75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 30
LC 1340/SB 30-33
SENATE AMENDMENTS TO
SENATE BILL 30
By COMMITTEE ON RULES
March 30
On page 1 of the printed bill, line 2, delete 'and' and delete
'244.060' and insert '171.745, 171.750, 244.010, 244.020,
244.025, 244.040, 244.042, 244.050, 244.060, 244.070, 244.100,
244.105, 244.110, 244.255, 244.282, 244.290, 244.320, 244.350,
244.380, 244.390, 293.708 and 441.540 and sections 8b and 9e,
chapter 877, Oregon Laws 2007; and declaring an emergency'.
Delete lines 4 through 30 and delete page 2 and insert:
' { + SECTION 1. + } ORS 244.010 is amended to read:
' 244.010. (1) The Legislative Assembly declares that service
as a public official is a public trust and that, as one safeguard
for that trust, the people require all public officials to comply
with the applicable provisions of this chapter.
' { + (2) The Legislative Assembly recognizes and values the
work of all public officials, whether elected or appointed.
' (3) The Legislative Assembly recognizes that many public
officials are volunteers and serve without compensation. + }
' { - (2) - } { + (4) + } The Legislative Assembly
recognizes that it is the policy of the state to have serving on
many state and local boards and commissions state and local
officials who may have potentially conflicting public
responsibilities by virtue of their positions as public officials
and also as members of the boards and commissions, and declares
it to be the policy of the state that the holding of such offices
does not constitute the holding of incompatible offices unless
expressly stated in the enabling legislation.
' { + (5) The Legislative Assembly recognizes that public
officials should put loyalty to the highest ethical standards
above loyalty to government, persons, political party or private
enterprise.
' (6) The Legislative Assembly recognizes that public officials
should not make private promises that are binding upon the duties
of a public official, because a public official has no private
word that can be binding on public duty.
' (7) The Legislative Assembly recognizes that public officials
should expose corruption wherever discovered.
' (8) The Legislative Assembly recognizes that public officials
should uphold the principles described in this section, ever
conscious of the public's trust. + }
' { + SECTION 2. + } ORS 244.020 is amended to read:
' 244.020. As used in this chapter, unless the context requires
otherwise:
' (1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or the person's
relative or any business with which the person or a relative of
the person is associated unless the pecuniary benefit or
detriment arises out of circumstances described in subsection
{ - (11) - } { + (12) + } of this section.
' (2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
or a relative of the public official is associated only as a
member or board director or in a nonremunerative capacity.
' (3) 'Business with which the person is associated' means:
' (a) Any private business or closely held corporation of which
the person or the person's relative is a director, officer, owner
or employee, or agent or any private business or closely held
corporation in which the person or the person's relative owns or
has owned stock, another form of equity interest, stock options
or debt instruments worth $1,000 or more at any point in the
preceding calendar year;
' (b) Any publicly held corporation in which the person or the
person's relative owns or has owned $100,000 or more in stock or
another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;
' (c) Any publicly held corporation of which the person or the
person's relative is a director or officer; or
' (d) For public officials required to file a statement of
economic interest under ORS 244.050, any business listed as a
source of income as required under ORS 244.060 (3).
' { + (4) 'Candidate' means an individual for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is
printed on a ballot or is expected to be or has been presented,
with the individual's consent, for nomination or election to
public office. + }
' { - (4) - } { + (5) + } 'Development commission' means any
entity { - which - } { + that + } 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.
' { - (5)(a) - } { + (6)(a) + } 'Gift' means something of
economic value given to a public official { + , a candidate
+ }or a relative or member of the household of the public
official { + or candidate + }:
' (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
candidates + }or the relatives or members of the household of
public officials { + or candidates + } on the same terms and
conditions; or
' (B) For valuable consideration less than that required from
others who are not public officials { + or candidates + }.
' (b) 'Gift' does not mean:
' (A) Contributions as defined in ORS 260.005.
' (B) Gifts from relatives or members of the household of the
public official { + or candidate + }.
' (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 - } { + when
the public official represents 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 + }.
' (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 ORS 244.209 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 { + or candidate + } at a
continuing education event that the public official { + or
candidate + } 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 { + or
candidate + } 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
candidate + } or a relative or member of the household of the
public official { + or candidate + } 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.
' { + (O) Anything of economic value offered to or solicited
or received by a public official or candidate, or a relative or
member of the household of the public official or candidate:
' (i) As part of the usual and customary practice of the
person's private business, or the person's employment or position
as a volunteer with a private business, corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, not-for-profit corporation or other legal entity
operated for economic value; and
' (ii) That bears no relationship to the public official's or
candidate's holding of, or candidacy for, the official position
or public office. + }
' { - (6) - } { + (7) + } '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.
' { - (7) - } { + (8) + } 'Income' means income of any
nature derived from any source, including, but not limited to,
any salary, wage, advance, payment, dividend, interest, rent,
honorarium, return of capital, forgiveness of indebtedness, or
anything of economic value.
' { - (8) - } { + (9) + } 'Legislative or administrative
interest' means an economic interest, distinct from that of the
general public, in
{ - one or more bills, resolutions, regulations, proposals or
other matters subject to the action or vote of a person acting in
the capacity of a public official. - } { + :
' (a) Any matter subject to the decision or vote of the public
official acting in the public official's capacity as a public
official; or
' (b) Any matter that would be subject to the decision or vote
of the candidate who, if elected, would be acting in the capacity
of a public official. + }
' { - (9) - } { + (10) + } 'Member of the household' means
any person who resides with the public official { + or
candidate + }.
' { - (10) - } { + (11) + } 'Planning commission' means a
county planning commission created under ORS chapter 215 or a
city planning commission created under ORS chapter 227.
' { - (11) - } { + (12) + } 'Potential conflict of interest'
means any action or any decision or recommendation by a person
acting in a capacity as a public official, the effect of which
could be to the private pecuniary benefit or detriment of the
person or the person's relative, or a business with which the
person or the person's relative is associated, unless the
pecuniary benefit or detriment arises out of the following:
' (a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
' (b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or the person's relative or business with which the
person or the person's relative is associated, is a member or is
engaged.
' (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) - } { + (13) + } 'Public office' has the meaning
given that term in ORS 260.005.
' { - (13) - } { + (14) + } 'Public official' means any
person who, when an alleged violation of this chapter occurs, is
serving the State of Oregon or any of its political subdivisions
or any other public body as defined in ORS 174.109 as an elected
official, appointed official, employee { - , - } { + or + }
agent { - or otherwise - } , irrespective of whether the person
is compensated for the services.
' { - (14) - } { + (15) + } 'Relative' means:
' (a) The spouse of the public official { + or candidate + };
' (b) The domestic partner of the public official { + or
candidate + };
' (c) Any children of the public official or of the public
official's spouse { + or domestic partner + };
' { + (d) Any children of the candidate or of the candidate's
spouse or domestic partner; + }
' { - (d) - } { + (e) + } Siblings, spouses of siblings or
parents of the public official or of the public official's
spouse { + or domestic partner + };
' { + (f) Siblings, spouses of siblings or parents of the
candidate or of the candidate's spouse or domestic partner; + }
' { - (e) - } { + (g) + } Any individual for whom the public
official { + or candidate + }has a legal support obligation;
{ - or - }
' { - (f) - } { + (h) + } 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 { - . - }
{ + ; or
' (i) Any individual from whom the candidate receives benefits
arising from that individual's employment. + }
' { - (15) - } { + (16) + } 'Statement of economic interest'
means a statement as described by ORS 244.060 { - , - } { +
or + } 244.070 { - or 244.100 - } .
' { - (16) - } { + (17) + } 'Zoning commission' means an
entity to which is delegated at least some of the discretionary
authority of a planning commission or governing body relating to
zoning and land use matters.
' { + SECTION 3. + } ORS 244.025 is amended to read:
' 244.025. (1) During a calendar year, 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 or gifts with an
aggregate value in excess of $50 from any single source that
could reasonably be known to have a legislative or administrative
interest { - in any governmental agency in which the public
official holds, or the candidate if elected would hold, any
official position or over which the public official exercises, or
the candidate if elected would exercise, any authority - } .
' (2) During a calendar year, a person who has a legislative or
administrative interest { - in any governmental agency in which
a public official holds any official position or over which the
public official exercises any authority - } may not offer to the
public official or a relative or member of the household of the
public official any gift or gifts with an aggregate value in
excess of $50.
' (3) During a calendar year, a person who has a legislative or
administrative interest { - in any governmental agency in which
a candidate for public office if elected would hold any official
position or over which the candidate if elected would exercise
any authority - } may not offer to the candidate or a relative
or member of the household of the candidate any gift or gifts
with an aggregate value in excess of $50.
' { - (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) - } { + (4) + } This section does not apply to
public officials subject to the Oregon Code of Judicial Conduct.
' { + SECTION 4. + } ORS 244.040 is amended to read:
' 244.040. (1) Except as provided in subsection (2) of this
section, a public official may not use or attempt to use official
position or office to obtain financial gain or avoidance of
financial detriment for the public official, a relative or member
of the household of the public official, or any business with
which the public official or a relative or member of the
household of the public official is associated, if the financial
gain or avoidance of financial detriment would not otherwise be
available but for the public official's holding of the official
position or office.
' (2) Subsection (1) of this section does not apply to:
' (a) Any part of an official compensation package as
determined by the public body that the public official serves.
' (b) The receipt by a public official or a relative or member
of the household of the public official of an honorarium or any
other item allowed under ORS 244.042.
' (c) Reimbursement of expenses.
' (d) An unsolicited award for professional achievement.
' (e) Gifts that do not exceed the limits specified in ORS
244.025 received by a public official or a relative or member of
the household of the public official from a source that could
reasonably be known to have a legislative or administrative
interest { - in a governmental agency in which the official
holds any official position or over which the official exercises
any authority - } .
' (f) Gifts received by a public official or a relative or
member of the household of the public official from a source that
could not reasonably be known to have a legislative or
administrative interest { - in a governmental agency in which
the official holds any official position or over which the
official exercises any authority - } .
' (g) The receipt by a public official or a relative or member
of the household of the public official of any item, regardless
of value, that is expressly excluded from the definition of
'gift' in ORS 244.020.
' (h) Contributions made to a legal expense trust fund
established under ORS 244.209 for the benefit of the public
official.
' (3) A public official may not solicit or receive, either
directly or indirectly, and a person may not offer or give to any
public official any pledge or promise of future employment, based
on any understanding that the vote, official action or judgment
of the public official would be influenced by the pledge or
promise.
' (4) A public official may not attempt to further or further
the personal gain of the public official through the use of
confidential information gained in the course of or by reason of
holding position as a public official or activities of the public
official.
' (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.
' (6) A person may not attempt to represent or represent a
client for a fee before the governing body of a public body of
which the person is a member. This subsection does not apply to
the person's employer, business partner or other associate.
' (7) The provisions of this section apply regardless of
whether actual conflicts of interest or potential conflicts of
interest are announced or disclosed under ORS 244.120.
' { + SECTION 5. + } 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.
' { + (X) Director of the Department of Corrections.
' (Y) Director of the Oregon Department of Aviation.
' (Z) Executive director of the Oregon Criminal Justice
Commission.
' (AA) Director of the Economic and Community Development
Department.
' (BB) Director of the Office of Emergency Management.
' (CC) Director of the Employment Department.
' (DD) Chief of staff for the Governor.
' (EE) Administrator of the Office for Oregon Health Policy and
Research.
' (FF) Director of the Housing and Community Services
Department.
' (GG) State Court Administrator.
' (HH) Director of the Department of Land Conservation and
Development.
' (II) Board chairperson of the Land Use Board of Appeals.
' (JJ) State Marine Director.
' (KK) Executive director of the Oregon Racing Commission.
' (LL) State Parks and Recreation Director.
' (MM) Public defense services executive director.
' (NN) Chairperson of the Public Employees' Benefit Board.
' (OO) Director of the Department of Public Safety Standards
and Training.
' (PP) Chairperson of the Oregon Student Assistance Commission.
' (QQ) Executive director of the Oregon Watershed Enhancement
Board.
' (RR) Director of the Oregon Youth Authority. + }
' (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) Each member of the board of directors of the State
Accident Insurance Fund Corporation.
' (o) The chief administrative officer and the financial
officer of each common and union high school district, education
service district and community college district.
' (p) 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) 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) 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) 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 6. + } 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 - } { + public
official or candidate + } or a member of the household of the
{ - person - } { + public official or candidate + } during the
preceding calendar year, and the principal address and a brief
description of each business.
' (2) All names under which the { - person - } { + public
official or candidate + } and members of the household of the
{ - person - } { + public official or candidate + } 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 - } { + public official or candidate or
a + } member of the household of the { - person, a description
of the type of income and the name of the person receiving the
income - } { + public official or candidate that produce 10
percent or more of the total annual household 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 - } { + an + }
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. - }
' { + (5) All expenses with an aggregate value exceeding $50
received by the public official during the preceding calendar
year when participating in a convention, mission, trip or other
meeting described in ORS 244.020 (6)(b)(F), including the name
and address of the organization, unit of government, tribe or
corporation paying the expenses, the nature of the event and the
date and amount of the expense.
' (6) All expenses with an aggregate value exceeding $50
received by the public official during the preceding calendar
year when participating in a mission, negotiations or economic
development activities described in ORS 244.020 (6)(b)(H),
including the name and address of the person paying the expenses,
the nature of the event and the date and amount of the
expenditure.
' (7) All honoraria and other items allowed under ORS 244.042
with a value exceeding $15 that are received by the public
official, candidate or member of the household of the public
official or candidate during the preceding calendar year, the
provider of each honorarium or item and the date and time of the
event for which the honorarium or item was received.
' (8) The name, principal address and brief description of each
source of income exceeding an aggregate amount of $1,000, whether
or not taxable, received by the public official or candidate, or
a member of the household of the public official or candidate,
during the preceding calendar year, if the source of that income
is derived from an individual or business that has a legislative
or administrative interest or that has been doing business, does
business or could reasonably be expected to do business with the
governmental agency of which the public official holds, or the
candidate if elected would hold, an official position or over
which the public official exercises, or the candidate if elected
would exercise, any authority. + }
' { + SECTION 7. + } ORS 244.070 is amended to read:
' 244.070. A public official or candidate { - for public
office - } shall report the following additional economic
interest for the preceding calendar year only if the source of
that interest is derived from an individual or business { + that
has a legislative or administrative interest or + } 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 - } { + an + } official position or over which the
public official exercises, or the candidate if elected would
exercise, any authority:
' (1) Each person to whom the public official or candidate
{ - for public office - } or a member of the household of the
public official or candidate owes or has owed money in excess of
$1,000, the interest rate on money owed and the date of the loan,
except for debts owed to any federal or state regulated financial
institution or retail contracts.
' (2) The name, principal address and brief description of the
nature of each business 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 a personal,
beneficial interest or investment, including stocks or other
securities, in excess of $1,000, except for individual items
involved in a mutual fund or a blind trust, or a time or demand
deposit in a financial institution, shares in a credit union, or
the cash surrender value of life insurance.
' (3) Each person for whom the public official or candidate
{ - for public office - } has performed services for a fee in
excess of $1,000, except for any disclosure otherwise prohibited
by law or by a professional code of ethics.
' { + SECTION 8. + } ORS 244.100 is amended to read:
' 244.100. { - (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 Ethics
Commission, according to the schedule set forth in ORS 244.105, 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 ORS 244.042 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) - } { + (1) + } Any organization { + , + }
{ - or - } unit of government { + , tribe or corporation + }
that provides a public official with expenses with an aggregate
value exceeding $50 for an event described in ORS 244.020
{ - (5)(b)(F) - } { + (6)(b)(F) + } shall notify the public
official in writing of the amount of the expense. The
organization { + , + } { - or - } unit { + , tribe or
corporation + } shall provide the notice to the public official
within 10 days { - from - } { + after + } the date the
expenses are incurred.
' { - (b) - } { + (2) + } Any person that provides a public
official { + or candidate, + } or a member of the household of
{ - a - } { + the + } public official { + or candidate, + }
with an honorarium or other item allowed under ORS 244.042 with a
value exceeding $15 shall notify the public official { + or
candidate + } in writing of the value of the honorarium or other
item. The person shall provide the notice to the public official
{ + or candidate + } within 10 days after the date of the event
for which the honorarium or other item was received.
' { + SECTION 9. + } ORS 244.105 is amended to read:
' 244.105. Statements required to be filed with the Oregon
Government Ethics Commission under ORS { - 244.100 and - }
244.217 shall be filed in each calendar year:
' (1) Not later than April 15, for the accounting period
beginning January 1 and ending March 31;
' (2) Not later than July 15, for the accounting period
beginning April 1 and ending June 30;
' (3) Not later than October 15, for the accounting period
beginning July 1 and ending September 30; and
' (4) Not later than January 15 of the following calendar year,
for the accounting period beginning October 1 and ending December
31.
' { + SECTION 10. + } ORS 244.110 is amended to read:
' 244.110. (1) Each statement of economic interest required to
be filed under ORS 244.050, 244.060, 244.070 { - , - } { +
or + } 244.090 { - or 244.100 - } , or by rule under ORS
244.290, and each trading statement required to be filed under
ORS 244.055 shall be signed and certified as true by the person
required to file it and shall contain a written declaration that
the statement is made under the penalties of false swearing.
' (2) A person may not sign and certify a statement under
subsection (1) of this section if the person knows that the
statement contains information that is false.
' (3) Violation of subsection (2) of this section is punishable
as false swearing under ORS 162.075.
' { + SECTION 11. + } ORS 244.255 is amended to read:
' 244.255. (1) The Oregon Government Ethics Commission shall
estimate in advance the expenses that it will incur during a
biennium in carrying out the provisions of ORS 171.725 to 171.785
and 171.992 and this chapter. The commission shall also determine
what percentage of the expenses should be borne by the following
two groups of public bodies:
' (a) Public bodies in state government; and
' (b) Local governments, local service districts and special
government bodies that are subject to the Municipal Audit Law.
' (2) The commission shall charge each public body for the
public body's share of the expenses described in subsection (1)
of this section for the biennium. The amount to be charged each
public body shall be determined as follows:
' (a) The commission shall determine the rate to be charged
public bodies in state government. The same rate shall be applied
to each public body described in this paragraph. To determine the
amount of the charge for each public body, the commission shall
multiply the rate determined under this paragraph by the number
of public officials serving the public body.
' (b) The commission shall set the charge for local
governments, local service districts and special government
bodies that are subject to the Municipal Audit Law so that each
local government, local service district or special government
body described in this paragraph pays an amount of the total
expenses for the group that bears the same proportion to the
total expenses that the amount charged to the local government,
local service district or special government body for the
municipal audit fee under ORS 297.485 bears to the total amount
assessed for the municipal audit fee.
' (3) Each public body shall pay to the credit of the
commission the charge described in this section as an
administrative expense from funds or appropriations available to
the public body in the same manner as other claims against the
public body are paid.
' (4) All moneys received by the commission under this section
shall be credited to the Oregon Government Ethics Commission
Account established under ORS 244.345.
' (5) The commission shall adopt rules specifying the methods
for calculating and collecting the rates and charges described in
this section.
' (6) As used in this section:
' (a) 'Local government' and 'local service district' have the
meanings given those terms in ORS 174.116.
' (b) 'Public body' has the meaning given that term in ORS
174.109.
' (c) 'Public official,' notwithstanding ORS 244.020
{ - (13) - } { + (14) + }, means any person who, on the date
the commission charges the public body under this section, is
serving the public body as an officer or employee.
' (d) 'Special government body' has the meaning given that term
in ORS 174.117.
' (e) 'State government' has the meaning given that term in ORS
174.111.
' { + SECTION 12. + } ORS 244.282 is amended to read:
' 244.282. (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) { + (a) + } Except as provided in { - this
subsection - } { + paragraph (b) of this subsection + }, unless
the staff advisory opinion is revised or revoked, { - before
imposing any penalty under ORS 244.350 or 244.360, the commission
shall consider whether the action that may be subject to penalty
was taken - } { + the commission may only issue a written
letter of reprimand, explanation or education for any good faith
action a person takes + } in reliance on a staff advisory opinion
issued under this section.
' { + (b) + } { - If a penalty may be imposed - } { + The
commission may impose, for an action that is subject to a penalty
and that is taken in reliance on a staff advisory opinion issued
under this section, a penalty under ORS 244.350 or 244.360 + } on
the person who requested the opinion { - , the commission is not
required to consider reliance on the opinion - } if the
commission 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 13. + } 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) 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.
' { + SECTION 14. + } 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) 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.
' { + SECTION 15. + } ORS 244.320 is amended to read:
' 244.320. (1) The Oregon Government Ethics Commission shall
prepare and publish a manual on government ethics that explains
in terms understandable to legislative and public officials and
the public the requirements of this chapter and the commission's
interpretation of those requirements whether stated by rule or in
an opinion. The manual shall set forth recommended uniform
reporting methods for use by persons filing statements under this
chapter. { + The manual, and any updates to the manual made
under subsection (3) of this section, must be approved by a vote
of a majority of the members of the commission. + }
' (2) In preparing the manual, the commission shall consider
the format of the manual prepared by the Attorney General to
guide public officials and the public in the requirements of ORS
chapter 192.
' (3) The commission shall update the manual as often as the
commission believes necessary but no less frequently than once
every four years.
' (4) The commission shall make copies of the manual available
in an electronic format on the Internet.
' { + (5) The commission may not impose a penalty under ORS
244.350 or 244.360 on a public official or candidate for any good
faith action the public official or candidate takes in reliance
on the manual, or any update to the manual, approved by the
commission under this section. + }
' { + SECTION 16. + } ORS 244.350 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 { - ,
244.100 - } or 244.217. 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 { - ,
244.100 - } or 244.217 has occurred.
' (b) Failure to file the required statement in timely fashion
is prima facie evidence of a violation of ORS 244.050 { - ,
244.100 - } or 244.217.
' (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.
' { + SECTION 17. + } ORS 171.745 is amended to read:
' 171.745. (1) A lobbyist registered with the Oregon Government
Ethics Commission or required to register with the commission
shall, according to the schedule described in ORS 171.752, file
with the commission a statement showing for the applicable
reporting period:
' (a) The total amount of all moneys expended for food,
refreshments and entertainment by the lobbyist for the purpose of
lobbying.
' (b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure is made
for the purposes of lobbying, and the date, name of payee,
purpose and amount of that expenditure. This paragraph applies if
the total amount expended on the occasion by one or more persons
exceeds $50.
' (2) Statements required by this section need not include
amounts expended by the lobbyist for personal living and travel
expenses and office overhead, including salaries and wages paid
for staff and secretarial assistance, and maintenance expenses.
If the amount of any expenditure required to be included in a
statement is not accurately known at the time the statement is
required to be filed, an estimate of the expenditure shall be
submitted in the statement and designated as an estimate. The
exact amount expended for which a previous estimate was made
shall be submitted in a subsequent report when the information is
available.
' (3) A statement required by this section shall include a copy
of any notice provided to a public official { + or candidate + }
under ORS 244.100 { - (2) - } .
' (4) For each statement required by this section, an entity
comprised of more than one lobbyist may file one statement that
reports expenditures by the entity and not by individual
lobbyists.
' { + SECTION 18. + } ORS 171.750 is amended to read:
' 171.750. (1) Any person on whose behalf a lobbyist was
registered, or was required to register, with the Oregon
Government Ethics Commission at any time during the calendar year
shall file with the commission, according to the schedule
described in ORS 171.752, a statement showing for the applicable
reporting period:
' (a) The total amount of all moneys expended for lobbying
activities on the person's behalf, excluding living and travel
expenses incurred for a lobbyist performing lobbying services.
' (b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure is made
for the purposes of lobbying by the person, and the date, name of
payee, purpose and amount of that expenditure. This paragraph
applies if the total amount expended on the occasion by one or
more persons exceeds $50. This paragraph does not apply to
information reported in compliance with ORS 171.745.
' (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.
' (2) A statement required under subsection (1) of this section
shall include a copy of any notice provided to a public official
{ + or candidate + } under ORS 244.100 { - (2) - } .
' { + SECTION 19. + } ORS 293.708 is amended to read:
' 293.708. (1) As used in this section:
' (a) 'Business' has the meaning given that term in ORS
244.020.
' (b) 'Business with which the person is associated' has the
meaning given that term in ORS 244.020.
' (c) 'Relative' has the meaning given that term in ORS
244.020.
' (2) When a person who is a member of the Oregon Investment
Council becomes aware that action on a matter pending before the
council might lead to private pecuniary benefit or detriment to
the person, to a relative of the person or to a business with
which the person or a relative of the person is associated, the
member shall notify in writing the State Treasurer or the Chief
Deputy State Treasurer that any action, decision or
recommendation by the member might constitute an actual or
potential conflict of interest. The member shall provide the
notice not later than three business days after the member
becomes aware of the possibility of an actual or potential
conflict.
' (3) Subsection (2) of this section does not apply if the
pecuniary benefit or detriment arises out of circumstances
described in ORS 244.020 { - (11)(a) to (c) - } { + (12) + }.
' (4) Complaints of violations of this section may be made to
the Oregon Government Ethics Commission for review and
investigation as provided by ORS 244.260 and for possible
imposition of civil penalties as provided by ORS 244.350 or
244.360.
' (5) Nothing in this section excuses a member of the council
from compliance with ORS 244.120.
' { + SECTION 20. + } ORS 441.540 is amended to read:
' 441.540. (1) An authority shall be managed and controlled by
a board of directors, who shall be appointed by the governing
body. The directors may be removed for cause or at the will of
the governing body. The directors shall serve without
compensation. However, the authority may reimburse the directors
for their expenses incurred in the performance of their duties.
' (2) The board of directors shall adopt and may amend rules
for calling and conducting its meetings and carrying out its
business and may adopt an official seal. All decisions of the
board shall be by motion or resolution and shall be recorded in
the board's minute book which shall be a public record. A
majority of the board shall constitute a quorum for the
transaction of business and a majority thereof shall be
sufficient for the passage of any such motion or resolution.
' (3) The board may employ such employees and agents as it
deems appropriate and provide for their compensation.
' (4) Notwithstanding the exception for pecuniary benefit or
detriment described in ORS 244.020 { - (11)(c) - }
{ + (12)(c) + }, a director is a public official subject to the
requirements of ORS chapter 244 based on an actual conflict of
interest or a potential conflict of interest arising out of the
director's relationship with a nonprofit corporation that is
tax-exempt under section 501(c) of the Internal Revenue Code,
including employment with the nonprofit corporation or a
relationship with a foundation that provides assistance to the
nonprofit corporation.
' { + SECTION 21. + } ORS 244.042 is amended to read:
' 244.042. (1) Except as provided in subsection (3) of this
section, a public official may not solicit or receive, whether
directly or indirectly, honoraria for the public official or any
member of the household of the public official if the honoraria
are solicited or received in connection with the official duties
of the public official.
' (2) Except as provided in subsection (3) of this section, a
candidate { - for public office - } may not solicit or
receive, whether directly or indirectly, honoraria for the
candidate or any member of the household of the candidate if the
honoraria are solicited or received in connection with the
official duties of the public office for which the person is a
candidate.
' (3) This section does not prohibit:
' (a) The solicitation or receipt of an honorarium or a
certificate, plaque, commemorative token or other item with a
value of $50 or less; or
' (b) The solicitation or receipt of an honorarium for services
performed in relation to the private profession, occupation,
avocation or expertise of the public official or candidate.
' { + SECTION 22. + } ORS 244.380 is amended to read:
' 244.380. (1) If the Oregon Government Ethics Commission has
imposed a civil penalty under ORS 244.350 on a public official or
candidate for failing to file a statement of economic interest
required under this chapter or a resolution adopted under ORS
244.160 and the public official or candidate continues to refuse
to file the statement, the following apply:
' (a) The commission shall notify the Oregon Department of
Administrative Services or the local public body, as defined in
ORS 174.109, that the public official serves of the failure to
file a statement of economic interest. Except for judges, during
the period beginning on the date the department or public body
receives notice from the commission and ending on the date the
public official files the statement of economic interest, the
department or public body may not pay compensation to the public
official and the public official may not begin or continue to
exercise the official duty of the public official. In the case of
a public official who does not receive compensation, the public
official may not begin or continue to exercise the official duty
of the public official until the public official files the
statement of economic interest.
' (b) In the case of a candidate { - for public office - } ,
the commission shall notify the appropriate chief elections
officer of the candidate's failure to file the statement required
by this chapter. The chief elections officer shall:
' (A) If the notice is received on or before the 61st day
before the date of the election, cause the name of the candidate
to be removed from the ballot on which the name of the candidate
would otherwise appear; or
' (B) If the candidate has been nominated or elected, refuse to
issue a certificate of nomination or election.
' (2) If the name of a candidate { - for public office - }
is removed from the ballot as provided in subsection (1) of this
section, the name shall be removed in accordance with ORS
254.165.
' (3) As used in this section, 'chief elections officer' has
the meaning given that term in ORS 254.005.
' { + SECTION 23. + } ORS 244.390 is amended to read:
' 244.390. (1) A penalty or sanction imposed by the Oregon
Government Ethics Commission 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 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 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 24. + } Section 8b, chapter 877, Oregon Laws
2007, is amended to read:
' { + Sec. 8b. + } The amendments to ORS 171.772 by section
8a { + , chapter 877, Oregon Laws 2007, + } { - of this 2007
Act - } become operative January 1, { - 2010 - } { +
2013 + }.
' { + SECTION 25. + } Section 9e, chapter 877, Oregon Laws
2007, is amended to read:
' { + Sec. 9e. + } { - If House Bill 2595 becomes law, - }
The amendments to ORS 244.290 by section 9d { + , chapter 877,
Oregon Laws 2007, + } { - of this 2007 Act - } become
operative January 1, { - 2010 - } { + 2013 + }.
' { + SECTION 26. + } { + Not later than February 1, 2011,
the Oregon Government Ethics Commission shall report to the
Seventy-sixth Legislative Assembly regarding the implementation
of the electronic filing system described in ORS 171.772 and
244.290. + }
' { + SECTION 27. + } { + The Oregon Government Ethics
Commission may not disclose the names of any relatives or members
of a household supplied on statements of economic interest filed
on or after January 1, 2008, and before the effective date of
this 2009 Act. + }
' { + SECTION 28. + } { + (1) Section 26 of this 2009 Act,
the amendments to sections 8b and 9e, chapter 877, Oregon Laws
2007, by sections 24 and 25 of this 2009 Act and the amendments
to ORS 171.745, 171.750, 244.010, 244.020, 244.025, 244.040,
244.042, 244.050, 244.060, 244.070, 244.100, 244.105, 244.110,
244.255, 244.282, 244.290, 244.320, 244.350, 244.380, 244.390,
293.708 and 441.540 by sections 1 to 23 of this 2009 Act become
operative on January 1, 2010.
' (2) The Oregon Government Ethics Commission 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 to exercise, on or after the operative date specified
in subsection (1) of this section, all the duties, functions and
powers conferred upon the commission by this 2009 Act. + }
' { + SECTION 29. + } { + (1) The amendments to ORS 244.025
and 244.040 by sections 3 and 4 of this 2009 Act apply to gifts
solicited, received or offered on or after January 1, 2010.
' (2) The amendments to ORS 244.060, 244.100 and 244.350 by
sections 6, 8 and 16 of this 2009 Act apply to statements filed
with the Oregon Government Ethics Commission on or after January
1, 2010.
' (3) The amendments to ORS 244.050 by section 5 of this 2009
Act apply to statements required to be filed with the Oregon
Government Ethics Commission for reporting periods beginning on
or after January 1, 2010.
' (4) The amendments to ORS 244.282 and 244.320 by sections 12
and 15 of this 2009 Act apply to activities that occur on or
after January 1, 2010. + }
' { + SECTION 30. + } { + 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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