
(3) Sources of income received at any time during the preceding
calendar year by the person or a member of the household of the
person that produce 10 percent or more of the total annual
household income.
(4) The name, principal address and brief description of the
source of income from which 50 percent or more of the total
annual income of the person and members of the household of the
person was received during the preceding calendar year and
whether the source existed during the preceding year, and whether
the source is derived from an entity that { - now - } does
business { + with + } or could reasonably be expected to do
business { + with, + } or has legislative or administrative
interest in { + , + } the governmental agency { - of - }
{ + in + } which the public official { - is - }
{ + holds, + } or the candidate if elected would
{ - be a member - } { + hold, any official position + } or
over which the public official { - has - } { + exercises, + }
or the candidate if elected would { - have - } { + exercise,
any + } authority.
(5)(a) { - The listing - } { + A list + } of all real
property in which the public official or candidate
{ - therefor - } { + for public office + } or a member of the
household of the public official or candidate has or has had any
personal, beneficial ownership interest during the preceding
calendar year, any options to purchase or sell real property,
including a land sales contract, and any other rights of any kind
in real property located within the geographic boundaries of the
governmental agency of which the public official { - is - }
{ + holds, + } or the candidate if elected would { - be a
member - } { + hold, any official position + } or over which
the public official { - has - } { + exercises, + } or the
candidate if elected would { - have - } { + exercise, any + }
authority.
(b) This subsection does not require the listing of the
principal residence of the public official or candidate.
(6) { - (a) - } Notwithstanding ORS 244.020 { - (7)(c) - }
{ + (6)(b)(C) + }, if a public official has received food,
lodging { + , + } { - and payment of - } travel { + or event
registration + } expenses exceeding { - $100 - } { + an
aggregate amount of $75 + } when participating in an event which
bears a relationship to the public official's office and when
appearing in an official capacity, the name, nature and business
address of the { - organization - } { + person + } paying the
expenses and the date and amount of that expenditure.
{ - (b) Beginning on July 1, 1992, the dollar amount
specified in paragraph (a) of this subsection shall be adjusted
annually by the commission based upon the change in the Portland
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor or its successor during the preceding
12-month period. The amount determined under this paragraph shall
be rounded to the nearest dollar. - }
(7) { - Any honoraria - } { + If a public official or a
relative or member of the household of the public official has
received an honorarium or other item allowed under section 6 of
this 2007 Act + } exceeding { - $50 received - } { + $15 + }
during the preceding calendar year
{ - by the person or a member of the household of the person,
the payer of the honoraria - } { + , the name, nature and
business address of the person providing the honorarium or other
item + }and the date and time of the event for which the
{ - honoraria - } { + honorarium or other item + } was
received.
{ + (8) If a public official has received an unsolicited
award for professional achievement related to the official's
holding of an official position or office with a value exceeding
$75, the name, nature and business address of the person
providing the award, the date the award was received and value of
the award. + }
SECTION 8. 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
Commission, under signature of the chairperson, may issue and
publish opinions on the requirements of this chapter, based on
actual or hypothetical circumstances.
(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 - } { +
the commission to make the determination + }.
(3) A public official { - or business with which a public
official is associated shall not be - } { + is not + } liable
under this chapter { - , - } for any action or transaction
carried out in accordance with { - an advisory interpretation
issued - } { + a determination made + } under subsection (2) of
this section. { - Such an advisory interpretation shall be - }
{ + The determination is + } considered a formal opinion having
precedential effect and { - shall be subject to review - }
{ + must be reviewed + } by legal counsel to the commission
before the { - interpretation - } { + determination + } is
sent to the requester.
SECTION 9. ORS 351.067 is amended to read:
351.067. (1) In carrying out its authority under ORS 351.070,
the State Board of Higher Education may authorize receipt of
compensation for any officer or employee of the Oregon University
System from private or public resources, including, but not
limited to, income from:
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived, reduced to practice or
originated and therefore owned within the Oregon University
System;
(d) Providing services or other valuable consideration for a
private corporation, individual, or entity, whether paid in cash
or in-kind, stock or other equity interest, or anything of value
regardless of whether there is a licensing agreement between the
Oregon University System and the private entity; and
(e) Performing public duties paid by private organizations,
including institution corporate affiliates, which augment an
officer's or employee's publicly funded salary. Such income shall
be authorized and received in accordance with policies and rules
established by the board.
(2) The board { - shall - } { + may + } not authorize
compensation, as defined in subsection (1) of this section, that,
in the board's judgment, does not comport with the mission of the
institution and the Oregon University System or substantially
interferes with an officer's or employee's duties to the Oregon
University System.
(3) Any compensation, described and authorized under subsection
(1) of this section, { - shall be - } { + is + } considered
official
{ - salary, honorarium - } { + compensation + } or
reimbursement of expenses for purposes of ORS 244.040 { + and is
not considered an honorarium prohibited by section 6 of this 2007
Act + }. If authorization or receipt of { - such - }
{ + the + } compensation creates a potential conflict of
interest, the { + officer or employee shall report the
+ }potential conflict { - shall be reported - } in writing in
accordance with rules of the state board. The disclosure is a
public record subject to public inspection.
(4) The state board shall adopt by rule standards governing
employee outside employment and activities, including potential
conflict of interest, as defined by state board rule and
consistent with ORS 244.020, and the public disclosure thereof,
and procedures for reporting and hearing potential or actual
conflict of interest complaints.
SECTION 10. ORS 353.270 is amended to read:
353.270. (1) Oregon Health and Science University may authorize
receipt of compensation for any officer or employee of the
university from private or public resources, including but not
limited to income from:
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived, reduced to practice or
originated and therefore owned within the university;
(d) Providing services or other valuable consideration for a
private corporation, individual or entity, whether paid in cash
or in kind, stock or other equity interest, or anything of value
regardless of whether there is a licensing agreement between the
university and the private entity;
(e) Performing public duties paid by private organizations,
including university corporate affiliates, that augment an
officer's or employee's publicly funded salary. Such income shall
be authorized and received in accordance with policies
established by the university; and
(f) Providing medical and other health services.
(2) The university shall not authorize compensation, as
described in subsection (1) of this section, that, in the
university's judgment, does not comport with the missions of the
university or substantially interferes with an officer's or
employee's duties to the university.
(3) Any compensation described and authorized under subsection
(1) of this section { - shall be - } { + is + } considered
official
{ - salary, honorarium - } { + compensation + } or
reimbursement of expenses for purposes of ORS 244.040 { + and is
not considered an honorarium prohibited by section 6 of this 2007
Act + }. If authorization or receipt of { - such - }
{ + the + } compensation creates a potential conflict of
interest, the { + officer or employee shall report the + }
potential conflict { - shall be reported - } in writing in
accordance with policies of the university. The disclosure is a
public record subject to public inspection.
(4) The university shall adopt standards governing employee
outside employment and activities of employees, including
potential conflicts of interest, as defined by the university and
consistent with ORS 244.020, and the public disclosure thereof,
and procedures for reporting and hearing potential or actual
conflict of interest complaints.
SECTION 11. ORS 244.010 is amended to read:
244.010. (1) The Legislative Assembly { - hereby - }
declares that
{ - 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.
{ +
CONFORMING AMENDMENTS + }
SECTION 12. ORS 171.745 is amended to read:
171.745. (1) A lobbyist registered with the Oregon Government
Standards and Practices 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).
(5) A statement required by this section shall include a copy
of any notice provided to a public official under ORS 244.100 (3)
{ + or (4) + }.
(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 13. 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 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) { + or (4) + }.
SECTION 14. 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 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) - } { + (12)(a)
to (c) + }.
(4) Nothing in this section excuses a member of the council
from compliance with ORS 244.120.
SECTION 15. 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.
(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.
{ +
MISCELLANEOUS PROVISIONS + }
SECTION 16. { + (1) Section 3 of this 2007 Act is added to and
made a part of ORS 244.010 to 244.040.
(2) Section 6 of this 2007 Act is added to and made a part of
ORS chapter 244. + }
SECTION 17. { + (1) Section 3 of this 2007 Act applies to
gifts received or made on or after the effective date of this
2007 Act.
(2) The amendments to ORS 244.020 and 244.040 by sections 1 and
2 of this 2007 Act apply to activities that occur on or after the
effective date of this 2007 Act.
(3) Section 6 of this 2007 Act and the amendments to ORS
244.040 by section 2 of this 2007 Act apply to honoraria
solicited or received on or after the effective date of this 2007
Act.
(4) The amendments to ORS 244.060 by section 7 of this 2007 Act
apply to food, lodging, travel or event registration expenses,
honoraria or other items allowed under section 6 of this 2007 Act
and unsolicited awards for professional achievement received on
or after the effective date of this 2007 Act. A public official
shall list on the first statement of economic interest filed
after the effective date of this 2007 Act all food, lodging and
travel expenses the public official received prior to the
effective date of this 2007 Act that were:
(a) Required to be reported under ORS 244.060 on the day before
the effective date of this 2007 Act; and
(b) Were not reported on a previous statement of economic
interest the public official filed.
(5) The amendments to ORS 351.067 and 353.270 by sections 9 and
10 of this 2007 Act apply to compensation received on or after
the effective date of this 2007 Act. + }
SECTION 18. { + (1) Any proceeding, action, prosecution or
other business or matter undertaken or commenced before the
effective date of this 2007 Act by the Oregon Government
Standards and Practices Commission under any provision of ORS
chapter 244 and still pending on the effective date of this 2007
Act may 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 the
effective date of this 2007 Act.
(2) Sections 3 and 6 of this 2007 Act and the amendments to ORS
244.010, 244.020, 244.040, 244.060, 244.100, 244.110, 244.280,
351.067 and 353.270 by sections 1, 2, 4, 5 and 7 to 11 of this
2007 Act do not relieve 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 19. { + 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. + }
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