74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 10
LC 2114/SB 10-20
SENATE AMENDMENTS TO
SENATE BILL 10
By COMMITTEE ON RULES
April 5
On page 1 of the printed bill, line 4, delete '260.995,'.
On page 2, line 1, delete 'ORS chapter 244' and insert ' this
chapter'.
Delete lines 2 through 6 and insert:
' (2)(a) The commission shall charge each public body as
defined in ORS 174.109 for the public body's share of the
expenses described in subsection (1) of this section for the
biennium.
' (b) For public bodies in state government as defined in ORS
174.111, and special government bodies as defined in ORS 174.117
that are not subject to the Municipal Audit Law, the commission
shall set the charges at a rate that is not less than $___ and
not more than $___ per public official serving the public body or
special government body against which the fee is charged. The
commission shall charge each public body in state government and
special government body the same rate.
' (c) For local governments and local service districts as
defined in ORS 174.116, and special government bodies as defined
in ORS 174.117 that are subject to the Municipal Audit Law, the
commission shall set the charges at a rate equal to ___ percent
of the annual municipal audit filing fee paid by the local
government, local service district or special government body
under ORS 297.485. If a local government, local service district
or special government body is not required to file an audit
report, the commission shall set the charge for that local
government, local service district or special government body at
a rate equal to ___ percent of the annual municipal audit filing
fee that would apply under ORS 297.485 if the local government,
local service district or special government body were required
to file an audit report.'.
On page 3, delete lines 9 through 11 and insert:
' (b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure is made
for the purposes of lobbying, and the date, name of payee,
purpose and amount of that expenditure. This paragraph applies if
the total amount expended on the occasion by one or more persons
exceeds $50.'.
In line 12, delete '1979' and insert '2009'.
In line 29, delete '(3)' and insert '(2)'.
Delete lines 40 through 43 and insert:
' (b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure is made
for the purposes of lobbying by the person, and the date, name of
payee, purpose and amount of that expenditure. This paragraph
applies if the total amount expended on the occasion by one or
more persons exceeds $50. This paragraph does not apply to
information reported in compliance with ORS 171.745.'.
In line 44, delete '1979' and insert '2009'.
On page 4, line 5, delete '(3)' and insert '(2)'.
Delete lines 17 through 23 and insert:
' (4) Adopt by rule an electronic filing system under which
statements required to be filed under ORS 171.745 and 171.750 may
be filed with the commission in an electronic format. The
commission may not charge a fee for filing a statement under this
subsection. The commission shall accept statements filed under
ORS 171.745 and 171.750 in a format that is not electronic.
' (5) Provide training on procedures for filing statements
under subsection (4) of this section.
' (6) Make statements filed under ORS 171.745 and 171.750,
including statements that are not filed in an electronic format,
available in a searchable format for review by the public using
the Internet.
' { + SECTION 8a. + } ORS 171.772, as amended by section 8 of
this 2007 Act, is amended to read:
' 171.772. In carrying out the provisions of ORS 171.725 to
171.785, the Oregon Government Standards and Practices Commission
shall:
' (1) Prescribe forms for registrations, statements and reports
required to be filed by ORS 171.725 to 171.785 and provide the
forms to persons required to register and to file the statements
and reports.
' (2) Accept and file any information voluntarily supplied that
exceeds the requirements of ORS 171.725 to 171.785.
' (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.
' (4) Adopt by rule an electronic filing system under which
statements required to be filed under ORS 171.745 and 171.750
{ - may - } { + must + } be filed with the commission in an
electronic format. The commission may not charge a fee for
filing a statement under this subsection. { - The commission
shall accept statements filed under ORS 171.745 and 171.750 in a
format that is not electronic. - }
' (5) Provide training on procedures for filing statements
under subsection (4) of this section.
' (6) Make statements filed under ORS 171.745 and 171.750
{ - , including statements that are not filed in an electronic
format, - } available in a searchable format for review by the
public using the Internet.
' { + SECTION 8b. + } { + The amendments to ORS 171.772 by
section 8a of this 2007 Act become operative January 1, 2010. + }
' .
On page 5, delete lines 3 through 5 and insert:
' (3) The commission shall adopt by rule an electronic filing
system under which statements required to be filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act may be filed,
without a fee, with the commission in an electronic format. The
commission shall accept statements filed under ORS 244.050 and
244.100 and section 35 of this 2007 Act in a format that is not
electronic.
' (4) The commission shall make statements filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act, including
statements that are not filed in an electronic format, available
in a searchable format for review by the public using the
Internet.
' { + SECTION 9a. + } ORS 244.290, as amended by section 9 of
this 2007 Act, is amended to read:
' 244.290. (1) The Oregon Government Standards and Practices
Commission shall:
' (a) Prescribe forms for statements required by this chapter
and provide the forms to persons required to file the statements
under this chapter or resolution adopted under this chapter.
' (b) 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 under
this chapter.
' (c) Develop a filing, coding and cross-indexing system
consistent with the purposes of this chapter.
' (d) Prepare and publish any reports the commission determines
are necessary.
' (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.
' (3) The commission shall adopt by rule an electronic filing
system under which statements required to be filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act { - may - }
{ + must + } be filed, without a fee, with the commission in an
electronic format.
{ - The commission shall accept statements filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act in a format
that is not electronic. - }
' (4) The commission shall make statements filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act { - ,
including statements that are not filed in an electronic
format, - } available in a searchable format for review by the
public using the Internet.
' { + SECTION 9b. + } { + The amendments to ORS 244.290 by
section 9a of this 2007 Act become operative January 1, 2010. + }
' .
Delete lines 14 through 17 and insert:
' (2)(a) The commission may impose civil penalties upon a
person who fails to file the statement required under ORS 171.745
or 171.750. In enforcing this subsection, the commission is not
required to follow the procedures in ORS 171.778 before finding
that a violation of ORS 171.745 or 171.750 has occurred.'.
After line 27, insert:
' (4) In lieu of or in conjunction with finding a violation of
law or rule or imposing a civil penalty under this section, the
commission may issue a written letter of reprimand, explanation
or education.'.
Delete lines 42 through 45 and insert:
' (4)(a) The commission may impose civil penalties upon a
person who fails to file the statement required under ORS 244.050
or 244.100 or section 35 of this 2007 Act. 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 or 244.100 or section 35 of this 2007 Act has occurred.'.
On page 6, line 2, after '244.050' insert 'or 244.100'.
After line 6, insert:
' (5) In lieu of or in conjunction with finding a violation of
law or any resolution or imposing a civil penalty under this
section, the commission may issue a written letter of reprimand,
explanation or education.'.
In line 7, delete '(5)' and insert '(6)'.
On page 8, line 28, before the second 'commission' insert '
Oregon Government Standards and Practices'.
On page 9, line 31, delete 'or'.
Delete line 36 and insert 'this chapter, other than a civil
penalty imposed for a violation of this section or ORS 260.409;
or
' (c) Except as provided in this paragraph, used to pay any
legal expenses incurred by the candidate or public official in
any civil, criminal or other legal proceeding or investigation
that relates to or arises from the course and scope of the duties
of the person as a candidate or public official. Contributions
described in this subsection may be used to pay legal expenses
incurred by the candidate or public official in connection with a
legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.'.
Delete lines 44 and 45.
On page 10, delete lines 1 through 41.
On page 12, delete lines 10 through 15 and insert:
' (6) A person who has been a member of the Legislative
Assembly may not receive money or any other consideration for
lobbying as defined in ORS 171.725 performed during the period
beginning on the date the person ceases to be a member of the
Legislative Assembly and ending on the date of adjournment sine
die of the next regular session of the Legislative Assembly that
begins after the date the person ceases to be a member of the
Legislative Assembly.
' { + SECTION 15a. + } { + Section 15b of this 2007 Act is
added to and made a part of ORS chapter 244. + }
' { + SECTION 15b. + } { + (1) For purposes of ORS 244.045
(6), if a special session of the Legislative Assembly is held in
calendar year 2008 or 2010, the first special session held in
that calendar year is considered a regular session of the
Legislative Assembly.
' (2) This section is repealed January 1, 2011. + } ' .
On page 13, delete lines 23 through 25 and insert:
' (F) Admission provided to or the cost of food or beverage
consumed by a public official, or a member of the household or
staff of the public official when accompanying the public
official, at a reception, meal or meeting held by an organization
before whom the public official appears to speak or to answer
questions as part of a scheduled program.'.
In line 28, after the comma insert 'a membership organization
to which a public body as defined in ORS 174.109 pays membership
dues'.
After line 35, insert:
' (I) Reasonable food, travel or lodging expenses provided to a
public official, or to a member of the household or staff of the
public official when accompanying the public official, when the
public official is representing state government as defined in
ORS 174.111 or local government as defined in ORS 174.116 on an
officially sanctioned trade-promotion or fact-finding mission
outside the United States.
' (J) Food or beverage consumed by a public official acting in
an official capacity:
' (i) In association with the final review, approval, execution
of documents or closing of a borrowing, investment or other
financial transaction;
' (ii) While engaged in due diligence research or presentations
by the office of the State Treasurer related to an existing or
proposed investment or borrowing; or
' (iii) While engaged in a meeting of an advisory, governance
or policy-making body of a corporation, partnership or other
entity in which the office of the State Treasurer has invested
moneys.'.
On page 14, delete line 13 and insert:
' (9) 'Member of the household' means any person who resides
with the public official.'.
On page 16, after line 44, insert:
' (4) This section does not apply to judges or other public
officials serving the judicial department as defined in ORS
174.113.'.
On page 18, delete lines 34 through 40.
In line 41, delete '(b)' and insert '(a)' and delete ' $75' and
insert '$50'.
On page 19, line 1, delete '(c)' and insert '(b)'.
In line 5, delete '(d)' and insert '(c)'.
Delete lines 13 through 23.
In line 24, delete '(3)' and insert '(2)' and delete '
subsections (1) and (2)' and insert 'subsection (1)'.
In line 28, delete '$75' and insert '$50'.
Delete lines 37 through 41.
On page 22, delete lines 21 through 26 and insert:
' (2) Proceeds from the trust fund may be used by the public
official to defray legal expenses incurred by the public official
in any civil, criminal or other legal proceeding or investigation
that relates to or arises from the course and scope of duties of
the person as a public official.'.
On page 26, line 18, after '5,' insert '15a, 15b,'.
In line 20, delete '260.995,'.
In line 21, delete '6 to 17' and insert '6 to 8, 9, 10 to 15,
16, 17'.
On page 27, delete lines 24 and 25.
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