2007-1445-Minutes for Meeting July 30,2007 Recorded 8/21/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS CJ X041-445
COMMISSIONERS' JOURNAL 08/21/2007 02:14:23 PM
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-1445
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JULY 309 2007
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Dave Kanner, County Administrator; David Givans, Internal
Auditor; Mark Pilliod, Chris Bell and Laurie Craghead, Legal Counsel; and, or a
portion of the meeting; Tom Anderson, Community Development; Anna Johnson,
Communications; Susan Ross, Property and Facilities; and Teresa Rozic, Property
Management. Also present was citizen William Kuhn. No representatives of the
media were present. The meeting began at 1: 30 p. m.
1. Update on New Ethics Law.
Laurie Craghead stated that the Oregon Ethics Commission is the new entity to
oversee the law. There are several laws that may go into effect. (A copy is
attached for reference)
Ms. Craghead and Mark Pilliod said that technically the Commissioners should
register as lobbyists. A discussion then took place regarding whether the
organization is for-profit or non-profit.
Commissioner Luke pointed out that if you have to defend yourself, even if you
are found not guilty, you bear the expense.
Ms. Craghead said that no type of tickets or other free passes can be accepted if
they are valued over $50. This applies whether you are an elected or appointed
official. No solicitation can be either made directly or indirectly, or based on a
promise of future employment; and there can be no use of confidential
information gained.
The Commissioners expressed concern, especially if they are invited to a big
event not in official capacity. Sometimes they are invited to attend because the
organization wants the exposure, and there may be no formal role to play. Ms.
Craghead will be drafting changes to County Code to include these changes.
Some will be effective the first of next year.
Minutes of Administrative Work Session Monday, July 30, 2007
Page 1 of 4 Pages
2. Economic Development Grant Request(s).
• Sisters Organization for Activities & Recreation - ARTS Discovery
Program at Sisters Middle School - $3,000 was requested. $500 from each
Commissioner was granted.
• Fair & Expo Center for free public transportation to the Annual Fair -
Commissioners Baney and Luke will split the $7,500 requested.
• Leadership Bend Foundation - $2,000 was requested for scholarships.
Commissioner Luke will grant $1,000 and Commissioners Baney and Daly
will grant $500 each.
• Central Cascade Lines - La Pine transportation to connect to the Bend bus
system. The request was for $2,500. Commissioner Luke granted $1,000;
Commissioners Baney and Daly will split the remaining $1,500.
As discussed at the morning business meeting, it was clarified that the Humane
Society of Redmond was granted $1,500 by Commissioner Baney and $3,500
from Commissioner Daly.
3. Update of Commissioners' Schedules; Meeting Details.
No discussion occurred on this item.
4. Executive Session, called under ORS 192.660(2)(h), Pending or Threatened
Litigation.
At the end of this meeting, the Board went into executive session. No formal
action was taken after the session.
5. Other Items.
Commissioner Luke asked that Teresa Rozic find out the status of a property
where the City of Bend wants to place its parking garage. A citizen pointed out
to him that this was land that was donated by the County and there may be
reversionary clauses that affects it.
Mark Pilliod said that his department has gone through the selection process for
an attorney to replace Mark Amberg. She is a local attorney with some
employment law and trial experience. It is hoped she can begin working for the
County by September 1.
Minutes of Administrative Work Session Monday, July 30, 2007
Page 2 of 4 Pages
Commissioner Luke noted that he was very pleased with the intern, Peter
Werner, who worked for County Legal Counsel over the summer. Mark Pilliod
said that his review has been completed but indicated his performance was
noted as exceptional. They may continue this type of arrangement in the future.
Commissioner Daly advised the Board that he is trying to get the Humane
Society of Central Oregon cooperate with Bend Spay & Neuter Project
regarding low-cost spay and neuter services. BSNP did about 7,500 surgeries
during the past year, while HSCO did about 700. Most of them were vouchers
and typically half of those never get used, which means those particular animals
may never be altered and will contribute to the pet overpopulation problem.
He will be meeting with Mike Maier, who is on the HSCO Board, and Pat
Roden, the new Director of HSCO, to find out why they do not want to
cooperate in this regard. Spay and neuter services are vital to the community,
and help cut down on a number of expenses overall.
Commissioner Luke pointed out that some time ago the County attempted,
through a review and proposal by the Humane Society of the United States, to
have the two local shelters combine services and facilities, but the proposal
failed as HSCO ultimately decided not to cooperate. Had the merger worked, it
would have saved a lot of money then and in the future. He noted that this is
one of the few places in the country where two separate humane society shelters
are located so close together and are within the same county.
Ms. Craghead stated that she is working on contracts for both shelters, and
some changes are proposed. She has heard back from Redmond but not HSCO.
Commissioner Daly said that there is a clause in the current contract requiring
the two shelters to spend money on education, but spay and neuter is not
specifically addressed. There should be a set amount of funding designated
towards this. BSNP is willing to work with the shelters to handle these spay
and neuter services. Ms. Craghead indicated she would talk to them about it.
It was pointed out that the Sheriff's Office and the cities' police departments are
supportive of spay and neuter services as these services cut down on the number
of animal complaints they receive.
Minutes of Administrative Work Session Monday, July 30, 2007
Page 3 of 4 Pages
Commissioner Daly also indicated that Dr. Byron Maas, who is now with the
SNIP House clinic in Prineville, wants to start providing services to La Pine
citizens as there is a big animal overpopulation problem there, and low-cost
spay and neuter services for the pets of residents are not readily available.
Being no further discussion, the meeting adjourned at 3: 30 p.m.
DATED this 30th Day of July 2007 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
D nnis R. Luke, ice Chair
Tammy Baney, Commis' ner
Minutes of Administrative Work Session Monday, July 30, 2007
Page 4 of 4 Pages
(3Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA -for the Week
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., MONDAY, JULY 30, 2007
1. Update on New Ethics Law - Mark Pilliod, Laurie Craghead
2. Economic Development Grant Request(s) - Susan Ross
• Sisters Organization for Activities & Recreation - ARTS Discovery
Program at Sisters Middle School
3. Update of Commissioners' Schedules; Meeting Details
4. Executive Session, called under ORS 192.660(2)(h), Pending or Threatened
Litigation
5. Other Items
PLEASE NOTE:
At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2) (e), real property negotiations;
ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated.
!f you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Chapter 3.28. PERSONAL CONDUCT
3.28.010.
Code of Ethics.
3.28.020.
Conflict of Interest.
3.28.030
Political Activities.
3.28.040.
Personal Appearance, Dress
and Grooming.
3.28.050.
Smoking or Use of Tobacco
Products.
3.28.060
Acceptance of Gifts.
3.28.010. Code of Ethics.
All County employees have a responsibility
to the County and its citizens to engage in
duties for the County in a manner that will
merit the trust and confidence of the public.
As such, all County employees are expected
to be fair, honest, ethical and professional in
their conduct, to adhere to the spirit and letter
of all applicable laws and regulations that
apply to the performance of the employee's
duties and to refrain from any illegal,
dishonest or unethical conduct in the
performance of the employee's duties.
All County employees are considered to
be public officials. As such, each County
employee is subject to, is expected to be
familiar with, and is expected to conduct
himself or herself in accordance with the
State of Oregon Government Standards and
Practices Law (ORS Chapter 244) ("Ethics
Law") as it currently exists or as amended.
The Ethics Law provides, in part: "No public
official shall use or attempt to use official
position or office to obtain financial gain or
avoidance of financial detriment that would
not otherwise be available but for the public
official's holding of the official position or
office, other than official salary, honoraria
reimbursement of expenses or an unsolicited
award for professional achievement for the
public official or the public official's relative,
or for any business with which the public
official or a relative of the public official is
associated." Any violation by a County
employee of State of Oregon Ethics Law is a
violation of the Deschutes County Personnel
Rules.
If an employee is unsure whether his or her
conduct violates or might violate the State of
Oregon Ethics Law or this code of ethics, the
employee shall notify the employee's
immediate supervisor or department head to
determine an appropriate course of action.
Full compliance with this code of ethics is
the responsibility of each County employee.
Any violation of this code of ethics will
subject the employee to disciplinary action up
to and including possible termination of
employment. Any employee accused of
violating the Ethics Law shall be solely
responsible for the costs of his or her defense
before the Government Standards and
Practices Commission. If the charges are
dismissed or determined to be unfounded, the
Board, at the Board's discretion, may elect to
reimburse the employee for some or all of the
costs incurred by the employee.
(Ord. 2007-017, §2, 2007; Ord. 86-011, §1,
1986; Ord. 81-053, §1, 1981)
3.28.020 Conflict of Interest.
County employees shall refrain from
engaging in any employment, business,
activity, practice, or act which actually
conflicts with, potentially conflicts with, or
gives the appearance of conflicting with the
employee's work for the County or with the
interests of the County. An actual conflict of
interest exists when an action is taken that
directly affects land, a business, or any other
financial interest of an employee or an
employee's relative and is reasonably
certain to have a financial impact on the
employee or a relative of the employee. A
potential conflict of interest exists when an
employee takes action that reasonably could
be expected to have a financial impact on
that employee, a relative of the employee, or
on a business with which the employee or
the employee's relative is associated. For
purposes of this section only, "relative"
means the spouse, domestic partner, parent,
child, brother and sister of either the
employee or the employee's spouse or
domestic partner.
Chapter 3.28 1 (6/2007)
The following activities are prohibited:
1. Employees shall refrain from accepting
gifts, favors, services or promises of
future employment that could possibly
relate to or is intended to influence the
performance of their official duties. This
section is not intended to conflict with
section 3.28.060 below.
2. Employees shall not use their position to
gain special privileges or benefits or to
avoid financial detriment that would not
otherwise be available or avoidable but
for the employee's position with
County.
3. No employee shall further, or attempt to
further, the personal gain of any County
employee or relative through the use of
confidential information gained in the
course of performing her/his duties for
County.
4. Employees shall not participate, directly
or indirectly, in any business or
organization which might
inappropriately influence the
employee's official decisions and
judgments for the County.
5. Employees shall not hold any position
with any business, organization or
governmental unit which would conflict
with the proper performance of the
employee's duties or responsibilities for
the County, or which could influence the
employee's judgment in the conduct of
business between the County and such
business, organization or governmental
unit.
6. Employees who conduct private
business which requires access to public
County records shall have access to that
information only during the employee's
off-duty time. Employees shall not be
given special access or special
privileges, such as not imposing a fee
for a service that is generally fee-based
or being permitted to review
confidential information which is not
available to members of the general
public.
7. Employees are not to engage, directly or
indirectly, either on or off the job, in any
conduct which is disruptive to,
competitive with, or damaging to the
County.
8. Employees shall not accept any
employment which would
inappropriately influence the
performance of the employee's duties
for the County. This prohibition on
employment includes serving as an
advisor or consultant to any business or
organization, unless that activity is
conducted as a representative of the
County.
9. Employees must disclose any financial
interest the employee or the employee's
relatives have in any business or
organization which does business with
the County. The County may require
the employee to divest such interest if
the County deems the interest to be in
conflict with the best interests of the
County.
This list of prohibited activities is.intended
to illustrate types of actions that create a
conflict of interest, a potential conflict of
interest, or the appearance of a conflict of
interest. These examples are not intended to
be exhaustive or to limit the types of actions
that are prohibited by State of Oregon Ethics
Law or Deschutes County policy.
(Ord. 2007-017, §2, 2007; Ord. 86-011, § 1,
1986; Ord. 81-053, §1, 1981)
3.28.030. Political Activities.
Employee involvement in certain political
activities is protected under the First
Amendment. However, under Oregon and
federal law, there are some restrictions on the
political activities of Oregon public
employees. County employees are expected
to be familiar with and to comply with these
laws as they currently exist or as amended.
Oregon law (ORS 260.432(2)) requires that:
"No public employee shall solicit any money,
influence, service or other thing of value or to
promote or oppose any political committee
or to promote or oppose the nomination or
election of a candidate, the gathering of
signatures on an initiative, referendum or
recall petition, the adoption of a measure or
the recall of a public office holder while on
Chapter 3.28 2 (6/2007)
the job during working hours. However, this
section does not restrict the right of a public
employee to express personal political
views."
The Hatch Act (federal law) further
requires that employees whose principal job
responsibilities are financed in whole or in
part from loans or grants made by the federal
government may not use their official
influence to interfere with or affect the result
of an election or a nomination for office. An
employee covered by the Act may not, either
directly or indirectly, coerce or advise
another employee to contribute anything of
value in any form whatsoever to any
organization or agency for political purposes.
The expression of personal political views
while on the job during working hours is
permitted only to the extent that such
expression does not interfere with the
performance of the employee's duties or
performance of the duties of other
employees. While on the job, during
working hours, any comment or suggestion to
fellow employees or the public to vote a
certain way is prohibited, even if it does not
interfere with the performance of duties of
the employee or other employees. Politically
related activities such as fundraising,
soliciting volunteer help on political
campaigns or disseminating partisan election
material is prohibited while on the job during
working hours.
(Ord. 2007-017, §2, 2007; Ord. 86-011, § 1,
1986; Ord. 81-053, §1, 1981)
3.28.040. Personal Appearance, Dress
and Grooming.
The County respects each employee's
individuality and expects that each employee
will use common sense and good judgment in
choosing appropriate clothing to wear while
performing duties for the County. The
County expects its employees to present a
clean and professional appearance at work.
Employees should dress and groom
themselves in accordance with the
requirements of their position and accepted
social standards, particularly if the
employee's job duties involve in-person
contact with the public.
Each County department may establish
appearance, dress and grooming standards for
the department's employees which may
include the requirement that department
employees wear a uniform, as prescribed by
the department, while on duty.
If an employee's immediate supervisor or
department head feels that an employee's
personal appearance, dress or grooming is
inappropriate or offensive, the employee's
supervisor or department head may require
the employee to leave the workplace until the
employee's appearance, dress and grooming
is appropriate for work. I f an employee is
required to leave work because of
inappropriate appearance, dress or grooming,
the employee will not be compensated for the
time away from work. If an employee fails
or refuses to comply with a lawful directive
of a supervisor or department head to change
appearance, dress or grooming that the
supervisor or department head determines is
inappropriate or offensive, the employee will
be subject to disciplinary action, up to and
including possible termination of
employment.
Notwithstanding the foregoing, the
County shall make reasonable
accommodations for appearance, dress or
grooming to a person with a legally protected
disability or to accommodate a bona fide
religious belief.
(Ord. 2007-017, §2, 2007; Ord. 86-011, § 1,
1986; Ord. 81-053, §l, 1981)
3.28.050. Smoking or Use of Tobacco
Products.
Smoking and use of tobacco products is
prohibited in all County buildings, vehicles
and equipment. Employees may only smoke
or use tobacco products in designated areas
outside County buildings, vehicles or
equipment.
Employees may only use designated rest
and meal periods for smoking or use of
tobacco products. Additional breaks for
smoking or use of tobacco products are not
permitted.
Chapter 3.28 3 (6/2007)
,.4
County facilities located in incorporated
cities whose governing bodies adopt
ordinances establishing rules and regulations
with regard to smoking or use of tobacco
products shall be subject to the terms and
conditions of said ordinances. If an
applicable city ordinance is more restrictive
than state law or this code provision, the city
ordinance shall apply.
(Ord. 2007-017, §2, 2007; Ord. 86-011, § 1,
1986; Ord. 81-053, §1, 1981)
3.28.060 Acceptance of Gifts.
The provisions of Oregon Ethics Law
notwithstanding, County employees, acting in
their official capacity, shall not accept any
gift from any source with a value in excess of
$100 nor, in the course of a calendar year,
smaller gifts from a single source with an
aggregate value exceeding $100. Gifts
received by County employees, valued at
$100 or less, shall, to the extent practical, be
shared with other County employees. County
employees may accept gifts with de minimis
value, such as caps, coffee mugs, pens and
paperweights, and are not expected to share
such gifts. Gifts with a value in excess of
$100 shall be refused, returned to the sender,
or donated to a charitable organization.
(Ord. 2007-017, §2, 2007; Ord. 86-011, § 1,
1986; Ord. 81-053, §1, 1981)
Chapter 3.28 4 (6/2007)
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 10
Sponsored by Senators BROWN, COURTNEY, Representative MERKLEY; Senator MORRISETTE
(Presession filed.)
CHAPTER
AN ACT
Relating to government ethics; creating new provisions; amending ORS 171.725, 171.730, 171.735,
171.740, 171.745, 171.750, 171.772, 171.992, 244.020, 244.040, 244.045, 244.050, 244.060, 244.070,
244.100, 244.110, 244.280, 244.290, 244.350, 244.360, 244.390, 260.407, 293.708, 351.067 and 353.270
and sections 5, 14, 15 and 40b, chapter Oregon Laws 2007 (Enrolled House Bill 2595); and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
COMMISSION FUNDING
SECTION 1. Section 2 of this 2007 Act is added to and made a part of ORS chapter 244.
SECTION 2. (1) The Oregon Government Standards and Practices Commission shall es-
timate 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 ex-
penses 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 gov-
ernment. 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.
Enrolled Senate Bill 10 (SB 10-C) Page 1
(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 Standards and Practices Commission Account established under ORS
244.345.
(5) The commission shall adopt rules specifying the methods for calculating and collect-
ing 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), 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 3. The Oregon Government Standards and Practices Commission shall first
impose charges under section 2 of this 2007 Act for the biennium beginning July 1, 2009.
REPORTING REQUIREMENTS
SECTION 4. Section 5 of this 2007 Act is added to and made a part of ORS 171.725 to
171.755.
SECTION 5. Statements required to be filed with the Oregon Government Standards and
Practices Commission under ORS 171.745 and 171.750 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 6. ORS 171.725 is amended to read:
171.725. As used in ORS 171.725 to 171.785, unless the context requires otherwise:
(1) "Compensation" has the meaning given that term in ORS 292.951.
(2) "Consideration" includes a gift, payment, distribution, loan, advance or deposit of money or
anything of value, and includes a contract, promise or agreement, whether or not legally enforcea-
ble.
(3) "Executive agency" means a commission, board, agency or other body in the executive
branch of state government that is not part of the legislative or judicial branch.
(4) "Executive official" means any member or member-elect of an executive agency and any
member of the staff or an employee of an executive agency. A member of a state board or commis-
sion, other than a member who is employed in full-time public service, is not an executive official
for purposes of ORS 171.725 to 171.785.
(5) "Judge" means an active judge serving on the Oregon Supreme Court, Court of Appeals,
Oregon Tax Court, or an Oregon circuit court.
(6) "Legislative action" means introduction, sponsorship, testimony, debate, voting or any other
official action on any measure, resolution, amendment, nomination, appointment, or report, or any
matter that may be the subject of action by either house of the Legislative Assembly, or any com-
mittee of the Legislative Assembly, or the approval or veto thereof by the Governor.
Enrolled Senate Bill 10 (SB 10-C) Page 2
(7) "Legislative official" means any member or member-elect of the Legislative Assembly, any
member of an agency, board or committee that is part of the legislative branch, and any staff person,
assistant or employee thereof.
(8) "Lobbying" means influencing, or attempting to influence, legislative action through oral or
written communication with legislative officials, solicitation of [others] executive officials or other
persons to influence or attempt to influence legislative action or attempting to obtain the goodwill
of legislative officials. '
(9) "Lobbyist" means:
(a) Any individual who agrees to provide personal services for money or any other consideration
for the purpose of lobbying.
(b) Any person not otherwise subject to paragraph (a) of this subsection who provides personal
services as a representative of a corporation, association, organization or other group, for the pur-
pose of lobbying.
(c) Any public official who lobbies.
(10) "Public agency" means a commission, board, agency or other governmental body.
(11) "Public official" means any member or member-elect of any public agency and any member
of the staff or an employee of the public agency.
SECTION 6a. ORS 171.730 is amended to read:
171.730. The Legislative Assembly finds that, to preserve and maintain the integrity of the leg-
islative process, persons who engage in efforts to [persuade members of the Legislative Assembly or
the executive branch to take specific actions] influence legislative action, either by direct commu-
nication with [members or employees of the Legislative Assembly or the executive branch] legislative
officials or by solicitation of [others] executive officials or other persons to engage in those ef-
forts, should regularly report their efforts to the public.
SECTION 6b. ORS 171.735 is amended to read:
171.735. ORS 171.740 and 171.745 do not apply to the following persons:
(1) News media, or their employees or agents, that in the ordinary course of business directly
or indirectly urge legislative action but that engage in no other activities in connection with the
legislative action.
(2) Any legislative official acting in an official capacity.
(3) Any individual who [receives no] does not receive compensation or reimbursement of ex-
penses for lobbying, who limits lobbying activities solely to formal appearances to give testimony
before public sessions of committees of the Legislative Assembly, or public hearings of state agen-
cies, and who, when testifying, registers an appearance in the records of the committees or agencies.
(4) A person who [spends not] does not spend more than an aggregate amount of 24 hours
during any calendar quarter lobbying and who does not spend an aggregate amount in excess of
$100 lobbying during any calendar quarter.
(5) The Governor, [Executive Assistant to] chief of staff for the Governor, [Legal Counsel]
deputy chief of staff for the Governor, legal counsel to the Governor, deputy legal counsel to
the Governor, Secretary of State, Deputy Secretary of State appointed pursuant to ORS 177.040,
State Treasurer, Chief Deputy State Treasurer appointed pursuant to ORS 178.060, chief of staff
for the office of the State Treasurer, Attorney General, Deputy Attorney General appointed
pursuant to ORS 180.130, Superintendent of Public Instruction, Commissioner of the Bureau of Labor
and Industries, members and staff of the Oregon Law Commission who conduct the law re-
vision program of the commission or [and] any judge.
SECTION 6c. ORS 171.740 is amended to read:
171.740. (1) Within three [working] business days after exceeding the limit of time or expendi-
ture specified in ORS 171.735 (4), a lobbyist shall register with the Oregon Government Standards
and Practices Commission by filing with the commission a statement containing the following in-
formation:
(a) The name, address and telephone number of the lobbyist.
Enrolled Senate Bill 10 (SB 10-C) Page 3
(b) The name, address and telephone number of each person that employs the lobbyist or in
whose interest the lobbyist appears or works.
(c) A general description of the trade, business, profession or area of endeavor of any person
designated under paragraph (b) of this subsection, and a statement by the person that the lobbyist
is officially authorized to lobby for the person.
(d) The name of any member of the Legislative Assembly employed, retained or otherwise com-
pensated by:
(A) The lobbyist designated under paragraph (a) of this subsection; or
(B) A person designated under paragraph (b) of this subsection.
(e) The general subject or subjects of the legislative action of interest to the person for whom
the lobbyist is registered.
(2) The designation of official authorization to lobby shall be signed by an official of each person
that employs the lobbyist or in whose interest the lobbyist appears or works.
(3) A lobbyist must file a separate registration statement under this section for each
person that employs the lobbyist or in whose interest the lobbyist appears or works. If a
lobbyist appears or works for a person for whom the lobbyist has not registered, the lobbyist shall
register with the commission [within three working days of the lobbyist's appearance] not later than
three business days after the day the lobbyist first appears or works for the person.
(4) If any of the information submitted by a lobbyist in the statement required under subsection
(1) of this section changes, the lobbyist shall revise the statement within 30 days of the change.
(5) A lobbyist registration expires December 31 of an odd-numbered year. If a lobbyist renews
the registration before March 31 of the following even-numbered year, the commission shall consider
the registration to have been effective as of December 31 of the odd-numbered year on which the
registration expired.
(6) For the statement required by this section, an entity comprised of more than one lobbyist
may file one statement for the lobbyists [that] who comprise the entity. The statement the entity
files must include the names of the individuals authorized to lobby on behalf of the client listed in
the statement.
SECTION 6d. ORS 171.745 is amended to read:
171.745. (1) A lobbyist registered with the Oregon Government Standards and Practices Com-
mission or required to register with the commission shall, [on January 31 and July 31, of each
even-numbered year, and on January 31, April 30 and July 31 of each odd-numbered year] according
to the schedule described in section 5 of this 2007 Act, 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. [in the preceding reporting period for:]
[(A) Food, refreshments and entertainment;]
[(B) Printing, postage and telephone;]
[(C) Advertising, public relations, education and research; and]
[(D) Miscellaneous; and]
[(b) The name of any legislative or executive official to whom or for whose benefit, on any one oc-
casion, an expenditure in excess of $25 is made for the purposes of lobbying, and the date, name of
payee, purpose and amount of that expenditure.]
(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) Beginning on July 1, 1979, the dollar amount specified in subsection (1)(b) of this section shall
be adjusted annually by the commission based upon the change in the Portland Consumer Price Index
for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United
States Department of Labor or its successor during the preceding 12-month period. The amount deter-
mined under this subsection shall be rounded to the nearest dollar.]
Enrolled Senate Bill 10 (SB 10-C) Page 4
[(3)] (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 re-
quired 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.
[(4) Notwithstanding ORS 171.735, 171.740 and subsections (1) to (3) of this section, a registered
lobbyist, who engages in lobbying activities without compensation on behalf of an organization is not
required to register as a lobbyist for the organization as long as the lobbying activity does not exceed
the financial or time limits set in ORS 171.735 (4).]
[(5)] (3) A statement required by this section shall include a copy of any notice provided to a
public official under ORS 244.100 [(3)] (2).
[(6)] (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 7. 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 Standards and Practices Commission at any time during the
[preceding] calendar year[,] shall file with the commission, [by January 31st of each year] according
to the schedule described in section 5 of this 2007 Act, a statement showing[,] for the [preceding
calendar year] applicable reporting period:
(a) The total amount of all moneys expended for lobbying activities on the persons behalf, ex-
cluding 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 oc-
casion, an expenditure in excess of $25 for the purpose of lobbying is made by the person, but not in-
cluding information previously reported in compliance with ORS 171.745, and the date, name of payee,
purpose and amount of that expenditure.]
(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) Using July 1, 1979, as the base, the dollar amount specified in subsection (1)(b) of this section
shall be adjusted annually by the commission based upon the change in the Portland Consumer Price
Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the
United States Department of Labor, or its successor, during the preceding 12-month period. The amount
determined under this subsection shall be rounded to the nearest dollar.]
[(3)] (2) A statement required under subsection (1) of this section shall include a copy of any
notice provided to a public official under ORS 244.100 [(3)] (2).
SECTION 8. ORS 171.772 is amended to read:
171.772. In carrying out the provisions of ORS 171.725 to 171.785, the Oregon Government
Standards and Practices Commission shall:
(1) Prescribe forms for registrations, statements and reports required to be filed by ORS 171.725
to 171.785[,] and provide [such] the forms to persons required to register and to file [such] the
statements and reports[;].
(2) Accept and file any information voluntarily supplied that exceeds the requirements of ORS
171.725 to 171.785[,• and].
Enrolled Senate Bill 10 (SB 10-C) Page 5
(3) Make registrations, statements and reports filed available for public inspection and copying
during regular office hours, and make copying facilities available at a charge not to exceed actual
cost.
(4) Adopt by rule an electronic filing system under which statements required to be filed
under ORS 171.745 and 171.750 may be filed with the commission in an electronic format. The
commission may not charge a fee for filing a statement under this subsection. The commis-
sion shall accept statements filed under ORS 171.745 and 171.750 in a format that is not
electronic.
(5) Provide training on procedures for filing statements under subsection (4) of this sec-
tion.
(6) Make statements filed under ORS 171.745 and 171.750, including statements that are
not filed in an electronic format, available in a searchable format for review by the public
using the Internet.
SECTION 8a. ORS 171.772, as amended by section 8 of this 2007 Act, is amended to read:
171.772. In carrying out the provisions of ORS 171.725 to 171.785, the Oregon Government
Standards and Practices Commission shall:
(1) Prescribe forms for registrations, statements and reports required to be filed by ORS 171.725
to 171.785 and provide the forms to persons required to register and to file the statements and re-
ports.
(2) Accept and file any information voluntarily supplied that exceeds the requirements of ORS
171.725 to 171.785.
(3) Make registrations, statements and reports filed available for public inspection and copying
during regular office hours, and make copying facilities available at a charge not to exceed actual
cost.
(4) Adopt by rule an electronic filing system under which statements required to be filed under
ORS 171.745 and 171.750 [may] must be filed with the commission in an electronic format. The
commission may not charge a fee for filing a statement under this subsection. [The commission shall
accept statements filed under ORS 171.745 and 171.750 in a format that is not electronic.]
(5) Provide training on procedures for filing statements under subsection (4) of this section.
(6) Make statements filed under ORS 171.745 and 171.750[, including statements that are not filed
in an electronic format,] available in a searchable format for review by the public using the Internet.
SECTION 8b. The amendments to ORS 171.772 by section 8a of this 2007 Act become op-
erative January 1, 2010.
SECTION 9. ORS 244.290 is amended to read:
244.290. (1) The Oregon Government Standards and Practices Commission shall:
[(1)] (a) Prescribe forms for statements required by this chapter and provide the forms to per-
sons required to file the statements under this chapter or resolution adopted [pursuant thereto] un-
der this chapter.
[(2)] (b) Prepare, publish and provide a manual setting forth recommended uniform methods of
reporting for use by persons filing statements under this chapter or resolution adopted [pursuant
thereto] under this chapter.
[(3)] (c) Develop a filing, coding and cross-indexing system consistent with the purposes of this
chapter.
[(4)] (d) Prepare and publish [such] any reports [as] the commission [finds] determines are
necessary.
(e) Not later than February 1 of each odd-numbered year, report to the Legislative As-
sembly any recommended changes to provisions of ORS 171.725 to 171.785 or this chapter.
[(5)] (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;
Enrolled Senate Bill 10 (SB 10-C) Page 6
(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 jurisdictiorvare so few or infrequent as not to warrant
the public disclosure;
(c) Establish an administrative process whereby a person subpoenaed by the commission may
obtain a protective order; [and]
(d) List criteria and establish a process for the commission to use prosecutorial discretion to
decide whether to proceed with an inquiry or investigation[.]; and
(e) Describe the application of provisions exempting items from the definition of "gift"
in ORS 244.020 (5)(b) and the application of the prohibition on entertainment contained in
section 18 of this 2007 Act.
(3) The commission shall adopt by rule an electronic filing system under which state-
ments required to be filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act may
be filed, without a fee, with the commission in an electronic format. The commission shall
accept statements filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act in a
format that is not electronic.
(4) The commission shall make statements filed under ORS 244.050 and 244.100 and sec-
tion 35 of this 2007 Act, including statements that are not filed in an electronic format,
available in a searchable format for review by the public using the Internet.
SECTION 9a. ORS 244.290, as amended by section 9 of this 2007 Act, is amended to read:
244.290. (1) The Oregon Government Standards and Practices Commission shall:
(a) Prescribe forms for statements required by this chapter and provide the forms to persons
required to file the statements under this chapter or resolution adopted under this chapter.
(b) Prepare, publish and provide a manual setting forth recommended uniform methods of re-
porting for use by persons filing statements under this chapter or resolution adopted under this
chapter.
(c) Develop a filing, coding and cross-indexing system consistent with the purposes of this
chapter.
(d) Prepare and publish any reports the commission determines are necessary.
(e) Not later than February 1 of each odd-numbered year, report to the Legislative Assembly
any recommended changes to provisions of ORS 171.725 to 171.785 or this chapter.
(2) The commission shall adopt rules necessary to carry out its duties under ORS 171.725 to
171.785 and 171.992 and this chapter, including rules to:
(a) Create a procedure under which items before the commission may be treated under a consent
calendar and voted on as a single item;
(b) Exempt a public official who is otherwise required to file a statement pursuant to ORS
244.050 from filing the statement if the regularity, number and frequency of the meetings and actions
of the body over which the public official has jurisdiction are so few or infrequent as not to warrant
the public disclosure;
(c) Establish an administrative process whereby a person subpoenaed by the commission may
obtain a protective order;
(d) List criteria and establish a process for the commission to use prosecutorial discretion to
decide whether to proceed with an inquiry or investigation; and
(e) Describe the application of provisions exempting items from the definition of "gift" in ORS
244.020 (5)(b) and the application of the prohibition on entertainment contained in section 18 of this
2007 Act.
(3) The commission shall adopt by rule an electronic filing system under which statements re-
quired to be filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act [may] must be filed,
without a fee, with the commission in an electronic format. [The commission shall accept statements
filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act in a format that is not
electronic.]
Enrolled Senate Bill 10 (SB 10-C) Page 7
(4) The commission shall make statements filed under ORS 244.050 and 244.100 and section 35
of this 2007 Act[, including statements that are not filed in an electronic format,] available in a
searchable format for review by the public using the Internet.
SECTION 9b. The amendments to ORS 244.290 by section 9a of this 2007 Act become op-
erative January 1, 2010.
SECTION 9c. If House Bill 2595 becomes law, sections 9 and 9a of this 2007 Act (amending
ORS 244.290) and section 9b of this 2007 Act are repealed and ORS 244.290, as amended by
section 3, chapter Oregon Laws 2007 (Enrolled House Bill 2595), is amended to read:
244.290. (1) The Oregon Government Ethics Commission shall:
(a) Prescribe forms for statements required by this chapter and provide the forms to persons
required to file the statements under this chapter or pursuant to a resolution adopted under ORS
244.160.
(b) Develop a filing, coding and cross-indexing system consistent with the purposes of this
chapter.
(c) Prepare and publish reports the commission finds are necessary.
(d) Make advisory opinions issued by the commission or the executive director of the commis-
sion 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 in-
spection 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 As-
sembly 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 sec-
tion 18 of this 2007 Act;
[(fl] (g) Specify when a continuing violation is considered a single violation or a separate and
distinct violation for each day the violation occurs; and
[(g)] (h) Set criteria for determining the amount of civil penalties that the commission may im-
pose.
(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;
Enrolled Senate Bill 10 (SB 10-C) Page 8
(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 in-
formation 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 un-
changed 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 pro-
visions 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 state-
ments required to be filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act may
be filed, without a fee, with the commission in an electronic format. The commission shall
accept statements filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act in a
format that is not electronic.
(6) The commission shall make statements filed under ORS 244.050 and 244.100 and sec-
tion 35 of this 2007 Act, including statements that are not filed in an electronic format,
available in a searchable format for review by the public using the Internet.
SECTION 9d. If House Bill 2595 becomes law, ORS 244.290, as amended by section 3, chapter
Oregon Laws 2007 (Enrolled House Bill 2595), and section 9c of this 2007 Act, is amended to
read:
244.290. (1) The Oregon Government Ethics Commission shall:
(a) Prescribe forms for statements required by this chapter and provide the forms to persons
required to file the statements under this chapter or pursuant to a resolution adopted under ORS
244.160.
(b) Develop a filing, coding and cross-indexing system consistent with the purposes of this
chapter.
(c) Prepare and publish reports the commission finds are necessary.
(d) Make advisory opinions issued by the commission or the executive director of the commis-
sion 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 in-
spection 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;
Enrolled Senate Bill 10 (SB 10-C) Page 9
(e) Establish a procedure under which the commission shall conduct accuracy audits of a sample
of reports or statements filed with the commission under this chapter or ORS 171.725 to 171.785;
(f) Describe the application of provisions exempting items from the definition of "gift" in ORS
244.020 (5)(b) and the application of the prohibition on entertainment contained in section 18 of this
2007 Act;
(g) Specify when a continuing violation is considered a single violation or a separate and dis-
tinct 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 in-
formation 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 un-
changed 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 pro-
visions 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 re-
quired to be filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act [may] must be filed,
without a fee, with the commission in an electronic format. [The commission shall accept statements
filed under ORS 244.050 and 244.100 and section 35 of this 2007 Act in a format that is not
electronic.]
(6) The commission shall make statements filed under ORS 244.050 and 244.100 and section 35
of this 2007 Act[, including statements that are not filed in an electronic format,] available in a
searchable format for review by the public using the Internet.
SECTION 9e. If House Bill 2595 becomes law, the amendments to ORS 244.290 by section
9d of this 2007 Act become operative January 1, 2010.
CIVIL PENALTIES
SECTION 10. ORS 171.992 is amended to read:
171.992. (1) Any person who violates any provision of ORS 171.740 to 171.762, or any rule
adopted [pursuant thereto] under ORS 171.725 to 171.785, shall forfeit and pay to the General Fund
for each violation a civil penalty [for each violation] of not more than [$1,000] $5,000, to be deter-
mined by the Oregon Government Standards and Practices Commission.
(2)(a) The commission may impose civil penalties upon a person who fails to file the
statement required under ORS 171.745 or 171.750. In enforcing this subsection, the commis-
sion is not required to follow the procedures in ORS 171.778 before finding that a violation
of ORS 171.745 or 171.750 has occurred.
(b) Failure to file the required statement in timely fashion is prima facie evidence of a
violation of ORS 171.745 or 171.750.
Enrolled Senate Bill 10 (SB 10-C) Page 10
(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 and $50 for each day thereafter. The maximum
penalty that may be imposed under this subsection is $5,000.
[(2)] (3) [The] A civil penalty [referred to in subsection (1) of] imposed under this section may
be recovered in an action brought [thereon] in the name of the State of Oregon in any court of ap-
propriate jurisdiction or may be imposed as provided in ORS 183.745. In any proceedings before the
court, including judicial review under ORS 183.745, the court may review the penalty as to both li-
ability and reasonableness of amount.
(4)(a) Except as provided in paragraph (b) of this subsection, the commission shall report,
in the manner described in ORS 192.245, to the Legislative Assembly violations of any pro-
vision of ORS 171.740 to 171.762, or any rule adopted under ORS 171.725 to 171.785, for which
a penalty is imposed under this section. The report shall include the name of the person
against whom the penalty was imposed and describe the nature of the violation.
(b) The commission shall adopt rules specifying conditions under which repeated vio-
lations of ORS 171.745 or 171.750 involving a failure to file required statements in a timely
fashion are reported to the Legislative Assembly.
(5) In lieu of or in conjunction with finding a violation of law or rule or imposing a civil
penalty under this section, the commission may issue a written letter of reprimand, expla-
nation or education.
SECTION 11. ORS 244.350 is amended to read:
244.350. (1) The Oregon Government Standards and Practices Commission or the court under
ORS 244.260 (8) may impose civil penalties not to exceed:
(a) Except as provided in paragraph (b) of this subsection, [$1,000] $5,000 for [violating] vio-
lation of any provision of this chapter or any resolution adopted under this chapter.
(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 [violating] violation of any provision of ORS 192.660. [How-
ever,]
(b) A civil penalty may not be imposed under this subsection if the violation occurred as a re-
sult 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 pen-
alty that may be imposed under subsection (1) of this section.
(4)(a) The commission may impose civil penalties upon a person who fails to file the
statement required under ORS 244.050 or 244.100 or section 35 of this 2007 Act. In enforcing
this subsection, the commission is not required to follow the procedures in ORS 244.260 be-
fore finding that a violation of ORS 244.050 or 244.100 or section 35 of this 2007 Act has oc-
curred.
(b) Failure to file the required statement in timely fashion is prima facie evidence of a
violation of ORS 244.050 or 244.100 or section 35 of this 2007 Act.
(c) The commission may impose a civil penalty of $10 for each of the first 14 days the
statement is late beyond the date set by law, or by the commission under ORS 244.050, and
$50 for each day thereafter. The maximum penalty that may be imposed under this sub-
section is $5,000.
(5) In lieu of or in conjunction with finding a violation of law or any resolution or im-
posing a civil penalty under this section, the commission may issue a written letter of
reprimand, explanation or education.
[(4)] (6) Any penalty imposed under this section is in addition to and not in lieu of any other
penalty or sanction that may be imposed according to law, including removal from office.
SECTION 11a. If House Bill 2595 becomes law, section 11 of this 2007 Act (amending ORS
244.350) is repealed and ORS 244.350, as amended by section 18, chapter Oregon Laws
2007 (Enrolled House Bill 2595), is amended to read:
Enrolled Senate Bill 10 (SB 10-C) Page 11
244.350. (1) The Oregon Government Ethics Commission may impose civil penalties not to ex-
ceed:
(a) Except as provided in paragraph (b) of this subsection, $5,000 for violation of any provision
of this chapter or any resolution adopted under ORS 244.160.
(b) $25,000 for violation of ORS 244.045.
(2)(a) Except as provided in paragraph (b) of this subsection, the commission may impose civil
penalties not to exceed $1,000 for violation of any provision of ORS 192.660.
(b) A civil penalty may not be imposed under this subsection if the violation occurred as a result
of the governing body of the public body acting upon the advice of the public body's counsel.
(3) The commission may impose civil penalties not to exceed $250 for violation of ORS 293.708.
A civil penalty imposed under this subsection is in addition to and not in lieu of a civil penalty that
may be imposed under subsection (1) of this section.
(4)(a) The commission may impose civil penalties on a person who fails to file the statement
required under ORS 244.050 or 244.100 or section 35 of this 2007 Act. In enforcing this subsection,
the commission is not required to follow the procedures in ORS 244.260 before finding that a vio-
lation of ORS 244.050 or 244.100 or section 35 of this 2007 Act has occurred.
(b) Failure to file the required statement in timely fashion is prima facie evidence of a violation
of ORS 244.050 or 244.100 or section 35 of this 2007 Act.
(c) The commission may impose a civil penalty of $10 for each of the first 14 days the statement
is late beyond the date set by law, or by the commission under ORS 244.050, and $50 for each day
thereafter. The maximum penalty that may be imposed under this subsection is $5,000.
(d) A civil penalty imposed under this subsection is in addition to and not in lieu of sanctions
that may be imposed under ORS 244.380.
(5) In lieu of or in conjunction with finding a violation of law or any resolution or im-
posing a civil penalty under this section, the commission may issue a written letter of
reprimand, explanation or education.
SECTION 12. ORS 244.360 is amended to read:
244.360. [The Oregon Government Standards and Practices Commission, in addition to civil pen-
alties prescribed in ORS 244.350, may require any public official who has financially benefited the
public official or any other person by violation of any provision of this chapter to forfeit twice the
amount that the public official or any other person realized from violating any provision of this chap-
ter.] In addition to civil penalties imposed under ORS 244.350, if a public official has financially
benefited the public official or any other person by violating any provision of this chapter,
the Oregon Government Standards and Practices Commission may impose upon the public
official a civil penalty in an amount equal to twice the amount the public official or other
person realized as a result of the violation.
SECTION 12a. If House Bill 2595 becomes law, section 12 of this 2007 Act (amending ORS
244.360) is repealed and ORS 244.360, as amended by section 19, chapter Oregon Laws
2007 (Enrolled House Bill 2595), is amended to read:
244.360. In addition to civil penalties imposed under ORS 244.350, if a public official has finan-
cially benefited the public official or any other person by violating any provision of this chapter, the
Oregon Government Ethics Commission for a court] may impose upon the public official a civil
penalty in an amount equal to twice the amount the public official or other person realized as a
result of the violation.
SECTION 13. 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 Standards and Practices Commission a verified statement of economic interest as re-
quired 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 mem-
bers of the Legislative Assembly.
Enrolled Senate Bill 10 (SB 10-C) Page 12
N Any judicial officer, including justices of the peace and municipal judges, except municipal
judges in those cities where a majority of the votes cast in the subject city in the 1974 general
election was in opposition to the ballot measure provided for in section 10, chapter 68, Oregon Laws
1974 (special session), and except any pro tem judicial officer who does not otherwise serve as a
judicial officer.
(c) Any candidate for an 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.
M 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 Standards and Practices 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.
M Every elected city or county official except elected officials in those cities or counties where
a majority of votes cast in the subject city or county in any election on the issue of filing statements
of economic interest under this chapter was in opposition.
0) Every member of a city or county planning, zoning or development commission except such
members in those cities or counties where a majority of votes cast in the subject city or county at
any election on the issue of filing statements of economic interest under this chapter was in oppo-
sition to the ballot measure provided for in section 10, chapter 68, Oregon Laws 1974 (special ses-
sion).
(k) The chief executive officer of a city or county who performs the duties of manager or prin-
cipal administrator of the city or county except such employees in those cities or counties where
a majority of votes cast in the subject city or county in an election on the issue of filing statements
of economic interest under this chapter was in opposition.
(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 of-
ficer thereof.
Enrolled Senate Bill 10 (SB 10-C) Page 13
(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 Standards and Practices Commission.
(H) Oregon Health Policy Commission.
(1) 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 Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to 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
and 777.915 to 777.953.
(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 Gov-
ernment Standards and Practices 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
[elective] 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
[elective] public office described in subsection (1) of this section who was not a candidate in the
preceding primary election, or who was nominated for [elective] 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.
Enrolled Senate Bill 10 (SB 10-C) Page 14
V5) The Legislative Assembly shall maintain a continuing review of the operation of this
chapter.]
[(6)] (5) Subsections (1) to [(5)] (4) of this section apply only to persons who are incumbent,
elected or appointed officials as of April 15 and to persons who are candidates for office on April
15. Those [sections] subsections also apply to persons who do not become candidates until 30 days
after the filing deadline for the statewide general election.
[(7)(a)] (6) [Failure to file the statement required by this section subjects a person to a civil penalty
that may be imposed as specified in ORS 183.745, but the enforcement of this subsection does not re-
quire the Oregon Government Standards and Practices Commission to follow the procedures in ORS
244.260 before finding that a violation of this section has occurred.]
[(b) Failure to file the required statement in timely fashion shall be prima facie evidence of a vio-
lation of this section.]
[(c) If within five days after the date on which the statement is to be filed under this section the
statement has not been received by the commission,] If a statement required to be filed under this
section has not been received by the commission within five days after the date the state-
ment 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 [of $5 for each day the statement is late beyond the date fixed by the commission. The
maximum penalty that may be accrued under this section is $1,0001 as provided in ORS 244.350.
[(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.]
SECTION 14. ORS 260.407 is amended to read:
260.407. (1) Except as provided in subsection (2) of this section, amounts received as contrib-
utions by a candidate or the principal campaign committee of a candidate for public office that are
in excess of any amount necessary to defray campaign expenditures and any other funds donated to
a holder of public office may be:
(a) Used to defray any expenses incurred in connection with the recipient's duties as a holder
of public office;
(b) Transferred to any national, state or local political committee of any political party;
(c) Contributed to any organization described in section 170(c) of Title 26 of the United States
Code or to any charitable corporation defined in ORS 128.620; or
(d) Used for any other lawful purpose.
(2) Notwithstanding subsection (1) of this section, amounts received as contributions by a can-
didate for public office that are in excess of any amount necessary to defray campaign expenditures
and other funds donated to a holder of public office [shall] may not be:
(a) Converted by any person to any personal use other than to defray any expenses incurred in
connection with the person's duties as a holder of public office or to repay to a candidate any loan
the proceeds of which were used in connection with the candidate's campaign;
(b) Except as provided in this paragraph, used to pay any money award as defined in ORS
18.005 included as part of a judgment in a civil or criminal action or any civil penalty imposed
by an agency as defined in ORS 183.310 or by a local government as defined in ORS 174.116.
Contributions described in this subsection may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation of this section or ORS 260.409;
or
(c) Except as provided in this paragraph, used to pay any legal expenses incurred by the
candidate or public official in any civil, criminal or other legal proceeding or investigation
that relates to or arises from the course and scope of the duties of the person as a candidate
or public official. Contributions described in this subsection may be used to pay legal ex-
penses incurred by the candidate or public official in connection with a legal proceeding
brought under this chapter, other than a proceeding brought under this section or ORS
260.409.
Enrolled Senate Bill 10 (SB 10-C) Page 15
(3) As used in this section:
(a) "Funds donated" means all funds, including but not limited to gifts, loans, advances, credits
or deposits of money that are donated for the purpose of supporting the activities of a holder of
public office. "Funds donated" does not mean funds appropriated by the Legislative Assembly or
another similar public appropriating body or personal funds of the office holder donated to an ac-
count containing only those personal funds.
(b) "Public office" does not include national or political party office.
SUBSEQUENT EMPLOYMENT
SECTION 15. ORS 244.045 is amended to read:
244.045. (1) A person who has been a Public Utility Commissioner, the Director of the Depart-
ment of Consumer and Business Services, the Administrator of the Division of Finance and Corpo-
rate Securities, the Administrator of the Insurance Division, the Administrator of the Oregon Liquor
Control Commission or the Director of the Oregon State Lottery shall not:
(a) Within one year after the public official ceases to hold the position become an employee of
or receive any financial gain, other than reimbursement of expenses, from any private employer
engaged in the activity, occupation or industry over which the former public official had authority;
or
(b) Within two years after the public official ceases to hold the position:
(A) Be a lobbyist for or appear as a representative before the agency over which the person
exercised authority as a public official;
(B) Influence or try to influence the actions of the agency; or
(C) Disclose any confidential information gained as a public official.
(2) A person who has been a Deputy Attorney General or an assistant attorney general shall
not, within two years after the person ceases to hold the position, lobby or appear before an agency
that the person represented while employed by the Department of Justice.
(3) A person who has been the State Treasurer or the Chief Deputy State Treasurer shall not,
within one year after ceasing to hold office:
(a) Accept employment from or be retained by any private entity with whom the office of the
State Treasurer or the Oregon Investment Council negotiated or to whom either awarded a contract
providing for payment by the state of at least $25,000 in any single year during the term of office
of the treasurer;
(b) Accept employment from or be retained by any private entity with whom the office of the
State Treasurer or the Oregon Investment Council placed at least $50,000 of investment moneys in
any single year during the term of office of the treasurer; or
(c) Be a lobbyist for an investment institution, manager or consultant, or appear before the of-
fice of the State Treasurer or Oregon Investment Council as a representative of an investment in-
stitution, manager or consultant.
(4) A public official who as part of the official's duties invested public funds shall not within two
years after the public official ceases to hold the position:
(a) Be a lobbyist or appear as a representative before the agency, board or commission for which
the former public official invested public funds;
(b) Influence or try to influence the agency, board or commission; or
(c) Disclose any confidential information gained as a public official.
(5)(a) A person who has been a member of the Department of State Police, who has held a po-
sition with the department with the responsibility for supervising, directing or administering pro-
grams relating to gaming by a Native American tribe or the Oregon State Lottery and who has been
designated by the Superintendent of State Police by rule shall not, within one year after the member
of the Department of State Police ceases to hold the position:
(A) Accept employment from or be retained by or receive any financial gain related to gaming
from the Oregon State Lottery or any Native American tribe;
Enrolled Senate Bill 10 (SB 10-C) Page 16
(B) Accept employment from or be retained by or receive any financial gain from any private
employer selling or offering to sell gaming products or services;
(C) Influence or try to influence the actions of the Department of State Police; or
(D) Disclose any confidential information gained as a member of the Department of State Police.
(b) This subsection does not apply to:
(A) Appointment or employment of a person as an Oregon State Lottery Commissioner or as a
Tribal Gaming Commissioner or regulatory agent thereof,
(B) Contracting with the Oregon State Lottery as a lottery game retailer;
(C) Financial gain received from personal gaming activities conducted as a private citizen; or
(D) Subsequent employment in any capacity by the Department of State Police.
(c) As used in this subsection, "Native American tribe" means any recognized Native American
tribe or band of tribes authorized by the Indian Gaming Regulatory Act of October 17, 1988 (Public
Law 100-497), 25 U.S.C. 2701 et seq., to conduct gambling operations on tribal land.
(6) A person who has been a member of the Legislative Assembly may not receive money
or any other consideration for lobbying as defined in ORS 171.725 performed during the pe-
riod beginning on the date the person ceases to be a member of the Legislative Assembly and
ending on the date of adjournment sine die of the next regular session of the Legislative
Assembly that begins after the date the person ceases to be a member of the Legislative
Assembly.
SECTION 15a. Section 15b of this 2007 Act is added to and made a part of ORS chapter
244.
SECTION 15b. (1) For purposes of ORS 244.045 (6), if a special session of the Legislative
Assembly is held in calendar year 2008 or 2010, the first special session held in that calendar
year is considered a regular session of the Legislative Assembly.
(2) This section is repealed January 1, 2011.
GIFTS/FINANCIAL GAIN
SECTION 16. 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 per-
son 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 persons 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 V14A (11) of this section.
(2) "Business" means any corporation, partnership, proprietorship, firm, enterprise, franchise,
association, organization, self-employed individual and any other legal entity operated for economic
gain but excluding any income-producing not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official or a relative of the public official
is associated only as a member or board director or in a nonremunerative capacity.
(3) "Business with which the person is associated" means:
(a) Any private business or closely held corporation of which the person or the person's relative
is a director, officer, owner or employee, or agent or any private business or closely held corpo-
ration 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 cal-
endar year;
(b) Any publicly held corporation in which the person or the persons relative owns or has
owned $100,000 or more in stock or another form of equity interest, stock options or debt instru-
ments 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
Enrolled Senate Bill 10 (SB 10-C) Page 17
(d) For public officials required to file a statement of economic interest under ORS 244.050, any
business [from which 50 percent or more of the total annual income of the person and members of the
person's household is derived during the current calendar year] listed as a source of income as
required under ORS 244.060 (3).
[(4) "Commission" means the Oregon Government Standards and Practices Commission.]
[(5)] (4) "Development commission" means any entity which has the authority to purchase, de-
velop, improve or lease land or the authority to operate or direct the use of land. This authority
must be more than ministerial.
[(6) "Expenditure" has the meaning given that term in ORS 260.005.1
[(7)] (5)(a) "Gift" means something of economic value given to a public official or [the public
official's] a relative or member of the household of the public official:
(A) Without valuable consideration of equivalent value, including the full or partial forgiveness
of indebtedness, which is not extended to others who are not public officials or the relatives or
members of the household of public officials on the same terms and conditions; or [and something
of economic value given to a public official or the public official's relative]
(B) For valuable consideration less than that required from others who are not public officials.
[However, 'gift" does not mean:]
(b) "Gift" does not mean:
[(a) Campaign contributions, as described in ORS chapter 260.1
(A) Contributions as defined in ORS 260.005.
[(b)] (B) Gifts from [family members] relatives or members of the household of the public
official.
(C) An unsolicited token or award of appreciation in the form of a plaque, trophy, desk
item, wall memento or similar item, with a resale value reasonably expected to be less than
$25.
(D) Informational material, publications or subscriptions related to the recipient's per-
formance 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 of-
ficial appears to speak or to answer questions as part of a scheduled program.
(F) Reasonable expenses paid by any unit of the federal government, a state or local
government, a Native American Tribe that is recognized by federal law or formally ac-
knowledged 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 sec-
tion 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 a defined
in ORS 174.117.
(G) Contributions made to a legal expense trust fund established under section 31 of this
2007 Act for the benefit of the public official.
(H) Reasonable food, travel or lodging expenses provided to a public official, a relative
of the public official accompanying the public official, a member of the household of the
public official accompanying the public official or a staff member of the public official ac-
companying 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 re-
ceipt of the expenses is approved in advance.
Enrolled Senate Bill 10 (SB 10-C) Page 18
(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 bor-
rowing, 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 in-
vested moneys.
(J) Waiver or discount of registration expenses or materials provided to a public official
at a continuing education event that the public official may attend to satisfy a professional
licensing requirement.
(K) Expenses provided by one public official to another public official for travel inside this
state to or from an event that bears a relationship to the receiving public official's office and
at which the official participates in an official capacity.
(L) Food or beverage consumed by a public official at a reception where the food or
beverage is provided as an incidental part of the reception and no cost is placed on the food
or beverage.
(M) Entertainment provided to a public official or a relative or member of the household
of the public official that is incidental to the main purpose of another event.
(N) Entertainment provided to a public official or a relative or member of the household
of the public official where the public official is acting in an official capacity while repres-
enting state government as defined in ORS 174.111, a local government as defined in ORS
174.116 or a special government body as defined in ORS 174.117 for a ceremonial purpose.
[(c) The giving or receiving of food, lodging and travel when participating in an event which bears
a relationship to the public official's office and when appearing in an official capacity, subject to the
reporting requirement of ORS 244.060 (6).1
[(d) The giving or receiving of food or beverage if the food or beverage is consumed by the public
official or the public official's relatives in the presence of the purchaser or provider thereof.]
[(e) The giving or receiving of entertainment if the entertainment is experienced by the public offi-
cial or the public official's relatives in the presence of the purchaser or provider thereof and the value
of the entertainment does not exceed $100 per person on a single occasion and is not greater than $250
in any one calendar year.]
[(8)] (6) [`Honoraria"] "Honorarium" means a payment or something of economic value given
to a public official in exchange for services upon which custom or propriety prevents the setting
of a price. Services include, but are not limited to, speeches or other services rendered in connection
with an event [at which the public official appears in an official capacity].
[(9)] (7) "Income" means income of any nature derived from any source, including, but not lim-
ited to, any salary, wage, advance, payment, dividend, interest, rent, [honoraria] honorarium, return
of capital, forgiveness of indebtedness, or anything of economic value.
[(10)] (S) "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 sub-
ject to the action or vote of a person acting in the capacity of a public official.
L(11) "Legislative official" means any member or member-elect of the Legislative Assembly, any
member of an agency, board or committee that is part of the legislative branch and any staff person,
assistant or employee thereof. ]
[(12) "Member of household" means any relative who resides with the public official.]
(9) "Member of the household" means any person who resides with the public official.
[(13)] (10) "Planning commission" means a county planning commission created under ORS
chapter 215 or a city planning commission created under ORS chapter 227.
Enrolled Senate Bill 10 (SB 10-C) Page 19
[(14)] (11) "Potential conflict of interest" means any action or any decision or recommendation
by a person acting in a capacity as a public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the person's relative, or a business with which the
person or the person's relative is associated, unless the pecuniary benefit or detriment arises out
of the following:
(a) An interest or membership in a particular business, industry, occupation or other class re-
quired 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 persons relative or business with
which the person or the person's relative is associated, is a member or is engaged. The Oregon
Government Standards and Practices Commission may by rule limit the minimum size of or oth-
erwise establish criteria for or identify the smaller classes that qualify under this exception.
(c) Membership in or membership on the board of directors of a nonprofit corporation that is
tax-exempt under section 501(c) of the Internal Revenue Code.
(12) "Public office" has the meaning given that term in ORS 260.005.
[(15)] (13) "Public official" means any person who, when an alleged violation of this chapter
occurs, is serving the State of Oregon or any of its political subdivisions or any other public body
[of the state] as defined in ORS 174.109 as an [officer] elected official, appointed official, employee,
agent or otherwise, [and] irrespective of whether the person is compensated for [such] the services.
[(16)] (14) "Relative" means: [the spouse of the public official, any children of the public official
or of the public official's spouse, and brothers, sisters or parents of the public official or of the public
official's spouse.]
(a) The spouse of the public official;
(b) The domestic partner of the public official;
(c) Any children of the public official or of the public official's spouse;
(d) Siblings, spouses of siblings or parents of the public official or of the public official's
spouse;
(e) Any individual for whom the public official has a legal support obligation; or
(f) Any individual for whom the public official provides benefits arising from the public
official's public employment or from whom the public official receives benefits arising from
that individual's employment.
[(17)] (15) "Statement of economic interest" means a statement as described by ORS 244.060 to
244.080 or 244.100.
[(18) "Statewide official" means the Secretary of State or Secretary of State-elect, State Treasurer
or State Treasurer-elect, Superintendent of Public Instruction or Superintendent-elect of Public In-
struction, Attorney General or Attorney General-elect and the Commissioner of the Bureau of Labor
and Industries or the Commissioner-elect of the Bureau of Labor and Industries.]
[(19)] (16) "Zoning commission" means an entity to which is delegated at least some of the dis-
cretionary authority of a planning commission or governing body relating to zoning and land use
matters.
SECTION 16a. If House Bill 2595 becomes law, section 16 of this 2007 Act (amending ORS
244.020) is repealed and ORS 244.020, as amended by section 8, chapter Oregon Laws 2007
(Enrolled House Bill 2595), is amended to read:
244.020. As used in this chapter, unless the context requires otherwise:
(1) "Actual conflict of interest" means any action or any decision or recommendation by a per-
son acting in a capacity as a public official, the effect of which would be to the private pecuniary
benefit or detriment of the person or the person's relative or any business with which the person
or a relative of the person is associated unless the pecuniary benefit or detriment arises out of
circumstances described in subsection [(14)] (11) of this section.
(2) "Business" means any corporation, partnership, proprietorship, firm, enterprise, franchise,
association, organization, self-employed individual and any other legal entity operated for economic
Enrolled Senate Bill 10 (SB 10-C) Page 20
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 corpo-
ration 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 cal-
endar 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 instru-
ments at any point in the preceding calendar year;
(c) Any publicly held corporation of which the person or the person's relative is a director or
officer; or
(d) For public officials required to file a statement of economic interest under ORS 244.050, any
business [from which 50 percent or more of the total annual income of the person and members of the
person's household is derived during the current calendar year] listed as a source of income as
required under ORS 244.060 (3).
[N) "Commission" means the Oregon Government Ethics Commission.]
[(5)] (4) "Development commission" means any entity which has the authority to purchase, de-
velop, improve or lease land or the authority to operate or direct the use of land. This authority
must be more than ministerial.
[(6) "Expenditure" has the meaning given that term in ORS 260.005.1
[(7)] (5)(a) "Gift" means something of economic value given to a public official or [the public
official's] a relative or member of the household of the public official:
(A) Without valuable consideration of equivalent value, including the full or partial forgiveness
of indebtedness, which is not extended to others who are not public officials or the relatives or
members of the household of public officials on the same terms and conditions; or [and something
of economic value given to a public official or the public official's relative]
(B) For valuable consideration less than that required from others who are not public officials.
[However, 'gift" does not mean:j
(b) "Gift" does not mean:
[(a) Campaign contributions, as described in ORS chapter 260.1
(A) Contributions as defined in ORS 260.005.
[(b)] (B) Gifts from [family members.] relatives or members of the household of the public
official.
(C) An unsolicited token or award of appreciation in the form of a plaque, trophy, desk
item, wall memento or similar item, with a resale value reasonably expected to be less than
$25.
(D) Informational material, publications or subscriptions related to the recipient's per-
formance 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 of-
ficial appears to speak or to answer questions as part of a scheduled program.
(F) Reasonable expenses paid by any unit of the federal government, a state or local
government, a Native American Tribe that is recognized by federal law or formally ac-
knowledged 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 sec-
tion 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
Enrolled Senate Bill 10 (SB 10-C) Page 21
a presentation, participate on a panel or represent state government as defined in ORS
174.111, a local government as defined in ORS 174.116 or a special government body as defined
in ORS 174.117.
(G) Contributions made to a legal expense trust fund established under section 31 of this
2007 Act for the benefit of the public official.
(H) Reasonable food, travel or lodging expenses provided to a public official, a relative
of the public official accompanying the public official, a member of the household of the
public official accompanying the public official or a staff member of the public official ac-
companying the public official, when the public official is representing state government as
defined in ORS 174.111, a local government as defined in OAS 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 re-
ceipt 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 bor-
rowing, 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 in-
vested moneys.
(J) Waiver or discount of registration expenses or materials provided to a public official
at a continuing education event that the public official may attend to satisfy a professional
licensing requirement.
(K) Expenses provided by one public official to another public official for travel inside this
state to or from an event that bears a relationship to the receiving public official's office and
at which the official participates in an official capacity.
(L) Food or beverage consumed by a public official at a reception where the food or
beverage is provided as an incidental part of the reception and no cost is placed on the food
or beverage.
(M) Entertainment provided to a public official or a relative or member of the household
of the public official that is incidental to the main purpose of another event.
(N) Entertainment provided to a public official or a relative or member of the household
of the public official where the public official is acting in an official capacity while repres-
enting state government as defined in ORS 174.111, a local government as defined in ORS
174.116 or a special government body as defined in ORS 174.117 for a ceremonial purpose.
[(c) The giving or receiving of food, lodging and travel when participating in an event which bears
a relationship to the public official's office and when appearing in an official capacity, subject to the
reporting requirement of ORS 244.060 (6).]
[(d) The giving or receiving of food or beverage if the food or beverage is consumed by the public
official or the public official's relatives in the presence of the purchaser or provider thereof.]
[(e) The giving or receiving of entertainment if the entertainment is experienced by the public offi-
cial or the public official's relatives in the presence of the purchaser or provider thereof and the value
of the entertainment does not exceed $100 per person on a single occasion and is not greater than $250
in any one calendar year.]
MA (6) [`Honoraria"] "Honorarium" means a payment or something of economic value given
to a public official in exchange for services upon which custom or propriety prevents the setting
Enrolled Senate Bill 10 (SB 10-C) page 22
of a price. Services include, but are not limited to, speeches or other services rendered in connection
with an event [at which the public official appears in an official capacity].
[(9)] (7) "Income" means income of any nature derived from any source, including, but not lim-
ited to, any salary, wage, advance, payment, dividend, interest, rent, [honoraria] honorarium, return
of capital, forgiveness of indebtedness, or anything of economic value.
[(10)] (8) "Legislative or administrative interest" means an economic interest, distinct from that
of the general public, in one or more bills, resolutions, regulations, proposals or other matters sub-
ject to the action or vote of a person acting in the capacity of a public official.
[(11) Legislative official" means any member or member-elect of the Legislative Assembly, any
member of an agency, board or committee that is part of the legislative branch and any staff person,
assistant or employee thereof. ]
[(12) "Member of household" means any relative who resides with the public official.]
(9) "Member of the household" means any person who resides with the public official.
[(13)] (10) "Planning commission" means a county planning commission created under ORS
chapter 215 or a city planning commission created under ORS chapter 227.
[(14)] (11) "Potential conflict of interest" means any action or any decision or recommendation
by a person acting in a capacity as a public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the persons 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 re-
quired by law as a prerequisite to the holding by the person of the office or position.
(b) Any action in the person's official capacity which would affect to the same degree a class
consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or
other group including one of which or in which the person, or the person's relative or business with
which the person or the person's relative is associated, is a member or is engaged.
(c) Membership in or membership on the board of directors of a nonprofit corporation that is
tax-exempt under section 501(c) of the Internal Revenue Code.
(12) "Public office" has the meaning given that term in ORS 260.005.
[(15)] (13) "Public official" means any person who, when an alleged violation of this chapter
occurs, is serving the State of Oregon or any of its political subdivisions or any other public body
[of the state] as defined in ORS 174.109 as an [officer] elected official, appointed official, employee,
agent or otherwise, [and] irrespective of whether the person is compensated for [such] the services.
[(16)] (14) "Relative" means [the spouse of the public official, any children of the public official
or of the public official's spouse, and brothers, sisters or parents of the public official or of the public
official's spouse.]:
(a) The spouse of the public official;
(b) The domestic partner of the public official;
(c) Any children of the public official or of the public official's spouse;
(d) Siblings, spouses of siblings or parents of the public official or of the public official's
spouse;
(e) Any individual for whom the public official has a legal support obligation; or
(f) Any individual for whom the public official provides benefits arising from the public
official's public employment or from whom the public official receives benefits arising from
that individual's employment.
[(17)] (15) "Statement of economic interest" means a statement as described by ORS 244.060 to
244.080 or 244.100.
[(18) "Statewide official" means the Secretary of State or Secretary of State-elect, State Treasurer
or State Treasurer-elect, Superintendent of Public Instruction or Superintendent-elect of Public In-
struction, Attorney General or Attorney General-elect and the Commissioner of the Bureau of Labor
and Industries or the Commissioner-elect of the Bureau of Labor and Industries.]
Enrolled Senate Bill 10 (SB 10-C) Page 23
[(19)] (16) "Zoning commission" means an entity to which is delegated at least some of the dis-
cretionary authority of a planning commission or governing body relating to zoning and land use
matters.
SECTION 17. ORS 244.040 is amended to read:
244.040. [The following actions are prohibited regardless of whether actual conflicts of interest or
potential conflicts of interest are announced or disclosed pursuant to ORS 244.120:1
[(1)(a)] (1) [No] Except as provided in subsection (2) of this section, a public official [shall]
may not use or attempt to use official position or office to obtain financial gain or avoidance of
financial detriment [that would not otherwise be available but for the public official's holding of the
official position or office, other than official salary, honoraria, except as prohibited in paragraphs (b)
and (c) of this subsection, reimbursement of expenses or an unsolicited award for professional
achievement for the public official or the public official's relative, or for] 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 fi-
nancial 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 section 24 of this 2007 Act.
(c) Reimbursement of expenses.
(d) An unsolicited award for professional achievement.
(e) Gifts that do not exceed the limits specified in section 18 of this 2007 Act 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 govern-
mental agency in which the official holds any official position or over which the official ex-
ercises 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 ad-
ministrative interest in a governmental agency in which the official holds any official posi-
tion 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 section 31 of this
2007 Act for the benefit of the public official.
[(b) No statewide official shall solicit or receive, whether directly or indirectly, honoraria for the
statewide official or for any member of the household of the official. No candidate for statewide office
shall solicit or receive, whether directly or indirectly, honoraria for the candidate or for any member
of the household of the candidate.]
[(c) No legislative official shall solicit or receive, whether directly or indirectly, honoraria in an
amount in excess of $1,500 or in any amount for an appearance within the state or for an appearance
during a legislative session, regardless of location, for the legislative official or for any member of the
household of the official, except that a legislative official may solicit or receive honoraria for services
performed in relation to the private profession or occupation of the legislative official. No candidate
for legislative office shall solicit or receive, whether directly or indirectly, honoraria in an amount in
excess of $1,500 or in any amount for an appearance within the state for the candidate or for any
member of the household of the candidate, except that a candidate for legislative office may solicit or
receive honoraria for services performed in relation to the private profession or occupation of the leg-
islatiue official.]
Enrolled Senate Bill 10 (SB 10-C) Page 24
[(d) Any public official not described in paragraph (b) or (c) of this subsection or a member of the
public official's household may receive honoraria.]
[(2) No public official or candidate for office or a relative of the public official or candidate shall
solicit or receive, whether directly or indirectly, during any calendar year, any gift or gifts with an
aggregate value in excess of $100 from any single source who could reasonably be known to have a
legislative or administrative interest in any governmental agency in which the official has or the can-
didate if elected would have any official position or over which the official exercises or the candidate
if elected would exercise any authority.]
(3) [No] A public official [shall] may not solicit or receive, either directly or indirectly, and
[no] a person [shall] may not offer or give to any public official any pledge or promise of future
employment, based on any understanding that [such public official's] the vote, official action or
judgment of the public official would be influenced [thereby] by the pledge or promise.
(4) [No] A public official [shall] 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
[the official position] holding position as a public official or activities of the public official [in any
way].
[(5) No person shall offer during any calendar year any gifts with an aggregate value in excess
of $100 to any public official or candidate therefor or a relative of the public official or candidate if
the person has a legislative or administrative interest in a governmental agency in which the official
has or the candidate if elected would have any official position or over which the official exercises or
the candidate if elected would exercise any authority.]
(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) [No person shall] 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 18. (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 administra-
tive 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 of-
ficial 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 re' 7e or member of the household
of the public official or candidate may not solicit or receivc., 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
Enrolled Senate Bill 10 (SB 10-C) Page 25
the public official holds, or the candidate if elected would hold, any official position or over
which the public official exercises, or the candidate if elected would exercise, any authority.
(b) A person who has a legislative or administrative interest in any governmental agency
in which a public official holds any official position or over which the public official exercises
any authority may not offer to the public official or a relative or member of the household
of the public official any gift of payment of expenses for entertainment.
(c) A person who has a legislative or administrative interest in any governmental agency
in which a candidate for public office if elected would hold any official position or over which
the candidate if elected would exercise any authority may not offer to the candidate or a
relative or member of the household of the candidate any gift of payment of expenses for
entertainment.
(5) This section does not apply to public officials subject to the Oregon Code of Judicial
Conduct.
SECTION 19. ORS 244.060 is amended to read:
244.060. The statement of economic interest filed under ORS 244.050[,] shall be on a form pre-
scribed by the Oregon Government Standards and Practices Commission[, and]. The [person] 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 [name] 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 [or a] and
by each member of the household of the person [that produce 10 percent or more of the total annual
household income], a description of the type of income and the name of the person receiving
the income.
[(4) The name, principal address and brief description of the source of income from which 50 per-
cent or more of the total annual income of the person and members of the household of the person was
received during the preceding calendar year and whether the source existed during the preceding year,
and whether the source is derived from an entity that now does business or could reasonably be ex-
pected to do business or has legislative or administrative interest in the governmental agency of which
the public official is or the candidate if elected would be a member or over which the public official
has or the candidate if elected would have authority.]
[(5)(a)] (4)(a) [The listing] A list of all real property in which the public official or candidate
[therefor] 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 [is] holds, or the candidate if elected would [be a member] hold, any official position
or over which the public official [has] exercises, or the candidate if elected would [have] 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.
[(6)(a) Notwithstanding ORS 244.020 (7)(c), if a public official has received food, lodging and pay-
ment of travel expenses exceeding $100 when participating in an event which bears a relationship to
Enrolled Senate Bill 10 (SB 10-C) Page 26
the public official's office and when appearing in an official capacity, the name, nature and business
address of the organization paying the expenses and the date and amount of that expenditure.]
[(b) Beginning on July 1, 1992, the dollar amount specified in paragraph (a) of this subsection shall
be adjusted annually by the commission based upon the change in the Portland Consumer Price Index
for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United
States Department of Labor or its successor during the preceding 12-month period. The amount deter-
mined under this paragraph shall be rounded to the nearest dollar.]
[(7) Any honoraria exceeding $50 received during the preceding calendar year by the person or a
member of the household of the person, the payer of the honoraria and the date and time of the event
for which the honoraria was received.]
SECTION 20. ORS 244.070 is amended to read:
244.070. A public official or candidate for public office shall report the following additional
economic interest [shall be reported] for the preceding calendar year only if the source of that in-
terest is derived from an individual or business [which] 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 [is] holds, or the candidate if elected would
[be a member] hold, any official position or over which the public official [has] exercises, or the
candidate if elected would [have] exercise, any authority:
[(1) Each source of income over $1,000, other than a source of income disclosed under ORS 244.060,
whether or not taxable, received by the public official or candidate therefor or a member of the house-
hold of the public official or candidate.]
[(2)] (1) Each person to whom the public official or candidate [therefor] 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 [thereon] on money owed and the date of the loan, except for debts owed
to any federal or state regulated financial institution or retail contracts.
[(3)] (2) [Each business] The name, principal address[,] and brief description of [its] the
nature[,] of each business in which the public official or candidate [therefor] 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 insti-
tution, shares in a credit union, or the cash surrender value of life insurance.
[(4)] (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 21. ORS 244.100 is amended to read:
244.100. [(1) The Oregon Government Standards and Practices Commission by rule may require the
disclosure and reporting of gifts or other compensation made to or received by a public official or
candidate for elective office.]
[(2) The commission by rule may exempt from the gift limitation contained in ORS 244.040, any
gift of food or beverage but may require that when gifts of food or beverage exceed a dollar amount
fixed by the commission, the source thereof shall be disclosed on a form prescribed by the
commission.]
(1) A public official or candidate for public office who is required to file a statement of
economic interest under ORS 244.050 shall file with the Oregon Government Standards and
Practices Commission, according to the schedule set forth in section 23 of this 2007 Act, a
statement showing for the applicable reporting period:
(a) Any expenses with an aggregate value exceeding $50 received by the public official
when participating in a convention, mission, trip or other meeting described in ORS 244.020
(5)(b)(F). The statement shall include the name and address of the organization or unit of
government paying the expenses, the nature of the event and the date and amount of the
expenditure.
Enrolled Senate Bill 10 (SB 10-C) Page 27
(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)(11). The statement shall include the name and address of the person
paying the expenses, the nature of the event and the date and amount of the expenditure.
(c) All honoraria allowed under section 24 of this 2007 Act exceeding $15 received by the
public official, candidate or member of the household of the official or candidate, the payer
of each honorarium and the date and time of the event for which the honorarium was re-
ceived.
(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 govern-
mental 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.
[(3)] (2) In addition to [any disclosures or reports] statements required under [subsections (1)
and (2)] subsection (1) of this section[,]:
(a) Any [person or] organization or unit of government that provides a public official with
[food, lodging or travel expenses exceeding $50, as described in ORS 244.060 (6),] expenses with an
aggregate value exceeding $50 for an event described in ORS 244.020 (5)(b)(F) shall notify the
public official in writing of the amount of the expense. The organization or unit shall provide the
notice [shall be sent] to the public official within 10 days from the date [such] the expenses are in-
curred.
(b) Any person that provides a public official or a member of the household of a public
official with an honorarium or other item allowed under section 24 of this 2007 Act with a
value exceeding $15 shall notify the public official in writing of the value of the honorarium
or other item. The person shall provide the notice to the public official within 10 days after
the date of the event for which the honorarium or other item was received.
SECTION 21a. If House Bill 2595 becomes law, section 21 of this 2007 Act (amending ORS
244.100) is repealed and ORS 244.100, as amended by section 6, chapter Oregon Laws 2007
(Enrolled House Bill 2595), is amended to read:
244.100. [In addition to any disclosures or reports required under this chapter or rules adopted
under ORS 244.290, any person or organization that provides a public official with food, lodging or
travel expenses exceeding $100, as described in ORS 244.060 (6), shall notify the public official in
writing of the amount of the expense. The notice shall be sent to the public official within 10 days from
the date the expenses are incurred.]
(1) A public official or candidate for public office who is required to file a statement of
economic interest under ORS 244.050 shall file with the Oregon Government Standards and
Practices Commission, according to the schedule set forth in section 23 of this 2007 Act, a
statement showing for the applicable reporting period:
(a) Any expenses with an aggregate value exceeding $50 received by the public official
when participating in a convention, mission, trip or other meeting described in ORS 244.020
(5)(b)(F). The statement shall include the name and address of the organization or unit of
government paying the expenses, the nature of the event and the date and amount of the
expenditure.
(b) Any expenses with an aggregate value exceeding $50 received by the public official
when participating in a mission or negotiations or economic development activities described
in ORS 244.020 (5)(b)(H). The statement shall include the name and address of the person
paying the expenses, the nature of the event and the date and amount of the expenditure.
(c) All honoraria allowed under section 24 of this 2007 Act exceeding $15 received by the
public official, candidate or member of the household of the official or candidate, the payer
Enrolled Senate Bill 10 (SB 10-C) Page 28
of each honorarium and the date and time of the event for which the honorarium was re-
ceived.
(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 govern-
mental agency of which the public official holds, or the candidate if elected would hold, any
official position or over which the public official exercises, or the candidate if elected would
exercise, any authority.
(2) In addition to statements required under subsection (1) of this section:
(a) Any organization or unit of government that provides a public official with expenses
with an aggregate value exceeding $50 for an event described in ORS 244.020 (5)(b)(F) shall
notify the public official in writing of the amount of the expense. The organization or unit
shall provide the notice to the public official within 10 days from the date the expenses are
incurred.
(b) Any person that provides a public official or a member of the household of a public
official with an honorarium or other item allowed under section 24 of this 2007 Act with a
value exceeding $15 shall notify the public official in writing of the value of the honorarium
or other item. The person shall provide the notice to the public official within 10 days after
the date of the event for which the honorarium or other item was received.
SECTION 22. Sections 23 and 23a of this 2007 Act are added to and made a part of ORS
chapter 244.
SECTION 23. Statements required to be filed with the Oregon Government Standards and
Practices Commission under ORS 244.100 and section 35 of this 2007 Act 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 23a. (1) As used in this section:
(a) "Public body" has the meaning given that term in ORS 174.109.
(b) "Public contract" has the meaning given that term in ORS 279A.010.
(2) Except as provided in subsection (3) of this section, a person may not, for two years
after the person ceases to hold a position as a public official, have a direct beneficial financial
interest in a public contract that was authorized by:
(a) The person acting in the capacity of a public official; or
(b) A board, commission, council, bureau, committee or other governing body of a public
body of which the person was a member when the contract was authorized.
(3) Subsection (2) of this section does not apply to a person who was a member of a
board, commission, council, bureau, committee or other governing body of a public body
when the contract was authorized, but who did not participate in the authorization of the
contract.
HONORARIA
SECTION 24. (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
Enrolled Senate Bill 10 (SB 10-C) Page 29
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 con-
nection 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 25. ORS 244.280 is amended to read:
244.280. (1) Upon the written request of any [public official, candidate for public office or any]
person, or upon its own motion, the Oregon Government Standards and Practices Commission, under
signature of the chairperson, may issue and publish opinions on the requirements of this chapter,
based on actual or hypothetical circumstances.
(2) If any public official or business with which the public official is associated is in doubt
whether a proposed transaction or action constitutes a violation of this chapter, the public official
or the business may request in writing a determination from the commission. [If any public official
is in doubt whether receipt of an honoraria is in violation of this chapter because the person paying
the honoraria may be found to have a legislative or administrative interest, the public official shall
request in writing a determination from the commission.] The requester shall supply such information
as the commission requests to enable [it to issue the interpretation] the commission to make the
determination.
(3) A public official [or business with which a public official is associated shall not be] is not li-
able under this chapter[,] for any action or transaction carried out in accordance with [an advisory
interpretation issued] a determination made under subsection (2) of this section. [Such an advisory
interpretation shall be] The determination is considered a formal opinion having precedential effect
and [shall be subject to review] must be reviewed by legal counsel to the commission before the
[interpretation] determination is sent to the requester.
SECTION 25a. If House Bill 2595 becomes law, section 25 of this 2007 Act (amending ORS
244.280) is repealed and ORS 244.280, as amended by section 12, chapter Oregon Laws
2007 (Enrolled House Bill 2595), is amended to read:
244.280. (1) Upon the written request of any person, or upon its own motion, the Oregon Gov-
ernment Ethics Commission, under signature of the chairperson, may issue and publish written
commission advisory opinions on the application of any provision of this chapter to any proposed
transaction or action or any actual or hypothetical circumstance. A commission advisory opinion,
and a decision by the commission to issue an advisory opinion on its own motion, must be approved
by a majority of the members of the commission. Legal counsel to the commission shall review a
proposed commission advisory opinion before the opinion is considered by the commission.
(2) Not later than 60 days after the date the commission receives the written request for a
commission advisory opinion, the commission shall issue either the opinion or a written denial of
the request. The written denial shall explain the reasons for the denial. The commission may ask
the person requesting the advisory opinion to supply additional information the commission consid-
ers necessary to render the opinion. The commission, by vote of a majority of the members of the
commission, may extend the 60-day deadline by one period not to exceed 60 days.
(3) Except as provided in this subsection, unless the commission advisory opinion is revised or
revoked, the commission [or a court] may not impose a penalty under ORS 244.350 or 244.360 on a
person for any good faith action the person takes in reliance on an advisory opinion issued under
this section. The commission [or a court] may impose a penalty under ORS 244.350 or 244.360 on the
person who requested the advisory opinion if the commission [or court] determines that the person
omitted or misstated material facts in making the request.
Enrolled Senate Bill 10 (SB 10-C) Page 30
SECTION 26. ORS 351.067 is amended to read:
351.067. (1) In carrying out its authority under ORS 351.070, the State Board of Higher Educa-
tion may authorize receipt of compensation for any officer or employee of the Oregon University
System from private or public resources, including, but not limited to, income from:
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived, reduced to practice or originated and therefore owned within
the Oregon University System;
(d) Providing services or other valuable consideration for a private corporation, individual, or
entity, whether paid in cash or in-kind, stock or other equity interest, or anything of value regard-
less of whether there is a licensing agreement between the Oregon University System and the pri-
vate entity; and
(e) Performing public duties paid by private organizations, including institution corporate affil-
iates, which augment an officer's or employee's publicly funded salary. Such income shall be au-
thorized and received in accordance with policies and rules established by the board.
(2) The board [shall] may not authorize compensation, as defined in subsection (1) of this sec-
tion, that, in the board's judgment, does not comport with the mission of the institution and the
Oregon University System or substantially interferes with an officer's or employee's duties to the
Oregon University System.
(3) Any compensation[,] described and authorized under subsection (1) of this section[, shall be]
is considered official [salary, honorarium] compensation or reimbursement of expenses for purposes
of ORS 244.040 and is not considered an honorarium prohibited by section 24 of this 2007
Act. If authorization or receipt of [such] the compensation creates a potential conflict of interest,
the officer or employee shall report the potential conflict [shall be reported] in writing in ac-
cordance with rules of the state board. The disclosure is a public record subject to public inspection.
(4) The state board shall adopt by rule standards governing employee outside employment and
activities, including potential conflict of interest, as defined by state board rule and consistent with
ORS 244.020, and the public disclosure thereof, and procedures for reporting and hearing potential
or actual conflict of interest complaints.
SECTION 27. ORS 353.270 is amended to read:
353.270. (1) Oregon Health and Science University may authorize receipt of compensation for
any officer or employee of the university from private or public resources, including but not limited
to income from:
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived, reduced to practice or originated and therefore owned within
the university;
(d) Providing services or other valuable consideration for a private corporation, individual or
entity, whether paid in cash or in kind, stock or other equity interest, or anything of value regard-
less of whether there is a licensing agreement between the university and the private entity;
(e) Performing public duties paid by private organizations, including university corporate affil-
iates, that augment an officer's or employee's publicly funded salary. Such income shall be author-
ized and received in accordance with policies established by the university; and
(f) Providing medical and other health services.
(2) The university [shall] may not authorize compensation, as described in subsection (1) of this
section, that, in the university's judgment, does not comport with the missions of the university or
substantially interferes with an officer's or employee's duties to the university.
(3) Any compensation described and authorized under subsection (1) of this section [shall be] is
considered official [salary, honorarium] compensation or reimbursement of expenses for purposes
of ORS 244.040 and is not considered an honorarium prohibited by section 24 of this 2007
Act. If authorization or receipt of [such] the compensation creates a potential conflict of interest,
the officer or employee shall report the potential conflict [shall be reported] in writing in ac-
Enrolled Senate Bill 10 (SB 10-C) Page 31
cordance with policies of the university. The disclosure is a public record subject to public in-
spection.
(4) The university shall adopt standards governing employee outside employment and activities
of employees, including potential conflicts of interest, as defined by the university and consistent
with ORS 244.020, and the public disclosure thereof, and procedures for reporting and hearing po-
tential or actual conflict of interest complaints.
LEGAL EXPENSE TRUST FUND
SECTION 28. Sections 29 to 37 of this 2007 Act are added to and made a part of ORS
chapter 244.
SECTION 29. (1) Subject to the authorization of the Oregon Government Standards and
Practices Commission as described in section 31 of this 2007 Act, a public official may es-
tablish a legal expense trust fund if the public official incurs or reasonably expects to incur
legal expenses described in subsection (2) of this section.
(2) Proceeds from the trust fund may be used by the public official to defray legal ex-
penses incurred by the public official in any civil, criminal or other legal proceeding or in-
vestigation that relates to or arises from the course and scope of duties of the person as a
public official. The legal expenses must be incurred in connection with:
(a) The issuance of a court's stalking protective order under ORS 30.866 or 163.738;
(b) The issuance of a citation under ORS 163.735;
(c) A criminal prosecution under ORS 163.732;
(d) A civil action under ORS 30.866; or
(e) Defending the public official in a proceeding or investigation brought or maintained
by a public body as defined in ORS 174.109.
(3) Except as provided in subsection (2) of this section, a public official may not use
proceeds from the trust fund for any personal use.
(4) A public official may not establish or maintain more than one legal expense trust fund
at any one time.
(5) A public official who establishes a legal expense trust fund may not solicit, receive
or handle any contributions to the fund.
(6) The provisions of ORS chapter 130 do not apply to a trust fund established under
sections 29 to 37 of this 2007 Act.
SECTION 30. (1) The proceeds of a legal expense trust fund may be used to:
(a) Defray legal expenses described in section 29 of this 2007 Act;
(b) Defray costs reasonably incurred in administering the trust fund, including but not
limited to costs incident to the solicitation of funds; and
(c) Discharge any tax liabilities incurred as a result of the creation, operation or ad-
ministration of the trust fund.
(2) The proceeds of a trust fund may also be used to defray or discharge expenses, costs
or liabilities incurred before the fund was established if the expenses, costs or liabilities are
related to the legal proceeding for which the fund was established.
SECTION 31. (1) A public official may apply to establish a legal expense trust fund by
filing an application with the Oregon Government Standards and Practices Commission. The
application must contain:
(a) A copy of an executed trust agreement described in subsection (2) of this section;
(b) A sworn affidavit described in subsection (3) of this section signed by the public offi-
cial; and
(c) A sworn affidavit described in subsection (4) of this section sighed by the trustee.
(2) The trust agreement must contain the following:
(a) A provision incorporating by reference the provisions of sections 29 to 37 of this 2007
Act; and
Enrolled Senate Bill 10 (SB 10-C) Page 32
(b) A designation of a trustee who meets the requirements of section 32 of this 2007 Act.
(3) The affidavit of the public official must state:
(a) The nature of the legal proceeding that requires establishment of the trust fund;
(b) That the public official will comply with the provisions of sections 29 to 37 of this 2007
Act; and
(c) That the public official is responsible for the proper administration of the trust fund,
even though a trustee of the fund has been designated.
(4) The affidavit of the trustee must state that the trustee:
(a) Has read and understands sections 29 to 37 of this 2007 Act; and
(b) Consents to administer the trust fund in compliance with sections 29 to 37 of this 2007
Act.
(5) Upon receiving an application under this section, the commission shall review the
trust agreement, the affidavits and any supporting documents or instruments filed to de-
termine whether the application meets the requirements of sections 29 to 37 of this 2007 Act.
If the commission determines that the application meets the requirements of sections 29 to
37 of this 2007 Act, the commission shall grant written authorization to the public official
to establish the trust fund.
(6) The commission shall review the quarterly statements required under section 35 of
this 2007 Act and shall monitor the activities of each trust fund to ensure continued com-
pliance with sections 29 to 37 of this 2007 Act.
(7) Unless subject to the attorney-client privilege, all documents required to be filed re-
lating to the creation and administration of a trust fund are public records subject to dis-
closure as provided in ORS 192.410 to 192.505.
(8) A public official may not establish a legal expense trust fund without receiving prior
written authorization of the commission as described in this section.
(9) A public official may file an amendment to a trust agreement approved as part of a
trust fund under this section. The commission shall approve the amendment if the commis-
sion determines the amendment meets the requirements of sections 29 to 37 of this 2007 Act.
SECTION 32. (1) The trustee of a legal expense trust fund is responsible for:
(a) The receipt and deposit of contributions to the trust fund;
(b) The authorization of expenditures and disbursements from the trust fund;
(c) The filing of quarterly statements required under section 35 of this 2007 Act; and
(d) The performance of other tasks incident to the administration of the trust fund.
(2) The trustee may not:
(a) Be a public official who serves the same public body as the public official who estab-
lishes the trust fund;
(b) Be a relative of the public official who establishes the trust fund;
(c) Be an attorney for the public official in the legal proceeding for which the trust fund
is established, or a member, partner, associate or employee of the firm employing the at-
torney; or
(d) Have a business or employment relationship with the public official who establishes
the trust fund.
SECTION 33. (1) Except as provided in subsection (3) of this section, any person may
contribute to a legal expense trust fund established under sections 29 to 37 of this 2007 Act.
(2) A person may make contributions of moneys to a legal expense trust fund in unlim-
ited amounts. Pro bono legal assistance and other in-kind assistance may also be provided
without limit and is considered a contribution subject to the reporting requirements of sec-
tion 35 of this 2007 Act.
(3) A political committee as defined in ORS 260.005 that is a principal campaign commit-
tee may not contribute to a legal expense trust fund.
SECTION 34. (1) A trustee of a legal expense trust fund shall establish a single exclusive
account in a financial institution, as defined in ORS 706.008. The financial institution must
Enrolled Senate Bill 10 (SB 10-C) Page 33
be located in this state and must ordinarily conduct business with the general public in this
state.
(2) The trustee shall maintain the account in the name of the trust fund.
(3) All expenditures made by the trustee shall be drawn from the account and:
(a) Issued on a check signed by the trustee; or
(b) Paid using a debit card or other form of electronic transaction.
(4) A contribution received by a trustee shall be deposited into the account not later than
seven calendar days after the date the contribution is received. This subsection does not
apply to in-kind contributions received.
(5) This section does not prohibit the transfer of any amount deposited in the account
into a certificate of deposit, stock fund or other investment instrument.
(6) The account may not include any public or private moneys or any moneys of any
other person, other than contributions received by the trustee.
(7) A trustee shall retain a copy of each financial institution account statement from the
account described in this section for not less than two years after the date the statement
is issued by the financial institution.
SECTION 35. (1) The trustee of a legal expense trust fund shall, according to the sched-
ule described in subsection (3) of this section, file with the Oregon Government Standards
and Practices Commission a statement for the applicable reporting period showing contrib-
utions received by the trustee and expenditures made from the trust fund account estab-
lished under section 34 of this 2007 Act.
(2) Each statement shall list:
(a) The name and address of each person who contributed an aggregate amount of more
than $75, and the total amount contributed by that person;
(b) The total amount of contributions not listed under paragraph (a) of this subsection
as a single item, but shall specify how those contributions were obtained;
(c) The amount and purpose of each expenditure and the name and address of each payee;
and
(d) The name and address of any person contributing pro bono legal assistance and the
fair market value of the assistance provided by the person.
(3) Statements required to be filed with the commission under this section shall be filed
according to the schedule described in section 23 of this 2007 Act.
(4) If no contributions are received and no expenditures made during the reporting pe-
riod, the trustee shall file a statement indicating that no contributions were deposited and
no expenditures were made.
(5) The trustee may amend a statement filed under this section without penalty if the
amendment is filed with the commission not later than 30 days after the deadline for filing
the statement.
SECTION 36. (1) A legal expense trust fund established under sections 29 to 37 of this
2007 Act may be terminated by:
(a) The public official who established the trust fund;
(b) Subject to subsection (2) of this section, the terms of the trust agreement; or
(c) The Oregon Government Standards and Practices Commission following a determi-
nation by the commission that a violation of any provision of ORS chapter 244 has occurred
in connection with the trust fund.
(2) A trust agreement may provide that a legal expense trust fund is terminated not later
than six months following the completion of the legal proceeding for which the fund was es-
tablished. Upon application of the public official who established the trust fund, the com-
mission may extend the existence of the trust fund to a specified date if the commission
determines that the public official has incurred legal expenses that exceed the balance re-
maining in the fund. If the commission extends the existence of the trust fund, the trust
fund terminates on the date the extension expires.
Enrolled Senate Bill 10 (SB 10-C) Page 34
(3) Following termination of a legal expense trust fund, the trustee may not accept con-
tributions to or make expenditures from the fund.
(4) Not later than 30 days after a trust fund is terminated, the trustee of the fund shall
file with the commission a final report listing the totals of all contributions made to the fund
and all expenditures made from the fund.
SECTION 37. (1) Not later than 30 days after a legal expense trust fund is terminated,
the trustee of the fund shall return any moneys remaining in the fund to contributors to the
fund on a pro rata basis.
(2) If the legal proceeding for which the trust fund was established results in an award
of attorney fees, costs or any other money judgment award to or in favor of the public offi-
cial, amounts awarded shall be distributed in the following order:
(a) To pay outstanding legal expenses;
(b) To contributors to the trust fund on a pro rata basis; and
(c) To the public official or, if required by the trust agreement, to an organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code.
CONFORMING AMENDMENTS
SECTION 38. 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 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 associ-
ated, 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 [(14)(a) to (c)] (11)(a) to (c).
(4) Nothing in this section excuses a member of the council from compliance with ORS 244.120.
SECTION 38a. ORS 244.110 is amended to read:
244.110. (1) Any statement of economic interest required to be filed by ORS 244.050, 244.060,
244.070, 244.080, 244.090 or 244.100 or by rule shall contain or be verified by a written declaration
that it is made under the penalties of false swearing. [Such] The declaration [shall be] is in lieu
of any oath otherwise required.
(2) [No] A person [shall] may not willfully make and subscribe any return statement or other
document [which] that contains or is verified by a written declaration that it is made under penal-
ties for false swearing, which the person does not believe to be true and correct to every matter.
SECTION 38b. If House Bill 2595 becomes law, section 38a of this 2007 Act (amending ORS
244.110) is repealed.
MISCELLANEOUS PROVISIONS
SECTION 39. (1) Section 18 of this 2007 Act is added to and made a part of ORS 244.010
to 244.040.
(2) Section 24 of this 2007 Act is added to and made a part of ORS chapter 244.
SECTION 39a. ORS 244.390, as amended by section 2, chapter Oregon Laws 2007 (Enrolled
House Bill 2595), is amended to read:
Enrolled Senate Bill 10 (SB 10-C) Page 35
244.390. (1) A penalty or sanction imposed [issued] by the Oregon Government Ethics Commis-
sion [or a court] under this chapter is in addition to and not in lieu of any other penalty or sanction
that may be imposed according to law.
(2) Before making a finding that there is cause to undertake an investigation under ORS 244.260
and before imposing a civil penalty under ORS 244.350 or 244.360, the commission [or a court] shall
consider the public interest and any other penalty or sanction that has been or may be imposed on
the public official as a result of the same conduct that is the subject of action by the commission
[or court] under ORS 244.260.
(3) Nothing in this chapter is intended to affect:
(a) Any statute requiring disclosure of economic interest by any public official or candidate for
public office.
(b) Any statute prohibiting or authorizing specific conduct on the part of any public official or
candidate for public office.
SECTION 39b. Section 5, chapter Oregon Laws 2007 (Enrolled House Bill 2595), is amended
to read:
Sec. 5. (1) For the purpose of protecting against violations of the provisions of this chapter, a
state agency, as defined in ORS 183.750, or a statewide association of public bodies, as defined in
ORS 174.109, may adopt rules or policies interpreting the provisions of this chapter. The rules or
policies must be consistent with the provisions of this chapter. A state agency or a statewide asso-
ciation of public bodies may submit rules or policies adopted under this subsection to the Oregon
Government Ethics Commission for review.
(2) Upon receiving rules or policies submitted under subsection (1) of this section, the commis-
sion shall review the rules and policies to determine whether the rules and policies are consistent
with the provisions of this chapter. The commission, by a vote of a majority of the members of the
commission, shall approve or reject the rules or policies. The commission shall notify the state
agency or statewide association of public bodies in writing of the commissions approval or re-
jection. A written notice of rejection shall explain the reasons for the rejection.
(3) Unless the applicable rule or policy is amended or repealed by the state agency or the
statewide association of public bodies, the commission [or a court] may not impose a penalty under
ORS 244.350 or 244.360 on a public official for any good faith action the official takes in compliance
with a rule or policy that was adopted by the state agency that the official serves, or by a statewide
association of which the public body that the official serves is a member, and approved by the
commission under subsection (2) of this section.
SECTION 39c. Section 14, chapter Oregon Laws 2007 (Enrolled House Bill 2595), is
amended to read:
Sec. 14. (1) Upon the written request of any person, the executive director of the Oregon Gov-
ernment 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 di-
rector considers necessary to render the opinion. The executive director may extend the 30-day
deadline by one period not to exceed 30 days. The executive director shall clearly designate an
opinion issued under this section as a staff advisory opinion.
(3) Except as provided in this subsection, unless the staff advisory opinion is revised or revoked,
before imposing any penalty under ORS 244.350 or 244.360, the commission [or a court] shall consider
whether the action that may be subject to penalty was taken in reliance on a staff advisory opinion
issued under this section. If a penalty may be imposed on the person who requested the opinion, the
commission [or court] is not required to consider reliance on the opinion if the commission [or
court] determines that the person omitted or misstated material facts in making the request.
Enrolled Senate Bill 10 (SB 10-C) Page 36
(4) At each regular meeting of the commission, the executive director shall report to the com-
mission on all staff advisory opinions issued since the last regular meeting of the commission. The
commission on its own motion may issue a commission advisory opinion under ORS 244.280 on the
same facts or circumstances that form the basis for any staff advisory opinion.
SECTION 39d. Section 15, chapter Oregon Laws 2007 (Enrolled House Bill 2595), is
amended to read:
Sec. 15. (1) Upon the written or oral request of any person, the executive director or other staff
of the Oregon Government Ethics Commission may issue written or oral staff advice on the appli-
cation of any provision of this chapter to any proposed transaction or action or any actual or hy-
pothetical circumstance. Any written advice not designated as a staff advisory opinion under
section 14, chapter Oregon Laws 2007 (Enrolled House Bill 2595), [of this 2007 Act] is con-
sidered staff advice issued under this section.
(2) Before imposing any penalty under ORS 244.350 or 244.360, the commission [or a court] may
consider whether the action that may be subject to penalty was taken in reliance on staff advice
issued under this section.
SECTION 39e. Section 40b, chapter Oregon Laws 2007 (Enrolled House Bill 2595), is
amended to read:
Sec. 40b. (1) The amendments to ORS 244.250 by section 1, chapter Oregon Laws 2007
(Enrolled House Bill 2595), [of this 2007 Act] are intended to change the name of the "Oregon
Government Standards and Practices Commission" to the "Oregon Government Ethics
Commission."
(2) The amendments to ORS 244.345 by section 40a, chapter Oregon Laws 2007 (Enrolled
House Bill 2595), [of this 2007 Act] are intended to change the name of the "Oregon Government
Standards and Practices Commission Account" to the "Oregon Government Ethics Commission Ac-
count."
(3) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the "Oregon Government
Standards and Practices Commission," wherever they occur in Oregon Revised Statutes, other words
designating the "Oregon Government Ethics Commission."
(4) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the "Oregon Government
Standards and Practices Commission Account," wherever they occur in Oregon Revised Statutes,
other words designating the "Oregon Government Ethics Commission Account.
(5) Any reference to the Oregon Government Standards and Practices Commission in an
Act enacted by the Seventy-fourth Legislative Assembly and not published in Oregon Revised
Statutes is considered a reference to the Oregon Government Ethics Commission.
(6) Any reference to the Oregon Government Standards and Practices Commission Ac-
count in an Act enacted by the Seventy-fourth Legislative Assembly and not published in
Oregon Revised Statutes is considered a reference to the Oregon Government Ethics Com-
mission Account.
SECTION 40. (1) Sections 1 to 5, 15a, 15b, 18, 22, 23, 23a, 24, 28 and 29 to 37 of this 2007
Act and the amendments to ORS 171.725, 171.730, 171.735, 171.740, 171.745, 171.750, 171.772,
171.992, 244.020, 244.040, 244.045, 244.050, 244.060, 244.070, 244.100, 244.110, 244.280, 244.290,
244.350, 244.360, 260.407, 293.708, 351.067 and 353.270 by sections 6 to 8, 9, 10 to 15, 16, 17, 19
to 21, 25 to 27, 38 and 38a of this 2007 Act become operative January 1, 2008.
(2) The Oregon Government Standards and Practices Commission and any other public
body as defined in ORS 174.109 may adopt rules or take any other action before the operative
date specified in subsection (1) of this section that is necessary to enable the commission
or public body to exercise, on or after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the commission or public body by
this 2007 Act.
Enrolled Senate Bill 10 (SB 10-C) Page 37
SECTION 41. (1) Section 5 of this 2007 Act and the amendments to ORS 171.745 and
171.750 by sections 6d and 7 of this 2007 Act apply to statements required to be filed for re-
porting periods beginning on or after January 1, 2008.
(2) The first statement filed under ORS 171.745, as amended by section 6d of this 2007
Act, shall include amounts expended prior to January 1, 2008, that were not included in a
statement filed prior to January 1, 2008.
(3) Notwithstanding ORS 171.750, as amended by section 7 of this 2007 Act, a person re-
quired to file a statement under ORS 171.750 for the calendar year 2007 shall file the state-
ment not later than January 31, 2008.
(4) The amendments to ORS 171.772 and 244.290 by sections 8 and 9 of this 2007 Act apply
to statements required to be filed on or after January 1, 2008.
(5) The amendments to ORS 171.992 and 244.350 by sections 10 and 11 of this 2007 Act
apply to:
(a) Violations of any provision of ORS 171.740 to 171.762, any rule adopted under ORS
171.725 to 171.785, ORS chapter 244 or any resolution adopted under ORS chapter 244 occur-
ring on or after January 1, 2008;
(b) Violations of ORS 293.708 occurring prior to, on or after January 1, 2008; and
(c) Statements of economic interest required to be filed on or after January 1, 2008.
(6) The amendments to ORS 244.360 by section 12 of this 2007 Act apply to violations of
any provision of ORS chapter 244 occurring prior to, on or after January 1, 2008.
(7) The amendments to ORS 244.050 by section 13 of this 2007 Act apply to statements
of economic interest required to be filed on or after January 1, 2008.
(8) The amendments to ORS 260.407 by section 14 of this 2007 Act apply to expenditures
or distributions of contributions made on or after January 1, 2008.
(9) The amendments to ORS 244.045 by section 15 of this 2007 Act apply to persons who
cease being members of the Legislative Assembly on or after January 1, 2008.
SECTION 42. (1) Section 18 of this 2007 Act applies to gifts received or made on or after
January 1, 2008.
(2) The amendments to ORS 244.020 and 244.040 by sections 16 and 17 of this 2007 Act
apply to activities that occur on or after January 1, 2008.
(3) Section 24 of this 2007 Act applies to honoraria solicited or received on or after Jan-
uary 1, 2008.
(4) The amendments to ORS 244.060 and 244.100 by sections 19 and 21 of this 2007 Act
apply to expenses received or paid on or after January 1, 2008. A public official shall list on
the first statement of economic interest filed after January 1, 2008, all expenses the public
official received prior to January 1, 2008, that were:
(a) Required to be reported under ORS 244.060 on the day before January 1, 2008; and
(b) Were not reported on a previous statement of economic interest the public official
filed.
(5) The amendments to ORS 351.067 and 353.270 by sections 26 and 27 of this 2007 Act
apply to compensation received on or after January 1, 2008.
SECTION 43. (1) Sections 29 to 37 of this 2007 Act and the amendments to ORS 244.020,
244.040 and 244.350 by sections 11, 16 and 17 of this 2007 Act apply to legal expense trust funds
established for legal proceedings commenced prior to, on or after January 1, 2008.
(2) The amendments to ORS 244.020 and 244.040 by sections 16 and 17 of this 2007 Act
apply to contributions made to legal expense trust funds on or after January 1, 2008.
SECTION 44. (1) Any proceeding, action, prosecution or other business or matter
undertaken or commenced before January 1, 2008, by the Oregon Government Standards and
Practices Commission under any provision of ORS chapter 244 and still pending on January
1, 2008, shall be conducted and completed by the commission in the same manner, under the
same terms and conditions and with the same effect as though undertaken, conducted or
completed before January 1, 2008.
Enrolled Senate Bill 10 (SB 10-C) Page 38
(2) Nothing in this 2007 Act relieves any person of any obligation with respect to any tax,
fee, fine, civil penalty or other charge, interest, penalty, forfeiture or other liability, duty
or obligation.
SECTION 45. (1) The amendments to ORS 244.020, 244.050, 244.060 and 244.070 by sections
13, 16, 19 and 20 of this 2007 Act apply to statements required to be filed with the Oregon
Government Standards and Practices Commission for reporting periods beginning on or after
January 1, 2008.
(2) Section 23 of this 2007 Act and the amendments to ORS 244.100 by section 21 of this
2007 Act apply to statements required to be filed and notices required to be provided for re-
porting periods beginning on or after January 1, 2008.
SECTION 46. (1) Except as provided in subsections (2) and (3) of this section, section 23a
of this 2007 Act and the amendments to ORS 244.040 (5) by section 17 of this 2007 Act apply
to public officials who cease to hold positions as public officials on or after January 1, 2008.
(2) Except as provided in subsection (3) of this section, section 23a of this 2007 Act and
the amendments to ORS 244.040 (5) by section 17 of this 2007 Act apply to public officials
holding elective public office whose terms of office begin, or who are appointed to the office,
on or after January 1, 2008.
(3) Section 23a of this 2007 Act applies to an individual who ceases to hold the position
of State Treasurer on or after January 1, 2008.
SECTION 47. If House Bill 2595 becomes law, section 40 of this 2007 Act is amended to read:
Sec. 40. (1) Sections 1 to 5, 15a, 15b, 18, 22, 23, 23a, 24, 28 and 29 to 37 of this 2007 Act and
the amendments to ORS 171.725, 171.730, 171.735, 171.740, 171.745, 171.750, 171.772, 171.992, 244.020,
244.040, 244.045, 244.050, 244.060, 244.070, 244.100, 244.110, 244.280, 244.290, 244.350, 244.360, 260.407,
293.708, 351.067 and 353.270 by sections 6 to 8, [9] 9c, 10, lla, 12a, 13 to 15, [16] 16a, 17, 19 [to
211, 20, 21a, [25 to] 25a, 26, 27, 38 and 38a of this 2007 Act become operative January 1, 2008.
(2) The Oregon Government [Standards and Practices] Ethics Commission and any other public
body as defined in ORS 174.109 may adopt rules or take any other action before the operative date
specified in subsection (1) of this section that is necessary to enable the commission or public body
to exercise, on or after the operative date specified in subsection (1) of this section, all the duties,
functions and powers conferred on the commission or public body by this 2007 Act.
SECTION 48. If House Bill 2595 becomes law, section 41 of this 2007 Act is amended to read:
Sec. 41. (1) Section 5 of this 2007 Act and the amendments to ORS 171.745 and 171.750 by
sections 6d and 7 of this 2007 Act apply to statements required to be filed for reporting periods
beginning on or after January 1, 2008.
(2) The first statement filed under ORS 171.745, as amended by section 6d of this 2007 Act, shall
include amounts expended prior to January 1, 2008, that were not included in a statement filed prior
to January 1, 2008.
(3) Notwithstanding ORS 171.750, as amended by section 7 of this 2007 Act, a person required
to file a statement under ORS 171.750 for the calendar year 2007 shall file the statement not later
than January 31, 2008.
(4) The amendments to ORS 171.772 and 244.290 by sections 8 and [9] 9c of this 2007 Act apply
to statements required to be filed on or after January 1, 2008.
(5) The amendments to ORS 171.992 and 244.350 by sections 10 and [I1] lla of this 2007 Act
apply to:
(a) Violations of any provision of ORS 171.740 to 171.762, any rule adopted under ORS 171.725
to 171.785, ORS chapter 244 or any resolution adopted under ORS [chapter 244] 244.160 occurring
on or after January 1, 2008;
(b) Violations of ORS 293.708 occurring prior to, on or after January 1, 2008; and
(c) Statements of economic interest required to be filed on or after January 1, 2008.
(6) The amendments to ORS 244.360 by section [12] 12a of this 2007 Act apply to violations of
any provision of ORS chapter 244 occurring prior to, on or after January 1, 2008.
Enrolled Senate Bill 10 (SB 10-C) Page 39
(7) The amendments to ORS 244.050 by section 13 of this 2007 Act apply to statements of eco-
nomic interest required to be filed on or after January 1, 2008.
(8) The amendments to ORS 260.407 by section 14 of this 2007 Act apply to expenditures or
distributions of contributions made on or after January 1, 2008.
(9) The amendments to ORS 244.045 by section 15 of this 2007 Act apply to persons who cease
being members of the Legislative Assembly on or after January 1, 2008.
SECTION 49. If House Bill 2595 becomes law, section 42 of this 2007 Act is amended to read:
Sec. 42. (1) Section 18 of this 2007 Act applies to gifts received or made on or after January
1, 2008.
(2) The amendments to ORS 244.020 and 244.040 by sections [16] 16a and 17 of this 2007 Act
apply to activities that occur on or after January 1, 2008.
(3) Section 24 of this 2007 Act applies to honoraria solicited or received on or after January 1,
2008.
(4) The amendments to ORS 244.060 and 244.100 by sections 19 and [21] 21a of this 2007 Act
apply to expenses received or paid on or after January 1, 2008. A public official shall list on the first
statement of economic interest filed after January 1, 2008, all expenses the public official received
prior to January 1, 2008, that were:
(a) Required to be reported under ORS 244.060 on the day before January 1, 2008; and
(b) Were not reported on a previous statement of economic interest the public official filed.
(5) The amendments to ORS 351.067 and 353.270 by sections 26 and 27 of this 2007 Act apply to
compensation received on or after January 1, 2008.
SECTION 50. If House Bill 2595 becomes law, section 43 of this 2007 Act is amended to read:
Sec. 43. (1) Sections 29 to 37 of this 2007 Act and the amendments to ORS 244.020, 244.040 and
244.350 by sections [11, 16] lla, 16a and 17 of this 2007 Act apply to legal expense trust funds es-
tablished for legal proceedings commenced prior to, on or after January 1, 2008.
(2) The amendments to ORS 244.020 and 244.040 by sections [16] 16a and 17 of this 2007 Act
apply to contributions made to legal expense trust funds on or after January 1, 2008.
SECTION 51. If House Bill 2595 becomes law, section 45 of this 2007 Act is amended to read:
Sec. 45. (1) The amendments to ORS 244.020, 244.050, 244.060 and 244.070 by sections 13, [16]
16a, 19 and 20 of this 2007 Act apply to statements required to be filed with the Oregon Government
[Standards and Practices] Ethics Commission for reporting periods beginning on or after January
1, 2008.
(2) Section 23 of this 2007 Act and the amendments to ORS 244.100 by section [21] 21a of this
2007 Act apply to statements required to be filed and notices required to be provided for reporting
periods beginning on or after January 1, 2008.
SECTION 52. The unit captions used in this 2007 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act.
SECTION 53. This 2007 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
on its passage.
Enrolled Senate Bill 10 (SB 10-C) Page 40
Passed by Senate June 20, 2007
Repassed by Senate June 27, 2007
Secretary of Senate
President of Senate
Passed by House June 27, 2007
Speaker of House
Received by Governor-
m 2007
Approved:
M............................................................ 2007
Governor
Filed in Office of Secretary of State:
M................................ , 2007
Secretary of State
Enrolled Senate Bill 10 (SB 10-C) Page 41