74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2114
 
                           B-Engrossed
 
                         Senate Bill 10
                  Ordered by the Senate June 18
      Including Senate Amendments dated April 5 and June 18
 
Sponsored by Senators BROWN, COURTNEY (Presession filed.)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Directs Oregon Government Standards and Practices Commission to
charge public bodies, special government bodies, local
governments and local service districts   { - specified - }
 { + proportionate + } amounts for purposes of funding activities
of commission.
  Increases amount of reportable lobbying expenditures.
Requires, on January 1, 2010, quarterly online filing of
expenditure statements by lobbyists and persons on whose behalf
lobbyist was registered. Directs commission to allow public
access to statements using Internet.
  Increases amount of civil penalties that may be imposed for
violation of lobbying or government ethics law from $1,000 to
$5,000. Prohibits candidate from using political contributions to
pay criminal or civil penalties. Exempts civil penalties related
to or arising from course and scope of duties of public official.
  Prohibits former member of Legislative Assembly from being
compensated lobbyist during period beginning on date person
ceases being member and ending on date of adjournment sine die of
next regular legislative session.
  Prohibits public official from receiving in calendar year gifts
with value exceeding $50 from source with legislative or
administrative interest.
  Allows public official to receive items exempted from
definition of gift from person with legislative or administrative
interest. Allows public official to receive gift from source that
does not have legislative or administrative interest in
governmental agency in which official has official position.
  Exempts judges or public officials serving judicial department
from gift limits.
  Modifies required contents of statement of economic interest.
  Requires public officials and candidates to file quarterly
statements with commission listing expenses received when
participating in an official meeting, honoraria exceeding $15 and
each source of income exceeding aggregate amount of $1,000 from
source that does business with or has legislative or
administrative interest in governmental agency served by public
official or candidate.
 
  Requires person with legislative or administrative interest who
pays expenses of official meeting or provides honoraria to report
to commission and to notify recipient of value. Sets schedule for
filing reports. Prescribes content of reports.
  Prohibits public officials and candidates for public office
from receiving honoraria in connection with official duties.
Exempts honoraria or other items with value of $50 or less.
  Authorizes public official to establish legal expense trust
fund to defray legal expenses incurred by public official in
defending public official in legal proceeding relating to or
arising from status of person as public official. Requires
approval by Oregon Government Standards and Practices Commission.
  Prohibits personal use of legal expense trust fund proceeds.
Prohibits public official from soliciting contributions to trust
fund. Directs trustee of trust fund to file with commission
quarterly reports of contributions received and expenditures
made.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to government ethics; creating new provisions; amending
  ORS 171.745, 171.750, 171.772, 171.992, 244.020, 244.040,
  244.045, 244.050, 244.060, 244.070, 244.100, 244.280, 244.290,
  244.350, 244.360, 260.407, 293.708, 351.067 and 353.270; 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 estimate in advance the expenses that
it will incur during a biennium in carrying out the provisions of
ORS 171.725 to 171.785 and 171.992 and this chapter. The
commission shall also determine what percentage of the expenses
should be borne by the following two groups of public bodies:
  (a) Public bodies in state government and special government
bodies that are not subject to the Municipal Audit Law; and
  (b) Local governments, local service districts and special
government bodies that are subject to the Municipal Audit Law.
  (2) The commission shall charge each public body for the public
body's share of the expenses described in subsection (1) of this
section for the biennium. The amount to be charged each public
body shall be determined as follows:
  (a) The commission shall determine the rate to be charged
public bodies in state government and those special government
bodies that are not subject to the Municipal Audit Law. The same
rate shall be applied to each public body described in this
paragraph. To determine the amount of the charge for each public
body, the commission shall multiply the rate determined under
this paragraph by the number of public officials serving the
public body.
  (b) The commission shall set the charge for local governments,
local service districts and special government bodies that are
subject to the Municipal Audit Law so that each local government,
local service district or special government body described in
this paragraph pays an amount of the total expenses for the group
that bears the same proportion to the total expenses that the
amount charged to the local government, local service district or
special government body for the municipal audit fee under ORS
297.485 bears to the total amount assessed for the municipal
audit fee.
  (3) Each public body shall pay to the credit of the commission
the charge described in this section as an administrative expense
from funds or appropriations available to the public body in the
same manner as other claims against the public body are paid.
  (4) All moneys received by the commission under this section
shall be credited to the Oregon Government Standards and
Practices Commission Account established under ORS 244.345.
  (5) The commission shall adopt rules specifying the methods for
calculating and collecting the rates and charges described in
this section.
  (6) As used in this section:
  (a) 'Local government' and 'local service district' have the
meanings given those terms in ORS 174.116.
  (b) 'Public body' has the meaning given that term in ORS
174.109.
  (c) 'Public official,' notwithstanding ORS 244.020 (13), means
any person who, on the date the commission charges the public
body under this section, is serving the public body as an
officer, employee, agent or otherwise, irrespective of whether
the person is compensated for the services.
  (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 171.785. + }
  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 7 of the following calendar year,
for the accounting period beginning October 1 and ending December
31. + }
  SECTION 6. ORS 171.745 is amended to read:
  171.745. (1) A lobbyist registered with the Oregon Government
Standards and Practices Commission 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 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 occasion, 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 - }  { +  2009 + }, 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) Statements required by this section need not include
amounts expended by the lobbyist for personal living and travel
expenses and office overhead, including salaries and wages paid
for staff and secretarial assistance, and maintenance expenses.
If the amount of any expenditure required to be included in a
statement is not accurately known at the time the statement is
required to be filed, an estimate of the expenditure shall be
submitted in the statement and designated as an estimate. The
exact amount expended for which a previous estimate was made
shall be submitted in a subsequent report when the information is
available.
  (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) 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) 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 person's behalf, excluding living and travel
expenses incurred for a lobbyist performing lobbying services.
    { - (b) The name of any legislative or executive official to
whom or for whose benefit, on any one occasion, an expenditure in
excess of $25 for the purpose of lobbying is made by the person,
but not including 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. + }
  (2) Using July 1,   { - 1979 - }  { +  2009 + }, 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) 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 - }
 { + . + }
  (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 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 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 reports.
  (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 operative 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 persons
required to file the statements under this chapter or resolution
adopted   { - pursuant thereto - }   { + under 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.
    { - (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;
  (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; 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.
   { +  (3) The commission shall adopt by rule an electronic
filing system under which statements required to be filed under
ORS 244.050 and 244.100 and section 35 of this 2007 Act may be
filed, without a fee, with the commission in an electronic
format. The commission shall accept statements filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act in a format
that is not electronic.
  (4) The commission shall make statements filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act, including
statements that are not filed in an electronic format, available
in a searchable format for review by the public using the
Internet. + }
  SECTION 9a. ORS 244.290, as amended by section 9 of this 2007
Act, is amended to read:
  244.290. (1) The Oregon Government Standards and Practices
Commission shall:
  (a) Prescribe forms for statements required by this chapter and
provide the forms to persons required to file the statements
under this chapter or resolution adopted under this chapter.
  (b) Prepare, publish and provide a manual setting forth
recommended uniform methods of reporting for use by persons
filing statements under this chapter or resolution adopted under
this chapter.
  (c) Develop a filing, coding and cross-indexing system
consistent with the purposes of this chapter.
  (d) Prepare and publish any reports the commission determines
are necessary.
 
 
  (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; 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.
  (3) The commission shall adopt by rule an electronic filing
system under which statements required to be filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act   { - may - }
 { + must + } be filed, without a fee, with the commission in an
electronic format.
  { - The commission shall accept statements filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act in a format
that is not electronic. - }
  (4) The commission shall make statements filed under ORS
244.050 and 244.100 and section 35 of this 2007 Act  { - ,
including statements that are not filed in an electronic
format, - }  available in a searchable format for review by the
public using the Internet.
  SECTION 9b.  { + The amendments to ORS 244.290 by section 9a 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 determined 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 commission 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.
  (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 appropriate 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 liability and reasonableness of amount.
   { +  (4) 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,
explanation 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 - }
 { + violation 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.   { - However, - }
   { +  (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 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 before finding that a violation of ORS
244.050 or 244.100 or section 35 of this 2007 Act has occurred.
  (b) Failure to file the required statement in timely fashion is
prima facie evidence of a violation of ORS 244.050 or 244.100 or
section 35 of this 2007 Act.
  (c) The commission may impose a civil penalty of $10 for each
of the first 14 days the statement is late beyond the date set by
law, or by the commission under ORS 244.050, and $50 for each day
thereafter. The maximum penalty that may be imposed under this
subsection is $5,000.
  (5) In lieu of or in conjunction with finding a violation of
law or any resolution or imposing a civil penalty under this
section, the commission may issue a written letter of reprimand,
explanation or education. + }
    { - (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 12. ORS 244.360 is amended to read:
  244.360.   { - The Oregon Government Standards and Practices
Commission, in addition to civil penalties 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 chapter. - }  { +  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 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
required under this chapter:
  (a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
  (b) Any judicial officer, including justices of the peace and
municipal judges, except 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.
  (f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
  (g) The following state officers:
  (A) Adjutant General.
  (B) Director of Agriculture.
  (C) Manager of State Accident Insurance Fund Corporation.
  (D) Water Resources Director.
  (E) Director of Department of Environmental Quality.
  (F) Director of Oregon Department of Administrative Services.
  (G) State Fish and Wildlife Director.
  (H) State Forester.
  (I) State Geologist.
  (J) Director of Human Services.
  (K) Director of the Department of Consumer and Business
Services.
  (L) Director of the Department of State Lands.
  (M) State Librarian.
  (N) Administrator of Oregon Liquor Control Commission.
  (O) Superintendent of State Police.
  (P) Director of the Public Employees Retirement System.
  (Q) Director of Department of Revenue.
  (R) Director of Transportation.
  (S) Public Utility Commissioner.
  (T) Director of Veterans' Affairs.
  (U) Executive Director of Oregon Government 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.
  (i) 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.
  (j) 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 opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
  (k) The chief executive officer of a city or county who
performs the duties of manager or principal 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 officer thereof.
  (n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
  (o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
  (p) Every member of the following state boards and commissions:
  (A) Board of Geologic and Mineral Industries.
  (B) Oregon Economic and Community Development Commission.
  (C) State Board of Education.
  (D) Environmental Quality Commission.
  (E) Fish and Wildlife Commission of the State of Oregon.
  (F) State Board of Forestry.
  (G) Oregon Government Standards and Practices Commission.
  (H) Oregon Health Policy Commission.
  (I) State Board of Higher Education.
  (J) Oregon Investment Council.
  (K) Land Conservation and Development Commission.
  (L) Oregon Liquor Control Commission.
  (M) Oregon Short Term Fund Board.
  (N) State Marine Board.
  (O) Mass transit district boards.
  (P) Energy Facility Siting Council.
  (Q) Board of Commissioners of the Port of Portland.
  (R) Employment Relations Board.
  (S) Public Employees Retirement Board.
  (T) Oregon Racing Commission.
  (U) Oregon Transportation Commission.
  (V) Wage and Hour Commission.
  (W) Water Resources Commission.
  (X) Workers' Compensation Board.
  (Y) Oregon Facilities Authority.
  (Z) Oregon State Lottery Commission.
  (AA) Pacific Northwest Electric Power and Conservation Planning
Council.
  (BB) Columbia River Gorge Commission.
  (CC) Oregon Health and Science University Board of Directors.
  (q) The following officers of the State 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 Government 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.
 
    { - (5) 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 require 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 violation 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 statement is
due, + } the commission shall notify the public official  { + or
candidate + } and give the public official  { + or candidate + }
not less than 15 days to comply with the requirements of this
section. If the public official  { + or candidate + } fails to
comply by the date set by the commission, the commission may
impose a civil penalty   { - 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 $1,000 - }  { + 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 contributions 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 candidate 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 expenses
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 + }.
  (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 account 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 Department of Consumer and
Business Services, the Administrator of the Division of Finance
and Corporate 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 office of the State Treasurer or
 
Oregon Investment Council as a representative of an investment
institution, 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 position with the department with
the responsibility for supervising, directing or administering
programs 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;
  (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 period
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 person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or the person's
relative or any business with which the person or a relative of
the person is associated unless the pecuniary benefit or
detriment arises out of circumstances described in subsection
 { - (14) - }   { + (11) + } of this section.
  (2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
or a relative of the public official is associated only as a
member or board director or in a nonremunerative capacity.
  (3) 'Business with which the person is associated' means:
  (a) Any private business or closely held corporation of which
the person or the person's relative is a director, officer, owner
or employee, or agent or any private business or closely held
corporation in which the person or the person's relative owns or
has owned stock, another form of equity interest, stock options
or debt instruments worth $1,000 or more at any point in the
preceding calendar year;
  (b) Any publicly held corporation in which the person or the
person's relative owns or has owned $100,000 or more in stock or
another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;
  (c) Any publicly held corporation of which the person or the
person's relative is a director or officer; or
  (d) For public officials required to file a statement of
economic interest under ORS 244.050, any business   { - from
which 50 percent or more of the total annual income of the person
and members of the person's household is derived during the
current calendar year - }  { +  listed as a source of income as
required under ORS 244.060 (3) + }.
    { - (4) 'Commission' means the Oregon Government Standards
and Practices Commission. - }
    { - (5) - }   { + (4) + } 'Development commission' means any
entity which has the authority to purchase, develop, improve or
lease land or the authority to operate or direct the use of land.
This authority must be more than ministerial.
    { - (6) 'Expenditure' has the meaning given that term in ORS
260.005. - }
    { - (7) - }   { + (5)(a) + } 'Gift' means something of
economic value given to a public official or   { - the public
official's - }   { + a + } relative { +  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 of public officials on the same terms and conditions;
 { + or + }
  { - and something of economic value given to a public official
or the public official's relative - }
   { +  (B) + } For valuable consideration less than that
required from others who are not public officials.   { - However,
'gift' does not mean: - }
   { +  (b) 'Gift' does not mean: + }
    { - (a) Campaign contributions, as described in ORS chapter
260. - }
   { +  (A) Contributions as defined in ORS 260.005. + }
    { - (b) - }   { + (B) + } Gifts from   { - family members - }
 { +  relatives.
 
  (C) Gifts from personal friends of the public official on a
special occasion.
  (D) An unsolicited token or award of appreciation in the form
of a plaque, trophy, desk item, wall memento or similar item.
  (E) Unsolicited informational material, publications or
subscriptions related to the recipient's performance of official
duties.
  (F) Admission provided to or the cost of food or beverage
consumed by a public official, or a member of the household or
staff of the public official when accompanying the public
official, at a reception, meal or meeting held by an organization
before whom the public official appears to speak or to answer
questions as part of a scheduled program.
  (G) Reasonable expenses paid by any unit of the federal
government, a state or local government, a Native American Tribe
that is recognized by federal law or formally acknowledged by a
state, a membership organization to which a public body as
defined in ORS 174.109 pays membership dues or a not-for-profit
corporation that is tax exempt under section 501(c)(3) of the
Internal Revenue Code and that receives less than five percent of
its funding from for-profit organizations or entities, for
attendance at a convention, fact-finding mission or trip, or
other meeting if the public official is scheduled to deliver a
speech, make a presentation, participate on a panel or represent
state government as defined in ORS 174.111 or local government as
defined in ORS 174.116.
  (H) Contributions made to a legal expense trust fund
established under section 31 of this 2007 Act for the benefit of
the public official.
  (I) Reasonable food, travel or lodging expenses provided to a
public official, or to a relative or staff member of the public
official when accompanying the public official, when the public
official is representing state government as defined in ORS
174.111 or local government as defined in ORS 174.116 on an
officially sanctioned trade-promotion or fact-finding mission or
on other official business.
  (J) Food or beverage consumed by a public official acting in an
official capacity:
  (i) In association with the final review, approval, execution
of documents or closing of a borrowing, investment or other
financial transaction, including any business agreement between
state government as defined in ORS 174.111 or a local government
as defined in ORS 174.116 and a private entity or public body as
defined in ORS 174.109;
  (ii) While engaged in due diligence research or presentations
by the office of the State Treasurer related to an existing or
proposed investment or borrowing; or
  (iii) While engaged in a meeting of an advisory, governance or
policy-making body of a corporation, partnership or other entity
in which the office of the State Treasurer has invested
moneys + }.
   { +  (K) 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.
  (L) 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.
  (M) 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. + }
    { - (c) The giving or receiving of food, lodging and travel
when participating in an event which bears a relationship to the
public official's office and when appearing in an official
capacity, subject to the reporting requirement of ORS 244.060
(6). - }
    { - (d) The giving or receiving of food or beverage if the
food or beverage is consumed by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof. - }
    { - (e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof and the value of the entertainment does not exceed $100
per person on a single occasion and is not greater than $250 in
any one calendar year. - }
    { - (8) - }   { + (6) + }   { -  ' Honoraria' - }   { +  '
Honorarium' + } means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services
rendered in connection with an event
  { - at which the public official appears in an official
capacity - } .
    { - (9) - }   { + (7) + } 'Income' means income of any nature
derived from any source, including, but not limited to, any
salary, wage, advance, payment, dividend, interest, rent,
 { - honoraria - }  { +  honorarium + }, return of capital,
forgiveness of indebtedness, or anything of economic value.
    { - (10) - }   { + (8) + } 'Legislative or administrative
interest' means an economic interest, distinct from that of the
general public, in one or more bills, resolutions, regulations,
proposals or other matters subject to the action or vote of a
person acting in the capacity of a public official.
    { - (11) 'Legislative official' means any member or
member-elect of the Legislative Assembly, any member of an
agency, board or committee that is part of the legislative branch
and any staff person, assistant or employee thereof. - }
    { - (12) 'Member of household' means any relative who resides
with the public official. - }
   { +  (9) 'Member of the household' means any person who
resides with the public official. + }
    { - (13) - }   { + (10) + } 'Planning commission' means a
county planning commission created under ORS chapter 215 or a
city planning commission created under ORS chapter 227.
    { - (14) - }   { + (11) + } 'Potential conflict of interest'
means any action or any decision or recommendation by a person
acting in a capacity as a public official, the effect of which
could be to the private pecuniary benefit or detriment of the
person or the person's relative, or a business with which the
person or the person's relative is associated, unless the
pecuniary benefit or detriment arises out of the following:
  (a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
  (b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or the person's relative or business with which the
person or the person's relative is associated, is a member or is
engaged.  The  { + Oregon Government Standards and Practices + }
Commission may by rule limit the minimum size of or otherwise
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, 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.
    { - (17) - }   { + (15) + } 'Statement of economic interest'
means a statement as described by ORS 244.060 to 244.080.
    { - (18) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries. - }
    { - (19) - }   { + (16) + } 'Zoning commission' means an
entity to which is delegated at least some of the discretionary
authority of a planning commission or governing body relating to
zoning and land use matters.
  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)(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 of the public official, or + } any business with which
the public official or a relative of the public official is
associated { + , if the financial gain or avoidance of financial
detriment would not otherwise be available but for the public
official's holding of the official position or office.
  (2) Subsection (1) of this section does not apply to:
  (a) Any part of an official compensation package as determined
by the public body that the public official serves.
  (b) The receipt by a public official or a relative 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 of
the public official from a source that could reasonably be known
to have a legislative or administrative interest in a
governmental agency in which the official holds any official
position or over which the official exercises any authority.
  (f) Gifts received by a public official or a relative of the
public official from a source that could not reasonably be known
to have a legislative or administrative interest in a
governmental agency in which the official holds any official
position or over which the official exercises any authority.
 
  (g) The receipt by a public official or a relative 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 legislative
official. - }
    { - (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 candidate 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. - }
    { - (6) - }   { + (5) + }   { - 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.
   { +  (6) 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 of the public
official or candidate may not solicit or receive, directly or
indirectly, any gift or gifts with an aggregate value in excess
of $50 from any single source that could reasonably be known to
have a legislative or administrative interest in any governmental
agency in which the public official holds, or the candidate if
elected would hold, any official position or over which the
public official exercises, or the candidate if elected would
exercise, any authority.
  (2) During a calendar year, a person who has a legislative or
administrative interest in any governmental agency in which a
public official holds any official position or over which the
public official exercises any authority may not offer to the
public official or a relative of the public official any gift or
gifts with an aggregate value in excess of $50.
  (3) During a calendar year, a person who has a legislative or
administrative interest in any governmental agency in which a
candidate for public office if elected would hold any official
position or over which the candidate if elected would exercise
any authority may not offer to the candidate or a relative of the
candidate any gift or gifts with an aggregate value in excess of
$50.
  (4) This section does not apply to judges or other public
officials serving the judicial department as defined in ORS
174.113. + }
  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 prescribed by the Oregon
Government Standards and Practices Commission  { - , and - }
 { + . + } The person 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 percent 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 expected 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.
    { - (6)(a) Notwithstanding ORS 244.020 (7)(c), if a public
official has received food, lodging and payment of travel
expenses exceeding $100 when participating in an event which
bears a relationship to 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 determined 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 interest 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 household 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 institution, 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)(G). 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) All honoraria allowed under section 24 of this 2007 Act
exceeding $15 received by the public official, candidate or
member of the household of the official or candidate, the payer
of each honorarium and the date and time of the event for which
the honorarium was received.
  (c) Each source of income exceeding an aggregate amount of
$1,000, whether or not taxable, received by the public official
or candidate for public office, or a member of the household of
the public official or candidate, if the source of that income is
derived from an individual or business that has been doing
business, does business or could reasonably be expected to do
business with, or has legislative or administrative interest in,
the governmental agency of which the public official holds, or
the candidate if elected would hold, any official position or
over which the public official exercises, or the candidate if
elected would exercise, any authority. + }
    { - (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)(G) + } 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
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.  { + Section 23 of this 2007 Act is 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 7 of the following calendar year,
for the accounting period beginning October 1 and ending December
31. + }
 
                               { +
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 member of the household of the public official if the
honoraria are solicited or received in connection with the
official duties of the public official.
  (2) Except as provided in subsection (3) of this section, a
candidate for public office may not solicit or receive, whether
directly or indirectly, honoraria for the candidate or any member
of the household of the candidate if the honoraria are solicited
or received in connection with the official duties of the public
office for which the person is a candidate.
  (3) This section does not prohibit:
  (a) The solicitation or receipt of an honorarium or a
certificate, plaque, commemorative token or other item with a
value of $50 or less; or
  (b) The solicitation or receipt of an honorarium for services
performed in relation to the private profession, occupation,
avocation or expertise of the public official or candidate. + }
  SECTION 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 + } liable
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 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 Education 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
regardless of whether there is a licensing agreement between the
Oregon University System and the private entity; and
  (e) Performing public duties paid by private organizations,
including institution corporate affiliates, which augment an
officer's or employee's publicly funded salary. Such income shall
be authorized 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 section, 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
accordance 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
regardless 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 affiliates, that augment an
officer's or employee's publicly funded salary. Such income shall
be authorized 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
accordance with policies of the university. The disclosure is a
public record subject to public inspection.
  (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 potential 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 establish 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 expenses incurred by the public official
in any civil, criminal or other legal proceeding or investigation
that relates to or arises from the course and scope of duties of
the person as a public official.
  (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 administration 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 official; and
  (c) A sworn affidavit described in subsection (4) of this
section signed 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
  (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 determine
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 compliance with
sections 29 to 37 of this 2007 Act.
  (7) Unless subject to the attorney-client privilege, all
documents required to be filed relating to the creation and
administration of a trust fund are public records subject to
disclosure 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 commission
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 establishes 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
attorney; 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 unlimited 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 section 35 of this 2007 Act.
  (3) A political committee as defined in ORS 260.005 that is a
principal campaign committee 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 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 schedule described in subsection (3) of
this section, file with the Oregon Government Standards and
Practices Commission a statement for the applicable reporting
period showing contributions received by the trustee and
expenditures made from the trust fund account established 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 period, 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 determination 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
established. Upon application of the public official who
established the trust fund, the commission 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 remaining in the fund. If the commission
extends the existence of the trust fund, the trust fund
terminates on the date the extension expires.
  (3) Following termination of a legal expense trust fund, the
trustee may not accept contributions 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 official,
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 associated, the member shall
notify in writing the State Treasurer or the Chief Deputy State
Treasurer that any action, decision or recommendation by the
member might constitute an actual or potential conflict of
interest. The member shall provide the notice not later than
three business days after the member becomes aware of the
possibility of an actual or potential conflict.
  (3) Subsection (2) of this section does not apply if the
pecuniary benefit or detriment arises out of circumstances
described in ORS 244.020   { - (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.
 
                               { +
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 40.  { + (1) Sections 1 to 5, 15a, 15b, 18, 22, 23, 24,
28 and 29 to 37 of this 2007 Act and the amendments to ORS
171.745, 171.750, 171.772, 171.992, 244.020, 244.040, 244.045,
244.050, 244.060, 244.070, 244.100, 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 and 38 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. + }
  SECTION 41.  { + (1) Section 5 of this 2007 Act and the
amendments to ORS 171.745 and 171.750 by sections 6 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 6 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 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 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 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 January 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.
  (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
reporting periods beginning on or after January 1, 2008. + }
  SECTION 46.  { + The unit captions used in this 2007 Act are
provided only for the convenience 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 47.  { + 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. + }
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