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 910
 
                         Senate Bill 72
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Secretary of State Bill
  Bradbury)
 
 
                             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.
 
  Expands definition of persons who may be held accountable for
loss of public funds or property in amount of $100 or more.
Directs state agencies to report discovery of loss within 30 days
after discovery. Directs Division of Audits to determine whether
to investigate loss within 30 days after receipt of report.
 
                        A BILL FOR AN ACT
Relating to Division of Audits investigations; creating new
  provisions; and amending ORS 297.110 and 297.120.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 297.110 is amended to read:
  297.110. As used in  { + this section and + } ORS  { + 291.226
and + } 297.120
  { - and 297.210 - } :
  (1)   { -  ' Public officer' means any elected or appointed
state officer, including members of boards and commissions. - }
 { +  'Public official' means any person who is serving a state
agency as an officer, employee, member, agent or otherwise,
regardless of whether the person is compensated for the person's
services. + }
  (2) 'State agency' means any state department, division, bureau
or other agency or body headed by an elected or appointed state
officer or member of a board or commission.
  SECTION 2. ORS 297.120 is amended to read:
  297.120.  { + (1) + } When a state agency sustains a loss of
 { + $100 or more of + } public funds or property under
circumstances involving a public   { - officer - }
 { + official + } who is entrusted with the custody of the funds
or property or who is charged with the duty to account for the
funds or property, the agency shall { + , within 30 days after
discovery of the loss, + } report the loss in writing to the
Division of Audits.
   { +  (2) + } Within 30 days   { - of discovering the loss of
public funds or property - }  { +  after receiving the report
under subsection (1) of this section + }, the   { - Division of
Audits may - }   { + division shall determine whether to + }
investigate the loss { + .
  (3) If the division investigates a loss, the division shall + }
  { - and - }  prepare a report   { - respecting - }
 { + regarding + } the accountability of the public
 { - officer - }   { + official + } for the loss. The report
shall be presented to the Governor.
  SECTION 3.  { + The amendments to ORS 297.110 and 297.120 by
sections 1 and 2 of this 2007 Act apply to discoveries of losses
by state agencies occurring on or after the effective date of
this 2007 Act. + }
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