74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to B-Eng. SB 10 (A to RC)
LC 2114/SB 10-B36
HOUSE AMENDMENTS TO
B-ENGROSSED SENATE BILL 10
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON ELECTIONS, ETHICS AND RULES
June 26
On page 1 of the printed B-engrossed bill, line 2, after ' ORS'
insert '171.725, 171.730, 171.735, 171.740,'.
In line 3, after '244.100,' insert '244.110,'.
In line 4, after '244.360,' insert '244.390,' and after '
353.270' insert 'and sections 5, 14, 15 and 40b, chapter ___,
Oregon Laws 2007 (Enrolled House Bill 2595)'.
On page 2, delete lines 7 and 8 and insert:
' (a) Public bodies in state government; and'.
In line 15, after 'ernment' delete the rest of the line.
In line 16, delete 'Law'.
Delete lines 41 and 42 and insert 'officer or employee.'.
On page 3, line 15, delete '7' and insert '15'.
After line 16, insert:
' { + SECTION 6. + } ORS 171.725 is amended to read:
' 171.725. As used in ORS 171.725 to 171.785, unless the
context requires otherwise:
' (1) 'Compensation' has the meaning given that term in ORS
292.951.
' (2) 'Consideration' includes a gift, payment, distribution,
loan, advance or deposit of money or anything of value, and
includes a contract, promise or agreement, whether or not legally
enforceable.
' (3) 'Executive agency' means a commission, board, agency or
other body in the executive branch of state government that is
not part of the legislative or judicial branch.
' (4) 'Executive official' means any member or member-elect of
an executive agency and any member of the staff or an employee of
an executive agency. A member of a state board or commission,
other than a member who is employed in full-time public service,
is not an executive official for purposes of ORS 171.725 to
171.785.
' (5) 'Judge' means an active judge serving on the Oregon
Supreme Court, Court of Appeals, Oregon Tax Court, or an Oregon
circuit court.
' (6) 'Legislative action' means introduction, sponsorship,
testimony, debate, voting or any other official action on any
measure, resolution, amendment, nomination, appointment, or
report, or any matter that may be the subject of action by either
house of the Legislative Assembly, or any committee of the
Legislative Assembly, or the approval or veto thereof by the
Governor.
' (7) '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.
' (8) 'Lobbying' means influencing, or attempting to influence,
legislative action through oral or written communication with
legislative officials, solicitation of { - others - }
{ + executive officials or other persons + } to influence or
attempt to influence legislative action or attempting to obtain
the goodwill of legislative officials.
' (9) 'Lobbyist' means:
' (a) Any individual who agrees to provide personal services
for money or any other consideration for the purpose of lobbying.
' (b) Any person not otherwise subject to paragraph (a) of this
subsection who provides personal services as a representative of
a corporation, association, organization or other group, for the
purpose of lobbying.
' (c) Any public official who lobbies.
' (10) 'Public agency' means a commission, board, agency or
other governmental body.
' (11) 'Public official' means any member or member-elect of
any public agency and any member of the staff or an employee of
the public agency.
' { + SECTION 6a. + } ORS 171.730 is amended to read:
' 171.730. The Legislative Assembly finds that, to preserve and
maintain the integrity of the legislative process, persons who
engage in efforts to { - persuade members of the Legislative
Assembly or the executive branch to take specific actions - }
{ + influence legislative action + }, either by direct
communication with { - members or employees of the Legislative
Assembly or the executive branch - } { + legislative
officials + } or by solicitation of { - others - }
{ + executive officials or other persons + } to engage in those
efforts, should regularly report their efforts to the public.
' { + SECTION 6b. + } ORS 171.735 is amended to read:
' 171.735. ORS 171.740 and 171.745 do not apply to the
following persons:
' (1) News media, or their employees or agents, that in the
ordinary course of business directly or indirectly urge
legislative action but that engage in no other activities in
connection with the legislative action.
' (2) Any legislative official acting in an official capacity.
' (3) Any individual who { - receives no - } { + does not
receive + } compensation or reimbursement of expenses for
lobbying, who limits lobbying activities solely to formal
appearances to give testimony before public sessions of
committees of the Legislative Assembly, or public hearings of
state agencies, and who, when testifying, registers an appearance
in the records of the committees or agencies.
' (4) A person who { - spends not - } { + does not
spend + } more than { + an aggregate amount of + } 24 hours
during any calendar quarter lobbying and who does not spend an
{ + aggregate + } amount in excess of $100 lobbying during any
calendar quarter.
' (5) The Governor, { - Executive Assistant to - }
{ + chief of staff for + } the Governor, { - Legal Counsel - }
{ + deputy chief of staff for the Governor, legal counsel + }
to the Governor, { + deputy legal counsel to the Governor, + }
Secretary of State, Deputy Secretary of State appointed pursuant
to ORS 177.040, State Treasurer, Chief Deputy State Treasurer
appointed pursuant to ORS 178.060, { + chief of staff for the
office of the State Treasurer, + } Attorney General, Deputy
Attorney General appointed pursuant to ORS 180.130,
Superintendent of Public Instruction, Commissioner of the Bureau
of Labor and Industries { + , members and staff of the Oregon Law
Commission who conduct the law revision program of the commission
or + } { - and - } any judge.
' { + SECTION 6c. + } ORS 171.740 is amended to read:
' 171.740. (1) Within three { - working - }
{ + business + } days after exceeding the limit of time or
expenditure specified in ORS 171.735 (4), a lobbyist shall
register with the Oregon Government Standards and Practices
Commission by filing with the commission a statement containing
the following information:
' (a) The name, address and telephone number of the lobbyist.
' (b) The name, address and telephone number of each person
that employs the lobbyist or in whose interest the lobbyist
appears or works.
' (c) A general description of the trade, business, profession
or area of endeavor of any person designated under paragraph (b)
of this subsection, and a statement by the person that the
lobbyist is officially authorized to lobby for the person.
' (d) The name of any member of the Legislative Assembly
employed, retained or otherwise compensated by:
' (A) The lobbyist designated under paragraph (a) of this
subsection; or
' (B) A person designated under paragraph (b) of this
subsection.
' (e) The general subject or subjects of the legislative action
of interest to the person for whom the lobbyist is registered.
' (2) The designation of official authorization to lobby shall
be signed by an official of each person that employs the lobbyist
or in whose interest the lobbyist appears or works.
' (3) { + A lobbyist must file a separate registration
statement under this section for each person that employs the
lobbyist or in whose interest the lobbyist appears or works. + }
If a lobbyist appears { + or works + } for a person for whom the
lobbyist has not registered, the lobbyist shall register with the
commission
{ - within three working days of the lobbyist's appearance - }
{ + not later than three business days after the day the
lobbyist first appears or works for the person + }.
' (4) If any of the information submitted by a lobbyist in the
statement required under subsection (1) of this section changes,
the lobbyist shall revise the statement within 30 days of the
change.
' (5) A lobbyist registration expires December 31 of an
odd-numbered year. If a lobbyist renews the registration before
March 31 of the following even-numbered year, the commission
shall consider the registration to have been effective as of
December 31 of the odd-numbered year on which the registration
expired.
' (6) For the statement required by this section, an entity
comprised of more than one lobbyist may file one statement for
the lobbyists { - that - } { + who + } comprise the entity.
The statement the entity files must include the names of the
individuals authorized to lobby on behalf of the client listed in
the statement.'.
In line 17, delete '6' and insert '6d'.
In line 23, after 'expended' insert 'for food, refreshments and
entertainment' and after 'lobbying' insert a period.
Delete lines 24 through 28.
Delete lines 36 through 40.
In line 41, delete '(3)' and insert '(2)'.
On page 4, delete lines 3 through 6.
In line 7, delete '(5)' and insert '(3)'.
In line 9, delete '(6)' and insert '(4)'.
After line 27, insert:
' (c) The name of each registered lobbyist or entity comprised
of more than one lobbyist to whom the person paid moneys for
lobbying activities on the person's behalf, excluding living and
travel expenses incurred for a lobbyist performing lobbying
services, and the total amount of moneys paid to that lobbyist or
entity.'.
Delete lines 28 through 32.
In line 33, delete '(3)' and insert '(2)'.
On page 5, after line 42, insert:
' (e) Not later than February 1 of each odd-numbered year,
report to the Legislative Assembly any recommended changes to
provisions of ORS 171.725 to 171.785 or this chapter.'.
On page 6, line 7, delete 'and'.
In line 9, delete the period and insert '; and
' (e) Describe the application of provisions exempting items
from the definition of 'gift' in ORS 244.020 (5)(b) and the
application of the prohibition on entertainment contained in
section 18 of this 2007 Act.'.
Delete lines 18 through 45 and insert:
' { + 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.
' (e) Not later than February 1 of each odd-numbered year,
report to the Legislative Assembly any recommended changes to
provisions of ORS 171.725 to 171.785 or this chapter.
' (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;
' (d) List criteria and establish a process for the commission
to use prosecutorial discretion to decide whether to proceed with
an inquiry or investigation; and
' (e) Describe the application of provisions exempting items
from the definition of 'gift' in ORS 244.020 (5)(b) and the
application of the prohibition on entertainment contained in
section 18 of this 2007 Act.
' (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.'.
On page 7, delete lines 1 and 2.
After line 4, insert:
' { + SECTION 9c. + } { + If House Bill 2595 becomes law,
sections 9 and 9a of this 2007 Act (amending ORS 244.290) and
section 9b of this 2007 Act are repealed and ORS 244.290, as
amended by section 3, chapter ___, Oregon Laws 2007 (Enrolled
House Bill 2595), is amended to read: + }
' 244.290. (1) The Oregon Government Ethics 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 pursuant to a resolution adopted under ORS
244.160.
' (b) Develop a filing, coding and cross-indexing system
consistent with the purposes of this chapter.
' (c) Prepare and publish reports 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.
' { + (g) Not later than February 1 of each odd-numbered
year, report to the Legislative Assembly any recommended changes
to provisions of ORS 171.725 to 171.785 or this chapter. + }
' (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;
' (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) Describe the application of provisions exempting
items from the definition of 'gift' in ORS 244.020 (5)(b) and the
application of the prohibition on entertainment contained in
section 18 of this 2007 Act; + }
' { - (f) - } { + (g) + } Specify when a continuing
violation is considered a single violation or a separate and
distinct violation for each day the violation occurs; and
' { - (g) - } { + (h) + } 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 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.
' { + (5) 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.
' (6) 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 9d. + } If House Bill 2595 becomes law, ORS
244.290, as amended by section 3, chapter ___, Oregon Laws 2007
(Enrolled House Bill 2595), and section 9c of this 2007 Act, is
amended to read:
' 244.290. (1) The Oregon Government Ethics 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 pursuant to a resolution adopted under ORS
244.160.
' (b) Develop a filing, coding and cross-indexing system
consistent with the purposes of this chapter.
' (c) Prepare and publish reports 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.
' (g) Not later than February 1 of each odd-numbered year,
report to the Legislative Assembly any recommended changes to
provisions of ORS 171.725 to 171.785 or this chapter.
' (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;
' (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) Describe the application of provisions exempting items
from the definition of 'gift' in ORS 244.020 (5)(b) and the
application of the prohibition on entertainment contained in
section 18 of this 2007 Act;
' (g) Specify when a continuing violation is considered a
single violation or a separate and distinct violation for each
day the violation occurs; and
' (h) 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 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.
' (5) 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. - }
' (6) 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 9e. + } { + If House Bill 2595 becomes law,
the amendments to ORS 244.290 by section 9d of this 2007 Act
become operative January 1, 2010. + } ' .
After line 26, insert:
' (4)(a) Except as provided in paragraph (b) of this
subsection, the commission shall report, in the manner described
in ORS 192.245, to the Legislative Assembly violations of any
provision of ORS 171.740 to 171.762, or any rule adopted under
ORS 171.725 to 171.785, for which a penalty is imposed under this
section. The report shall include the name of the person against
whom the penalty was imposed and describe the nature of the
violation.
' (b) The commission shall adopt rules specifying conditions
under which repeated violations of ORS 171.745 or 171.750
involving a failure to file required statements in a timely
fashion are reported to the Legislative Assembly.'.
In line 27, delete '(4)' and insert '(5)'.
On page 8, after line 14, insert:
' { + SECTION 11a. + } { + If House Bill 2595 becomes law,
section 11 of this 2007 Act (amending ORS 244.350) is repealed
and ORS 244.350, as amended by section 18, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 2595), is amended to read: + }
' 244.350. (1) The Oregon Government Ethics Commission may
impose civil penalties not to exceed:
' (a) Except as provided in paragraph (b) of this subsection,
$5,000 for violation of any provision of this chapter or any
resolution adopted under 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 violation of any provision of ORS 192.660.
' (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 { +
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.
' (b) Failure to file the required statement in timely fashion
is prima facie evidence of a violation of ORS 244.050 { + or
244.100 or section 35 of this 2007 Act + }.
' (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.
' (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.
{ + ' (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. + } ' .
After line 24, insert:
' { + SECTION 12a. + } { + If House Bill 2595 becomes law,
section 12 of this 2007 Act (amending ORS 244.360) is repealed
and ORS 244.360, as amended by section 19, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 2595), is amended to read: + }
' 244.360. 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.'.
On page 14, line 30, after 'relative' insert 'or member of the
household'.
In line 32, after 'relatives' insert 'or members of the
household'.
In line 40, after 'relatives' insert 'or members of the
household of the public official'.
Delete line 41.
In line 42, delete '(D)' and insert '(C)'.
In line 43, after the second 'item' insert ', with a resale
value reasonably expected to be less than $25'.
In line 44, delete '(E) Unsolicited' and insert '(D)'.
On page 15, line 1, delete '(F)' and insert '(E)'.
In line 5, delete '(G)' and insert '(F)'.
Delete line 13 and insert '174.111, a local government as
defined in ORS 174.116 or a special government body as defined in
ORS 174.117.'.
In line 14, delete '(H)' and insert '(G)'.
Delete lines 16 through 25 and insert:
' (H) Reasonable food, travel or lodging expenses provided to a
public official, a relative of the public official accompanying
the public official, a member of the household of the public
official accompanying the public official or a staff member of
the public official accompanying the public official, when the
public official is representing state government as defined in
ORS 174.111, a local government as defined in ORS 174.116 or a
special government body as defined in ORS 174.117:
' (i) On an officially sanctioned trade-promotion or
fact-finding mission; or
' (ii) In officially designated negotiations, or economic
development activities, where receipt of the expenses is approved
in advance.
' (I) Food or beverage consumed by a public official acting in
an official capacity:
' (i) In association with the review, approval, execution of
documents or closing of a borrowing, investment or other
financial transaction, including any business agreement between
state government as defined in ORS 174.111, a local government as
defined in ORS 174.116 or a special government body as defined in
ORS 174.117 and a private entity or public body as defined in ORS
174.109;'.
In line 31, delete '(K)' and insert '(J)'.
In line 34, delete '(L)' and insert '(K)'.
In line 37, delete '(M)' and insert '(L)'.
After line 39, insert:
' (M) Entertainment provided to a public official or a relative
or member of the household of the public official that is
incidental to the main purpose of another event.
' (N) Entertainment provided to a public official or a relative
or member of the household of the public official where the
public official is acting in an official capacity while
representing state government as defined in ORS 174.111, a local
government as defined in ORS 174.116 or a special government body
as defined in ORS 174.117 for a ceremonial purpose.'.
On page 16, line 39, delete 'officer' and insert 'elected
official, appointed official'.
In line 41, after 'means' insert a colon and delete the rest of
the line.
Delete lines 42 and 43 and insert:
' (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;
' (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; or
' (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.'.
In line 45, after '244.080' insert 'or 244.100'.
On page 17, after line 7, insert:
' { + SECTION 16a. + } { + If House Bill 2595 becomes law,
section 16 of this 2007 Act (amending ORS 244.020) is repealed
and ORS 244.020, as amended by section 8, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 2595), 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) - } { + (11) + } 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 - } { + listed as a source of income as
required under ORS 244.060 (3) + }.
' { - (4) 'Commission' means the Oregon Government Ethics
Commission. - }
' { - (5) - } { + (4) + } '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) - } { + (5)(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 household + } 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) An unsolicited token or award of appreciation in the form
of a plaque, trophy, desk item, wall memento or similar item,
with a resale value reasonably expected to be less than $25.
' (D) Informational material, publications or subscriptions
related to the recipient's performance of official duties.
' (E) 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.
' (F) Reasonable expenses paid by any unit of the federal
government, a state or local government, a Native American Tribe
that is recognized by federal law or formally acknowledged by a
state, a membership organization to which a public body as
defined in ORS 174.109 pays membership dues or a not-for-profit
corporation that is tax exempt under section 501(c)(3) of the
Internal Revenue Code and that receives less than five percent of
its funding from for-profit organizations or entities, for
attendance at a convention, fact-finding mission or trip, or
other meeting if the public official is scheduled to deliver a
speech, make a presentation, participate on a panel or represent
state government as defined in ORS 174.111, a local government as
defined in ORS 174.116 or a special government body as defined in
ORS 174.117.
' (G) Contributions made to a legal expense trust fund
established under section 31 of this 2007 Act for the benefit of
the public official.
' (H) Reasonable food, travel or lodging expenses provided to a
public official, a relative of the public official accompanying
the public official, a member of the household of the public
official accompanying the public official or a staff member of
the public official accompanying the public official, when the
public official is representing state government as defined in
ORS 174.111, a local government as defined in ORS 174.116 or a
special government body as defined in ORS 174.117:
' (i) On an officially sanctioned trade-promotion or
fact-finding mission; or
' (ii) In officially designated negotiations, or economic
development activities, where receipt of the expenses is approved
in advance.
' (I) Food or beverage consumed by a public official acting in
an official capacity:
' (i) In association with the review, approval, execution of
documents or closing of a borrowing, investment or other
financial transaction, including any business agreement between
state government as defined in ORS 174.111, a local government as
defined in ORS 174.116 or a special government body as defined in
ORS 174.117 and a private entity or public body as defined in ORS
174.109;
' (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.
' (J) Waiver or discount of registration expenses or materials
provided to a public official at a continuing education event
that the public official may attend to satisfy a professional
licensing requirement.
' (K) Expenses provided by one public official to another
public official for travel inside this state to or from an event
that bears a relationship to the receiving public official's
office and at which the official participates in an official
capacity.
' (L) Food or beverage consumed by a public official at a
reception where the food or beverage is provided as an incidental
part of the reception and no cost is placed on the food or
beverage.
' (M) Entertainment provided to a public official or a relative
or member of the household of the public official that is
incidental to the main purpose of another event.
' (N) Entertainment provided to a public official or a relative
or member of the household of the public official where the
public official is acting in an official capacity while
representing state government as defined in ORS 174.111, a local
government as defined in ORS 174.116 or a special government body
as defined in ORS 174.117 for a ceremonial purpose. + }
' { - (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) - } { + (6) + } { - ' 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) - } { + (7) + } 'Income' means income of any
nature derived from any source, including, but not limited to,
any salary, wage, advance, payment, dividend, interest, rent,
{ - honoraria - } { + honorarium + }, return of capital,
forgiveness of indebtedness, or anything of economic value.
' { - (10) - } { + (8) + } 'Legislative or administrative
interest' means an economic interest, distinct from that of the
general public, in one or more bills, resolutions, regulations,
proposals or other matters subject to the action or vote of a
person acting in the capacity of a public official.
' { - (11) 'Legislative official' means any member or
member-elect of the Legislative Assembly, any member of an
agency, board or committee that is part of the legislative branch
and any staff person, assistant or employee thereof. - }
' { - (12) 'Member of household' means any relative who
resides with the public official. - }
' { + (9) 'Member of the household' means any person who
resides with the public official. + }
' { - (13) - } { + (10) + } 'Planning commission' means a
county planning commission created under ORS chapter 215 or a
city planning commission created under ORS chapter 227.
' { - (14) - } { + (11) + } '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.
' (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.
' { + (12) 'Public office' has the meaning given that term in
ORS 260.005. + }
' { - (15) - } { + (13) + } '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 - } { + the + } services.
' { - (16) - } { + (14) + } '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. - } { + :
' (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;
' (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; or
' (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) - } { + (15) + } 'Statement of economic interest'
means a statement as described by ORS 244.060 to 244.080 { + or
244.100 + }.
' { - (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) - } { + (16) + } '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.'.
In line 17, after 'relative' insert 'or member of the
household' in both places.
In line 23, after 'relative' insert 'or member of the
household'.
In line 28, after 'relative' insert 'or member of the
household'.
In line 31, after 'relative' insert 'or member of the
household'.
In line 35, after 'relative' insert 'or member of the
household'.
On page 18, after line 28, insert:
' (5) A person who has ceased to be a public official may not
attempt to further or further the personal gain of any person
through the use of confidential information gained in the course
of or by reason of holding position as a public official or the
activities of the person as a public official.'.
In line 29, restore '(6)' and delete '(5)'.
In line 32, delete '(6)' and insert '(7)'.
In line 35, after 'relative' insert 'or member of the
household'.
In line 43, after 'relative' insert 'or member of the
household'.
On page 19, line 3, after 'relative' insert 'or member of the
household'.
Delete lines 5 and 6 and insert:
' (4) Notwithstanding subsection (1) of this section:
' (a) A public official, a 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, any
gift of payment of expenses for entertainment 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.
' (b) 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 any gift of
payment of expenses for entertainment.
' (c) 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 any gift of payment of expenses for entertainment.
' (5) This section does not apply to public officials subject
to the Oregon Code of Judicial Conduct.'.
In line 9, delete 'person' and insert 'public official or
candidate for public office'.
After line 37, insert:
' (5) The name of each member of the household of the person
who is 18 years of age or older.
' (6) The name of each relative of the person who is 18 years
of age or older and not a member of the household of the
person.'.
On page 20, line 43, delete '(5)(b)(G)' and insert '
(5)(b)(F)'.
After line 45, insert:
' (b) Any expenses with an aggregate value exceeding $50
received by the public official when participating in a mission
or negotiations or economic development activities described in
ORS 244.020 (5)(b)(H). The statement shall include the name and
address of the person paying the expenses, the nature of the
event and the date and amount of the expenditure.'.
On page 21, line 1, delete '(b)' and insert '(c)'.
In line 5, delete '(c)' and insert '(d)'.
In line 17, delete '(5)(b)(G)' and insert '(5)(b)(F)'.
After line 25, insert:
' { + SECTION 21a. + } { + If House Bill 2595 becomes law,
section 21 of this 2007 Act (amending ORS 244.100) is repealed
and ORS 244.100, as amended by section 6, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 2595), is amended to read: + }
' 244.100. { - In addition to any disclosures or reports
required under 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 $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 the expenses are
incurred. - }
' { + (1) A public official or candidate for public office
who is required to file a statement of economic interest under
ORS 244.050 shall file with the Oregon Government Standards and
Practices Commission, according to the schedule set forth in
section 23 of this 2007 Act, a statement showing for the
applicable reporting period:
' (a) Any expenses with an aggregate value exceeding $50
received by the public official when participating in a
convention, mission, trip or other meeting described in ORS
244.020 (5)(b)(F). The statement shall include the name and
address of the organization or unit of government paying the
expenses, the nature of the event and the date and amount of the
expenditure.
' (b) Any expenses with an aggregate value exceeding $50
received by the public official when participating in a mission
or negotiations or economic development activities described in
ORS 244.020 (5)(b)(H). The statement shall include the name and
address of the person paying the expenses, the nature of the
event and the date and amount of the expenditure.
' (c) All honoraria allowed under section 24 of this 2007 Act
exceeding $15 received by the public official, candidate or
member of the household of the official or candidate, the payer
of each honorarium and the date and time of the event for which
the honorarium was received.
' (d) Each source of income exceeding an aggregate amount of
$1,000, whether or not taxable, received by the public official
or candidate for public office, or a member of the household of
the public official or candidate, if the source of that income is
derived from an individual or business that has been doing
business, does business or could reasonably be expected to do
business with, or has legislative or administrative interest in,
the governmental agency of 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) In addition to statements required under subsection (1)
of this section:
' (a) Any organization or unit of government that provides a
public official with expenses with an aggregate value exceeding
$50 for an event described in ORS 244.020 (5)(b)(F) shall notify
the public official in writing of the amount of the expense. The
organization or unit shall provide the notice to the public
official within 10 days from the date the expenses are incurred.
' (b) Any person that provides a public official or a member of
the household of a public official with an honorarium or other
item allowed under section 24 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. + } ' .
In line 26, delete 'Section 23 of this 2007 Act is' and insert
'Sections 23 and 23a of this 2007 Act are'.
In line 36, delete '7' and insert '15'.
After line 37, insert:
' { + SECTION 23a. + } { + (1) As used in this section:
' (a) 'Public body' has the meaning given that term in ORS
174.109.
' (b) 'Public contract' has the meaning given that term in ORS
279A.010.
' (2) Except as provided in subsection (3) of this section, a
person may not, for two years after the person ceases to hold a
position as a public official, have a direct beneficial financial
interest in a public contract that was authorized by:
' (a) The person acting in the capacity of a public official;
or
' (b) A board, commission, council, bureau, committee or other
governing body of a public body of which the person was a member
when the contract was authorized.
' (3) Subsection (2) of this section does not apply to a person
who was a member of a board, commission, council, bureau,
committee or other governing body of a public body when the
contract was authorized, but who did not participate in the
authorization of the contract. + } ' .
On page 22, after line 27, insert:
' { + SECTION 25a. + } { + If House Bill 2595 becomes law,
section 25 of this 2007 Act (amending ORS 244.280) is repealed
and ORS 244.280, as amended by section 12, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 2595), is amended to read: + }
' 244.280. (1) Upon the written request of any person, or upon
its own motion, the Oregon Government Ethics Commission, under
signature of the chairperson, may issue and publish written
commission advisory opinions on the application of any provision
of this chapter to any proposed transaction or action or any
actual or hypothetical 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.'.
On page 24, delete lines 5 through 8 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. The legal expenses must be
incurred in connection with:
' (a) The issuance of a court's stalking protective order under
ORS 30.866 or 163.738;
' (b) The issuance of a citation under ORS 163.735;
' (c) A criminal prosecution under ORS 163.732;
' (d) A civil action under ORS 30.866; or
' (e) Defending the public official in a proceeding or
investigation brought or maintained by a public body as defined
in ORS 174.109.'.
On page 27, after line 38, insert:
' { + SECTION 38a. + } 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, 244.090 or
244.100 { + or by rule + } 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.
' { + SECTION 38b. + } { + If House Bill 2595 becomes law,
section 38a of this 2007 Act (amending ORS 244.110) is
repealed. + } ' .
After line 44, insert:
' { + SECTION 39a. + } ORS 244.390, as amended by section 2,
chapter ___, Oregon Laws 2007 (Enrolled House Bill 2595), is
amended to read:
' 244.390. (1) 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 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.
' { + SECTION 39b. + } Section 5, chapter ___, Oregon Laws
2007 (Enrolled House Bill 2595), is amended to read:
' { + Sec. 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 39c. + } Section 14, chapter ___, Oregon Laws
2007 (Enrolled House Bill 2595), is amended to read:
' { + Sec. 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 39d. + } Section 15, chapter ___, Oregon Laws
2007 (Enrolled House Bill 2595), is amended to read:
' { + Sec. 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
advisory opinion under section 14 { + , chapter ___, Oregon Laws
2007 (Enrolled House Bill 2595), + } { - 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 39e. + } Section 40b, chapter ___, Oregon Laws
2007 (Enrolled House Bill 2595), is amended to read:
' { + Sec. 40b. + } (1) The amendments to ORS 244.250 by
section 1 { + , chapter ___, Oregon Laws 2007 (Enrolled House
Bill 2595), + } { - 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 { + ,
chapter ___, Oregon Laws 2007 (Enrolled House Bill 2595), + }
{ - 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
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.
' { + (5) Any reference to the Oregon Government Standards
and Practices Commission in an Act enacted by the Seventy-fourth
Legislative Assembly and not published in Oregon Revised Statutes
is considered a reference to the Oregon Government Ethics
Commission.
' (6) Any reference to the Oregon Government Standards and
Practices Commission Account in an Act enacted by the
Seventy-fourth Legislative Assembly and not published in Oregon
Revised Statutes is considered a reference to the Oregon
Government Ethics Commission Account. + } ' .
Delete line 45 and insert:
' { + SECTION 40. + } (1) Sections 1 to 5, 15a, 15b, 18, 22,
23, 23a, 24, 28 and 29 to 37 of this 2007 Act and the amendments
to ORS 171.725, 171.730, 171.735, 171.740, 171.745, 171.750,
171.772, 171.992, 244.020, 244.040, 244.045, 244.050, 244.060,
244.070, 244.100, 244.110, 244.280, 244.290, 244.350, 244.360,
260.407, 293.708, 351.067 and 353.270 by sections 6 to 8, 9, 10
to 15, 16, 17, 19 to 21, 25 to 27, 38 and 38a of this 2007 Act
become operative January 1, 2008.'.
On page 28, delete lines 1 through 4.
In line 12, delete '6' and insert '6d'.
In line 14, delete '6' and insert '6d'.
On page 29, after line 27, insert:
' { + SECTION 46. + } { + (1) Except as provided in
subsections (2) and (3) of this section, section 23a of this 2007
Act and the amendments to ORS 244.040 (5) by section 17 of this
2007 Act apply to public officials who cease to hold positions as
public officials on or after January 1, 2008.
' (2) Except as provided in subsection (3) of this section,
section 23a of this 2007 Act and the amendments to ORS 244.040
(5) by section 17 of this 2007 Act apply to public officials
holding elective public office whose terms of office begin, or
who are appointed to the office, on or after January 1, 2008.
' (3) Section 23a of this 2007 Act applies to an individual who
ceases to hold the position of State Treasurer on or after
January 1, 2008. + }
' { + SECTION 47. + } If House Bill 2595 becomes law, section
40 of this 2007 Act is amended to read:
' { + Sec. 40. + } (1) Sections 1 to 5, 15a, 15b, 18, 22, 23,
23a, 24, 28 and 29 to 37 of this 2007 Act and the amendments to
ORS 171.725, 171.730, 171.735, 171.740, 171.745, 171.750,
171.772, 171.992, 244.020, 244.040, 244.045, 244.050, 244.060,
244.070, 244.100, 244.110, 244.280, 244.290, 244.350, 244.360,
260.407, 293.708, 351.067 and 353.270 by sections 6 to 8,
{ - 9 - } { + 9c + }, 10 { + , 11a, 12a, 13 + } to 15,
{ - 16 - } { + 16a + }, 17, 19 { - to 21 - } , { + 20,
21a, + } { - 25 to - } { + 25a, 26, + } 27, 38 and 38a of
this 2007 Act become operative January 1, 2008.
' (2) The Oregon Government { - Standards and Practices - }
{ + Ethics + } Commission and any other public body as defined
in ORS 174.109 may adopt rules or take any other action before
the operative date specified in subsection (1) of this section
that is necessary to enable the commission or public body 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 or public body by this 2007 Act.
' { + SECTION 48. + } If House Bill 2595 becomes law, section
41 of this 2007 Act is amended to read:
' { + Sec. 41. + } (1) Section 5 of this 2007 Act and the
amendments to ORS 171.745 and 171.750 by sections 6d and 7 of
this 2007 Act apply to statements required to be filed for
reporting periods beginning on or after January 1, 2008.
' (2) The first statement filed under ORS 171.745, as amended
by section 6d of this 2007 Act, shall include amounts expended
prior to January 1, 2008, that were not included in a statement
filed prior to January 1, 2008.
' (3) Notwithstanding ORS 171.750, as amended by section 7 of
this 2007 Act, a person required to file a statement under ORS
171.750 for the calendar year 2007 shall file the statement not
later than January 31, 2008.
' (4) The amendments to ORS 171.772 and 244.290 by sections 8
and { - 9 - } { + 9c + } of this 2007 Act apply to statements
required to be filed on or after January 1, 2008.
' (5) The amendments to ORS 171.992 and 244.350 by sections 10
and { - 11 - } { + 11a + } of this 2007 Act apply to:
' (a) Violations of any provision of ORS 171.740 to 171.762,
any rule adopted under ORS 171.725 to 171.785, ORS chapter 244 or
any resolution adopted under ORS { - chapter 244 - } { +
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.
' (6) The amendments to ORS 244.360 by section { - 12 - }
{ + 12a + } of this 2007 Act apply to violations of any
provision of ORS chapter 244 occurring prior to, on or after
January 1, 2008.
' (7) The amendments to ORS 244.050 by section 13 of this 2007
Act apply to statements of economic interest required to be filed
on or after January 1, 2008.
' (8) The amendments to ORS 260.407 by section 14 of this 2007
Act apply to expenditures or distributions of contributions made
on or after January 1, 2008.
' (9) The amendments to ORS 244.045 by section 15 of this 2007
Act apply to persons who cease being members of the Legislative
Assembly on or after January 1, 2008.
' { + SECTION 49. + } If House Bill 2595 becomes law, section
42 of this 2007 Act is amended to read:
' { + Sec. 42. + } (1) Section 18 of this 2007 Act applies to
gifts received or made on or after January 1, 2008.
' (2) The amendments to ORS 244.020 and 244.040 by sections
{ - 16 - } { + 16a + } and 17 of this 2007 Act apply to
activities that occur on or after January 1, 2008.
' (3) Section 24 of this 2007 Act applies to honoraria
solicited or received on or after January 1, 2008.
' (4) The amendments to ORS 244.060 and 244.100 by sections 19
and { - 21 - } { + 21a + } of this 2007 Act apply to expenses
received or paid on or after January 1, 2008. A public official
shall list on the first statement of economic interest filed
after January 1, 2008, all expenses the public official received
prior to January 1, 2008, that were:
' (a) Required to be reported under ORS 244.060 on the day
before January 1, 2008; 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 26
and 27 of this 2007 Act apply to compensation received on or
after January 1, 2008.
' { + SECTION 50. + } If House Bill 2595 becomes law, section
43 of this 2007 Act is amended to read:
' { + Sec. 43. + } (1) Sections 29 to 37 of this 2007 Act and
the amendments to ORS 244.020, 244.040 and 244.350 by sections
{ - 11, 16 - } { + 11a, 16a + } and 17 of this 2007 Act apply
to legal expense trust funds established for legal proceedings
commenced prior to, on or after January 1, 2008.
' (2) The amendments to ORS 244.020 and 244.040 by sections
{ - 16 - } { + 16a + } and 17 of this 2007 Act apply to
contributions made to legal expense trust funds on or after
January 1, 2008.
' { + SECTION 51. + } If House Bill 2595 becomes law, section
45 of this 2007 Act is amended to read:
' { + Sec. 45. + } (1) The amendments to ORS 244.020,
244.050, 244.060 and 244.070 by sections 13, { - 16 - } { +
16a + }, 19 and 20 of this 2007 Act apply to statements required
to be filed with the Oregon Government { - Standards and
Practices - } { + Ethics + } Commission for reporting periods
beginning on or after January 1, 2008.
' (2) Section 23 of this 2007 Act and the amendments to ORS
244.100 by section { - 21 - } { + 21a + } of this 2007 Act
apply to statements required to be filed and notices required to
be provided for reporting periods beginning on or after January
1, 2008.'.
In line 28, delete '46' and insert '52'.
In line 31, delete '47' and insert '53'.
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