Bill Text: OR HB3446 | 2011 | Regular Session | Introduced

Oregon House Bill 3446 (Prior Session Legislation)

Introduced

Bill Title: Relating to employment of legislators following legislative service; declaring an emergency.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3446 Detail]

Download: Oregon-2011-HB3446-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2435

                         House Bill 3446

Sponsored by Representative FREEMAN

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits former member of Legislative Assembly from taking
position as public official in state government and receiving
salary for performance of duties as public official within one
year after ceasing to be member. Creates exceptions. Exempts
certain positions.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to employment of legislators following legislative
  service; creating new provisions; amending ORS 244.045; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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.
   { +  (7)(a) A person who has been a member of the Legislative
Assembly may not, within one year after ceasing to be a member of
the Legislative Assembly, take a position as a public official in
state government, as defined in ORS 174.111, and receive a salary
for the performance of duties as a public official unless:
  (A) Recruitment for the position is advertised to the public
continuously for not less than two weeks;
  (B) The minimum qualifications for the position do not require
prior service as a member of the Legislative Assembly; and
  (C) At least three applicants or the number of applicants who
meet the minimum qualifications for the position, whichever is
less, are considered for the position.
  (b) This subsection does not apply to:
  (A) An elective public office;
  (B) A position as a judge for the Supreme Court, Court of
Appeals, Oregon Tax Court or circuit court; or
  (C) A position as a public official that requires confirmation
by the Senate in the manner provided in ORS 171.562 and
171.565. + }
  SECTION 2.  { + The amendments to ORS 244.045 by section 1 of
this 2011 Act apply to current or former members of the
Legislative Assembly who are selected to be public officials on
or after the effective date of this 2011 Act. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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