Bill Text: OR SB11 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to the Deputy State Treasurer; and declaring an emergency.

Sponsorship: Unknown

Status: (Passed) 2011-05-19 - Effective date, May 19, 2011. [SB11 Detail]

Download: Oregon-2011-SB11-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 11

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of State Treasurer Ted
  Wheeler)

                     CHAPTER ................

                             AN ACT

Relating to the Deputy State Treasurer; amending ORS 171.735,
  178.060, 244.045, 244.050, 244.055 and 293.708; and declaring
  an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 178.060 is amended to read:
  178.060. (1) The State Treasurer may employ and appoint
 { - one Chief Deputy - }   { + a Deputy State Treasurer + } and
may also employ   { - clerks and stenographers - }   { + other
personnel + } necessary in the performance of the business and
duties of the office and fix their compensation.
  (2) The   { - Chief Deputy, clerks and stenographers - }
 { + Deputy State Treasurer and other personnel + } shall be paid
out of the State Treasury, and their compensation may not exceed
the appropriation of the Legislative Assembly for the
compensation.
  (3) Except as provided in subsection (4) of this section, ORS
chapter 240 does not apply to the office of the State Treasurer.
  (4) ORS 240.165, 240.167, 240.240 (3) and 240.321 apply to the
office of the State Treasurer.
  (5) The State Treasurer shall adopt rules, policies and
procedures necessary to establish a system of personnel
administration based on merit principles. The system must include
provisions for the transfer of accumulated leave with pay between
the office of the State Treasurer and other state agencies. For
employees who do not serve at the pleasure of the State Treasurer
or who are not subject to a collective bargaining agreement, the
system must provide standards for discipline and dismissal and a
process for appeal of decisions related to discipline and
dismissal.
  (6) The   { - Chief Deputy, clerks and stenographers - }
 { + Deputy State Treasurer and other personnel + } shall perform
such duties as the State Treasurer may direct and shall take an
oath to support the Oregon Constitution and faithfully to
discharge the duties of their positions.
   { +  (7) In the event of a vacancy in the office of State
Treasurer:
  (a) The Deputy State Treasurer may exercise any of the duties,
powers or functions granted to the State Treasurer by the

Enrolled Senate Bill 11 (SB 11-INTRO)                      Page 1

statutory law of this state until the vacancy is filled as
provided by law; and
  (b) Any duties assigned by the former State Treasurer to the
Deputy State Treasurer under subsection (6) of this section prior
to the vacancy are retained by the Deputy State Treasurer until
modified by a successor in the office of State Treasurer. + }
  SECTION 2. ORS 171.735 is amended to read:
  171.735. ORS 171.740 and 171.745 do not apply to the following
persons:
  (1) News media, or their employees or agents, that in the
ordinary course of business directly or indirectly urge
legislative action but that engage in no other activities in
connection with the legislative action.
  (2) Any legislative official acting in an official capacity.
  (3) Any individual who does not receive compensation or
reimbursement of expenses for lobbying, who limits lobbying
activities solely to formal appearances to give testimony before
public sessions of committees of the Legislative Assembly, or
public hearings of state agencies, and who, when testifying,
registers an appearance in the records of the committees or
agencies.
  (4) A person who does not spend more than an aggregate amount
of 24 hours during any calendar quarter lobbying and who does not
spend an aggregate amount in excess of $100 lobbying during any
calendar quarter.
  (5) The Governor, chief of staff for the Governor, deputy chief
of staff for the Governor, legal counsel to the Governor, deputy
legal counsel to the Governor, Secretary of State, Deputy
Secretary of State appointed pursuant to ORS 177.040, State
Treasurer,   { - Chief - }  Deputy State Treasurer appointed
pursuant to ORS 178.060, chief of staff for the office of the
State Treasurer, Attorney General, Deputy Attorney General
appointed pursuant to ORS 180.130, Superintendent of Public
Instruction, Deputy Superintendent of Public Instruction
appointed pursuant to ORS 326.330, Commissioner of the Bureau of
Labor and Industries, deputy commissioner of the Bureau of Labor
and Industries appointed pursuant to ORS 651.060, members and
staff of the Oregon Law Commission who conduct the law revision
program of the commission or any judge.
  SECTION 3. 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.

Enrolled Senate Bill 11 (SB 11-INTRO)                      Page 2

  (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.

Enrolled Senate Bill 11 (SB 11-INTRO)                      Page 3

  (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 4. ORS 244.050 is amended to read:
  244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Ethics Commission a
verified statement of economic interest as required under this
chapter:
  (a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
  (b) Any judicial officer, including justices of the peace and
municipal judges, except any pro tem judicial officer who does
not otherwise serve as a judicial officer.
  (c) Any candidate for a public office designated in paragraph
(a) or (b) of this subsection.
  (d) The Deputy Attorney General.
  (e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
  (f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
  (g) The following state officers:
  (A) Adjutant General.
  (B) Director of Agriculture.
  (C) Manager of State Accident Insurance Fund Corporation.
  (D) Water Resources Director.
  (E) Director of Department of Environmental Quality.
  (F) Director of Oregon Department of Administrative Services.
  (G) State Fish and Wildlife Director.
  (H) State Forester.
  (I) State Geologist.
  (J) Director of Human Services.
  (K) Director of the Department of Consumer and Business
Services.
  (L) Director of the Department of State Lands.
  (M) State Librarian.
  (N) Administrator of Oregon Liquor Control Commission.
  (O) Superintendent of State Police.
  (P) Director of the Public Employees Retirement System.
  (Q) Director of Department of Revenue.
  (R) Director of Transportation.
  (S) Public Utility Commissioner.
  (T) Director of Veterans' Affairs.
  (U) Executive director of Oregon Government Ethics Commission.
  (V) Director of the State Department of Energy.

Enrolled Senate Bill 11 (SB 11-INTRO)                      Page 4

  (W) Director and each assistant director of the Oregon State
Lottery.
  (X) Director of the Department of Corrections.
  (Y) Director of the Oregon Department of Aviation.
  (Z) Executive director of the Oregon Criminal Justice
Commission.
  (AA) Director of the Oregon Business Development Department.
  (BB) Director of the Office of Emergency Management.
  (CC) Director of the Employment Department.
  (DD) Chief of staff for the Governor.
  (EE) Administrator of the Office for Oregon Health Policy and
Research.
  (FF) Director of the Housing and Community Services Department.
  (GG) State Court Administrator.
  (HH) Director of the Department of Land Conservation and
Development.
  (II) Board chairperson of the Land Use Board of Appeals.
  (JJ) State Marine Director.
  (KK) Executive director of the Oregon Racing Commission.
  (LL) State Parks and Recreation Director.
  (MM) Public defense services executive director.
  (NN) Chairperson of the Public Employees' Benefit Board.
  (OO) Director of the Department of Public Safety Standards and
Training.
  (PP) Chairperson of the Oregon Student Assistance Commission.
  (QQ) Executive director of the Oregon Watershed Enhancement
Board.
  (RR) Director of the Oregon Youth Authority.
  (SS) Director of the Oregon Health Authority.
  (h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
  (i) Every elected city or county official.
  (j) Every member of a city or county planning, zoning or
development commission.
  (k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county.
  (L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
  (m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
  (n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
  (o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
  (p) Every member of the following state boards and commissions:
  (A) Board of Geologic and Mineral Industries.
  (B) Oregon Business Development Commission.
  (C) State Board of Education.
  (D) Environmental Quality Commission.
  (E) Fish and Wildlife Commission of the State of Oregon.
  (F) State Board of Forestry.
  (G) Oregon Government Ethics Commission.
  (H) Oregon Health Policy Board.
  (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.

Enrolled Senate Bill 11 (SB 11-INTRO)                      Page 5

  (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.
  (DD) Capitol Planning Commission.
  (q) The following officers of the State Treasurer:
  (A)   { - Chief - }  Deputy State Treasurer.
  (B) Chief of staff for the office of the State Treasurer.
  (C) Director of the Investment Division.
  (r) Every member of the board of commissioners of a port
governed by ORS 777.005 to 777.725 or 777.915 to 777.953.
  (s) Every member of the board of directors of an authority
created under ORS 441.525 to 441.595.
  (2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
Oregon Government Ethics Commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
  (3) By April 15 next after the filing deadline for the primary
election, each candidate 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 described in subsection (1) of this
section who was not a candidate in the preceding primary
election, or who was nominated for public office described in
subsection (1) of this section at the preceding primary election
by write-in votes, shall file with the commission a statement of
economic interest as required under ORS 244.060, 244.070 and
244.090.
  (5) Subsections (1) to (4) of this section apply only to
persons who are incumbent, elected or appointed public officials
as of April 15 and to persons who are candidates on April 15.
Subsections (1) to (4) of this section also apply to persons who
do not become candidates until 30 days after the filing deadline
for the statewide general election.
  (6) If a statement required to be filed under this section has
not been received by the commission within five days after the
date the statement is due, the commission shall notify the public
official or candidate and give the public official or candidate
not less than 15 days to comply with the requirements of this
section. If the public official or candidate fails to comply by
the date set by the commission, the commission may impose a civil
penalty as provided in ORS 244.350.
  SECTION 5. ORS 244.055 is amended to read:
  244.055. (1) In addition to the statement required by ORS
244.050, the State Treasurer and any person listed under ORS

Enrolled Senate Bill 11 (SB 11-INTRO)                      Page 6

244.050 (1)(q) and this subsection shall file quarterly at a time
fixed by the State Treasurer a trading statement listing all
stocks, bonds and other types of securities purchased or sold
during the preceding quarter:
  (a) Directors of the Cash Management Division and the Debt
Management Division.
  (b) Equities, fixed income, short term fund, real estate,
equities real estate and commercial and mortgage real estate
investment officers and assistant investment officers.
  (c) Fixed income and short term fund investment analysts.
  (2) The statement required by subsection (1) of this section
shall be filed for review with the State Treasurer, the Attorney
General and the Division of Audits of the office of the Secretary
of State. The content of the statement is confidential.
  (3) If the State Treasurer or the   { - Chief - }  Deputy State
Treasurer determines that a conflict of interest exists for an
officer or employee, the State Treasurer shall subject the person
to appropriate discipline, including dismissal or termination of
the contract, or both, pursuant to rule. If the State Treasurer
has cause to believe that a violation of this chapter has
occurred, the State Treasurer shall file a complaint with the
Oregon Government Ethics Commission under ORS 244.260.
  (4) If the State Treasurer fails to act on an apparent conflict
of interest under subsection (3) of this section or if the
statement of the State Treasurer or the   { - Chief - }  Deputy
State Treasurer appears to contain a conflict of interest, the
Director of the Division of Audits shall report the failure or
apparent conflict to the Attorney General, who may file a
complaint with the commission.
  SECTION 6. ORS 293.708 is amended to read:
  293.708. (1) As used in this section:
  (a) 'Business' has the meaning given that term in ORS 244.020.
  (b) 'Business with which the person is associated' has the
meaning given that term in ORS 244.020.
  (c) 'Relative' has the meaning given that term in ORS 244.020.
  (2) When a person who is a member of the Oregon Investment
Council becomes aware that action on a matter pending before the
council might lead to private pecuniary benefit or detriment to
the person, to a relative of the person or to a business with
which the person or a relative of the person is associated, the
member shall notify in writing the State Treasurer or the
 { - Chief - } Deputy State Treasurer that any action, decision
or recommendation by the member might constitute an actual or
potential conflict of interest. The member shall provide the
notice not later than three business days after the member
becomes aware of the possibility of an actual or potential
conflict.
  (3) Subsection (2) of this section does not apply if the
pecuniary benefit or detriment arises out of circumstances
described in ORS 244.020 (12).
  (4) Complaints of violations of this section may be made to the
Oregon Government Ethics Commission for review and investigation
as provided by ORS 244.260 and for possible imposition of civil
penalties as provided by ORS 244.350 or 244.360.
  (5) Nothing in this section excuses a member of the council
from compliance with ORS 244.120.
  SECTION 7.  { + 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. + }

Enrolled Senate Bill 11 (SB 11-INTRO)                      Page 7

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Passed by Senate February 22, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 11, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 11 (SB 11-INTRO)                      Page 8

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 11 (SB 11-INTRO)                      Page 9