75th OREGON LEGISLATIVE ASSEMBLY--2009 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 278
 
                         House Bill 2504
 
Sponsored by Representative HUFFMAN; Representatives BENTZ,
  BERGER, ESQUIVEL, FREEMAN, GARRARD, GILLIAM, GILMAN, HANNA,
  JENSON, MAURER, G SMITH, THATCHER, WHISNANT
 
 
                             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.
 
  Modifies required contents of statement of economic interest.
Removes requirement that certain county, city and local public
officials file statement of economic interest.
  Prevents disclosure of home address and home telephone number
of public safety officer contained in statements filed with
Oregon Government Ethics Commission.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to government ethics; creating new provisions; amending
  ORS 244.050, 244.055, 244.060 and 244.290; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 244.050 is amended to read:
  244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Ethics Commission a
verified statement of economic interest as required under this
chapter:
  (a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
  (b) Any judicial officer, including justices of the peace and
municipal judges, except any pro tem judicial officer who does
not otherwise serve as a judicial officer.
  (c) Any candidate for a public office designated in paragraph
(a) or (b) of this subsection.
  (d) The Deputy Attorney General.
  (e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
  (f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
  (g) The following state officers:
  (A) Adjutant General.
  (B) Director of Agriculture.
  (C) Manager of State Accident Insurance Fund Corporation.
  (D) Water Resources Director.
  (E) Director of Department of Environmental Quality.
  (F) Director of Oregon Department of Administrative Services.
  (G) State Fish and Wildlife Director.
  (H) State Forester.
  (I) State Geologist.
  (J) Director of Human Services.
  (K) Director of the Department of Consumer and Business
Services.
  (L) Director of the Department of State Lands.
  (M) State Librarian.
  (N) Administrator of Oregon Liquor Control Commission.
  (O) Superintendent of State Police.
  (P) Director of the Public Employees Retirement System.
  (Q) Director of Department of Revenue.
  (R) Director of Transportation.
  (S) Public Utility Commissioner.
  (T) Director of Veterans' Affairs.
  (U) Executive Director of Oregon Government Ethics Commission.
  (V) Director of the State Department of Energy.
  (W) Director and each assistant director of the Oregon State
Lottery.
  (h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
    { - (i) Every elected city or county official. - }
    { - (j) Every member of a city or county planning, zoning or
development commission. - }
    { - (k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county. - }
    { - (L) Members of local government boundary commissions
formed under ORS 199.410 to 199.519. - }
    { - (m) Every member of a governing body of a metropolitan
service district and the executive officer thereof. - }
    { - (n) - }  { +  (i) + } Each member of the board of
directors of the State Accident Insurance Fund Corporation.
    { - (o) - }  { +  (j) + } The chief administrative officer
and the financial officer of each common and union high school
district, education service district and community college
district.
    { - (p) - }  { +  (k) + } Every member of the following state
boards and commissions:
  (A) Board of Geologic and Mineral Industries.
  (B) Oregon Economic and Community Development Commission.
  (C) State Board of Education.
  (D) Environmental Quality Commission.
  (E) Fish and Wildlife Commission of the State of Oregon.
  (F) State Board of Forestry.
  (G) Oregon Government Ethics Commission.
  (H) Oregon Health Policy Commission.
  (I) State Board of Higher Education.
  (J) Oregon Investment Council.
  (K) Land Conservation and Development Commission.
  (L) Oregon Liquor Control Commission.
  (M) Oregon Short Term Fund Board.
  (N) State Marine Board.
  (O) Mass transit district boards.
  (P) Energy Facility Siting Council.
  (Q) Board of Commissioners of the Port of Portland.
  (R) Employment Relations Board.
  (S) Public Employees Retirement Board.
  (T) Oregon Racing Commission.
  (U) Oregon Transportation Commission.
  (V) Wage and Hour Commission.
  (W) Water Resources Commission.
  (X) Workers' Compensation Board.
  (Y) Oregon Facilities Authority.
  (Z) Oregon State Lottery Commission.
  (AA) Pacific Northwest Electric Power and Conservation Planning
Council.
  (BB) Columbia River Gorge Commission.
  (CC) Oregon Health and Science University Board of Directors.
    { - (q) - }  { +  (L) + } The following officers of the State
Treasurer:
  (A) Chief Deputy State Treasurer.
  (B) Chief of staff for the office of the State Treasurer.
  (C) Director of the Investment Division.
    { - (r) - }  { +  (m) + } Every member of the board of
commissioners of a port governed by ORS 777.005 to 777.725 or
777.915 to 777.953.
    { - (s) - }  { +  (n) + } Every member of the board of
directors of an authority created under ORS 441.525 to 441.595.
  (2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
Oregon Government Ethics Commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
  (3) By April 15 next after the filing deadline for the primary
election, each candidate for public office described in
subsection (1) of this section shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
  (4) Within 30 days after the filing deadline for the general
election, each candidate for public office described in
subsection (1) of this section who was not a candidate in the
preceding primary election, or who was nominated for public
office described in subsection (1) of this section at the
preceding primary election by write-in votes, shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
  (5) Subsections (1) to (4) of this section apply only to
persons who are incumbent, elected or appointed public officials
as of April 15 and to persons who are candidates for public
office on April 15. Subsections (1) to (4) of this section also
apply to persons who do not become candidates until 30 days after
the filing deadline for the statewide general election.
  (6) If a statement required to be filed under this section has
not been received by the commission within five days after the
date the statement is due, the commission shall notify the public
official or candidate and give the public official or candidate
not less than 15 days to comply with the requirements of this
section. If the public official or candidate fails to comply by
the date set by the commission, the commission may impose a civil
penalty as provided in ORS 244.350.
  SECTION 2. ORS 244.055 is amended to read:
  244.055. (1) In addition to the statement required by ORS
244.050, the State Treasurer and any person listed under ORS
244.050   { - (1)(q) - }   { + (1)(L) + } and this subsection
shall file quarterly at a time fixed by the State Treasurer a
trading statement listing all stocks, bonds and other types of
securities purchased or sold during the preceding quarter:
  (a) Directors of the Cash Management Division and the Debt
Management Division.
  (b) Equities, fixed income, short term fund, real estate,
equities real estate and commercial and mortgage real estate
investment officers and assistant investment officers.
  (c) Fixed income and short term fund investment analysts.
  (2) The statement required by subsection (1) of this section
shall be filed for review with the State Treasurer, the Attorney
General and the Division of Audits of the office of the Secretary
of State. The content of the statement is confidential.
 
  (3) If the State Treasurer or the Chief Deputy State Treasurer
determines that a conflict of interest exists for an officer or
employee, the State Treasurer shall subject the person to
appropriate discipline, including dismissal or termination of the
contract, or both, pursuant to rule. If the State Treasurer has
cause to believe that a violation of this chapter has occurred,
the State Treasurer shall file a complaint with the Oregon
Government Ethics Commission under ORS 244.260.
  (4) If the State Treasurer fails to act on an apparent conflict
of interest under subsection (3) of this section or if the
statement of the State Treasurer or the Chief Deputy State
Treasurer appears to contain a conflict of interest, the Director
of the Division of Audits shall report the failure or apparent
conflict to the Attorney General, who may file a complaint with
the commission.
  SECTION 3. 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
Ethics Commission. The 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 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, and
the principal address and a brief description of each business.
  (2) All names under which the person and members of the
household of the person do business and the principal address and
a brief description of each business.
  (3) The names, principal addresses and brief descriptions of
the five most significant sources of income received at any time
during the preceding calendar year by the person and by each
member of the household of the person, a description of the type
of income and the name of the person receiving the income.
  (4)(a) A list of all real property in which the public official
or candidate 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 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) This subsection does not require the listing of the
principal residence of the public official or candidate.
  (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. - }
  SECTION 4. ORS 244.290 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)  { + Except as provided in subsection (7) of this
section, + } 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 ORS
244.025;
  (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, 244.100 and 244.217 may be filed, without a fee, with
the commission in an electronic format. The commission shall
accept statements filed under ORS 244.050, 244.100 and 244.217 in
a format that is not electronic.
  (6) The commission shall make statements filed under ORS
244.050, 244.100 and 244.217, including statements that are not
filed in an electronic format, available in a searchable format
for review by the public using the Internet.
   { +  (7) The commission may not disclose to the public the
home address or home telephone number of a public safety officer,
as defined in ORS 181.610, contained in statements or other
information filed with the commission. + }
  SECTION 5. ORS 244.290, as amended by section 9d, chapter 877,
Oregon Laws 2007, 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)  { + Except as provided in subsection (7) of this
section, + } 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 ORS
244.025;
  (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, 244.100 and 244.217 must be filed, without a fee, with
the commission in an electronic format.
  (6) The commission shall make statements filed under ORS
244.050, 244.100 and 244.217 available in a searchable format for
review by the public using the Internet.
   { +  (7) The commission may not disclose to the public the
home address or home telephone number of a public safety officer,
as defined in ORS 181.610, contained in statements or other
information filed with the commission. + }
  SECTION 6.  { + The amendments to ORS 244.050 and 244.060 by
sections 1 and 3 of this 2009 Act apply to statements due on or
after the effective date of this 2009 Act. + }
  SECTION 7.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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