Bill Text: OR SB540 | 2011 | Regular Session | Introduced

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Bill Title: Relating to government ethics; declaring an emergency.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB540 Detail]

Download: Oregon-2011-SB540-Introduced.html

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     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 1572

                         Senate Bill 540

Sponsored by Senator STARR (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 as
introduced.

  Requires certain public officials and candidates to file
quarterly statements of economic interest with Oregon Government
Ethics Commission.
  Becomes operative January 1, 2012.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to government ethics; creating new provisions; amending
  ORS 244.020, 244.060, 244.100, 244.110, 244.162, 244.218,
  244.290 and 244.350; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 244.100 is amended to read:
  244.100.  { + (1) A public official or candidate who is
required to file a statement of economic interest under ORS
244.050 shall file with the Oregon Government Ethics Commission,
according to the schedule set forth in ORS 244.218, a statement
showing for the applicable reporting period:
  (a) All expenses with an aggregate value exceeding $50 received
by the public official during the preceding calendar year when
participating in a convention, mission, trip or other meeting
described in ORS 244.020 (6)(b)(F), including the name and
address of the organization, unit of government, tribe or
corporation paying the expenses, the nature of the event and the
date and amount of the expense.
  (b) All expenses with an aggregate value exceeding $50 received
by the public official during the preceding calendar year when
participating in a mission, negotiations or economic development
activities described in ORS 244.020 (6)(b)(H), including the name
and address of the person paying the expenses, the nature of the
event and the date and amount of the expenditure.
  (c) All honoraria and other items allowed under ORS 244.042
with a value exceeding $15 that are received by the public
official, candidate or member of the household of the public
official or candidate during the preceding calendar year, the
provider of each honorarium or item and the date and time of the
event for which the honorarium or item was received.
  (d) The name, principal address and brief description of each
source of income exceeding an aggregate amount of $1,000, whether
or not taxable, received by the public official or candidate, or
a member of the household of the public official or candidate,
during the preceding calendar year, if the source of that income
is derived from an individual or business that has a legislative
or administrative interest or that has been doing business, does
business or could reasonably be expected to do business with the
governmental agency of which the public official holds, or the
candidate if elected would hold, an official position or over
which the public official exercises, or the candidate if elected
would exercise, any authority. + }
    { - (1) - }  { +  (2) + } Any organization, unit of
government, tribe or corporation that provides a public official
with expenses with an aggregate value exceeding $50 for an event
described in ORS 244.020 (6)(b)(F) shall notify the public
official in writing of the amount of the expense. The
organization, unit, tribe or corporation shall provide the notice
to the public official within 10 days after the date the expenses
are incurred.
    { - (2) - }  { +  (3) + } Any person that provides a public
official or candidate, or a member of the household of the public
official or candidate, with an honorarium or other item allowed
under ORS 244.042 with a value exceeding $15 shall notify the
public official or candidate in writing of the value of the
honorarium or other item. The person shall provide the notice to
the public official or candidate within 10 days after the date of
the event for which the honorarium or other item was received.
  SECTION 2. ORS 244.060 is amended to read:
  244.060. The statement of economic interest filed under ORS
244.050 shall be on a form prescribed by the Oregon Government
Ethics Commission. The public official or candidate filing the
statement shall supply the information required by this section
and ORS 244.090, as follows:
  (1) The names of all positions as officer of a business and
business directorships held by the public official or candidate
or a member of the household of the public official or candidate
during the preceding calendar year, and the principal address and
a brief description of each business.
  (2) All names under which the public official or candidate and
members of the household of the public official or candidate do
business and the principal address and a brief description of
each business.
  (3) The names, principal addresses and brief descriptions of
the sources of income received during the preceding calendar year
by the public official or candidate or a member of the household
of the public official or candidate that produce 10 percent or
more of the total annual household income.
  (4)(a) A list of all real property in which the public official
or candidate or a member of the household of the public official
or candidate has or has had any personal, beneficial ownership
interest during the preceding calendar year, any options to
purchase or sell real property, including a land sales contract,
and any other rights of any kind in real property located within
the geographic boundaries of the governmental agency of which the
public official holds, or the candidate if elected would hold, an
official position or over which the public official exercises, or
the candidate if elected would exercise, any authority.
  (b) This subsection does not require the listing of the
principal residence of the public official or candidate.
    { - (5) All expenses with an aggregate value exceeding $50
received by the public official during the preceding calendar
year when participating in a convention, mission, trip or other
meeting described in ORS 244.020 (6)(b)(F), including the name
and address of the organization, unit of government, tribe or
corporation paying the expenses, the nature of the event and the
date and amount of the expense. - }
    { - (6) All expenses with an aggregate value exceeding $50
received by the public official during the preceding calendar
year when participating in a mission, negotiations or economic
development activities described in ORS 244.020 (6)(b)(H),
including the name and address of the person paying the expenses,
the nature of the event and the date and amount of the
expenditure. - }
    { - (7) All honoraria and other items allowed under ORS
244.042 with a value exceeding $15 that are received by the
public official, candidate or member of the household of the
public official or candidate during the preceding calendar year,
the provider of each honorarium or item and the date and time of
the event for which the honorarium or item was received. - }
    { - (8) The name, principal address and brief description of
each source of income exceeding an aggregate amount of $1,000,
whether or not taxable, received by the public official or
candidate, or a member of the household of the public official or
candidate, during the preceding calendar year, if the source of
that income is derived from an individual or business that has a
legislative or administrative interest or that has been doing
business, does business or could reasonably be expected to do
business with the governmental agency of which the public
official holds, or the candidate if elected would hold, an
official position or over which the public official exercises, or
the candidate if elected would exercise, any authority. - }
  SECTION 3. ORS 244.218 is amended to read:
  244.218. Statements required to be filed with the Oregon
Government Ethics Commission under ORS { +  244.100 and + }
244.217 shall be filed in each calendar year:
  (1) Not later than April 15, for the accounting period
beginning January 1 and ending March 31;
  (2) Not later than July 15, for the accounting period beginning
April 1 and ending June 30;
  (3) Not later than October 15, for the accounting period
beginning July 1 and ending September 30; and
  (4) Not later than January 15 of the following calendar year,
for the accounting period beginning October 1 and ending December
31.
  SECTION 4. 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
(12) of this section.
  (2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
or a relative of the public official is associated only as a
member or board director or in a nonremunerative capacity.
  (3) 'Business with which the person is associated' means:
  (a) Any private business or closely held corporation of which
the person or the person's relative is a director, officer, owner
or employee, or agent or any private business or closely held
corporation in which the person or the person's relative owns or
has owned stock, another form of equity interest, stock options
or debt instruments worth $1,000 or more at any point in the
preceding calendar year;
  (b) Any publicly held corporation in which the person or the
person's relative owns or has owned $100,000 or more in stock or
another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;

  (c) Any publicly held corporation of which the person or the
person's relative is a director or officer; or
  (d) For public officials required to file a statement of
economic interest under ORS 244.050, any business listed as a
source of income as required under ORS 244.060 (3).
  (4) 'Candidate' means an individual for whom a declaration of
candidacy, nominating petition or certificate of nomination to
public office has been filed or whose name is printed on a ballot
or is expected to be or has been presented, with the individual's
consent, for nomination or election to public office.
  (5) 'Development commission' means any entity that has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
  (6)(a) 'Gift' means something of economic value given to a
public official, a candidate or a relative or member of the
household of the public official or candidate:
  (A) Without valuable consideration of equivalent value,
including the full or partial forgiveness of indebtedness, which
is not extended to others who are not public officials or
candidates or the relatives or members of the household of public
officials or candidates on the same terms and conditions; or
  (B) For valuable consideration less than that required from
others who are not public officials or candidates.
  (b) 'Gift' does not mean:
  (A) Contributions as defined in ORS 260.005.
  (B) Gifts from relatives or members of the household of the
public official or candidate.
  (C) An unsolicited token or award of appreciation in the form
of a plaque, trophy, desk item, wall memento or similar item,
with a resale value reasonably expected to be less than $25.
  (D) Informational or program material, publications or
subscriptions related to the recipient's performance of official
duties.
  (E) Admission provided to or the cost of food or beverage
consumed by a public official, or a member of the household or
staff of the public official when accompanying the public
official, at a reception, meal or meeting held by an organization
when the public official represents state government as defined
in ORS 174.111, a local government as defined in ORS 174.116 or a
special government body as defined in ORS 174.117.
  (F) Reasonable expenses paid by any unit of the federal
government, a state or local government, a Native American tribe
that is recognized by federal law or formally acknowledged by a
state, a membership organization to which a public body as
defined in ORS 174.109 pays membership dues or a not-for-profit
corporation that is tax exempt under section 501(c)(3) of the
Internal Revenue Code, for attendance at a convention,
fact-finding mission or trip, conference or other meeting if the
public official is scheduled to deliver a speech, make a
presentation, participate on a panel or represent state
government as defined in ORS 174.111, a local government as
defined in ORS 174.116 or a special government body as defined in
ORS 174.117.
  (G) Contributions made to a legal expense trust fund
established under ORS 244.209 for the benefit of the public
official.
  (H) Reasonable food, travel or lodging expenses provided to a
public official, a relative of the public official accompanying
the public official, a member of the household of the public
official accompanying the public official or a staff member of
the public official accompanying the public official, when the
public official is representing state government as defined in
ORS 174.111, a local government as defined in ORS 174.116 or a
special government body as defined in ORS 174.117:

  (i) On an officially sanctioned trade-promotion or fact-finding
mission; or
  (ii) In officially designated negotiations, or economic
development activities, where receipt of the expenses is approved
in advance.
  (I) Food or beverage consumed by a public official acting in an
official capacity:
  (i) In association with the review, approval, execution of
documents or closing of a borrowing, investment or other
financial transaction, including any business agreement between
state government as defined in ORS 174.111, a local government as
defined in ORS 174.116 or a special government body as defined in
ORS 174.117 and a private entity or public body as defined in ORS
174.109;
  (ii) While engaged in due diligence research or presentations
by the office of the State Treasurer related to an existing or
proposed investment or borrowing; or
  (iii) While engaged in a meeting of an advisory, governance or
policy-making body of a corporation, partnership or other entity
in which the office of the State Treasurer has invested moneys.
  (J) Waiver or discount of registration expenses or materials
provided to a public official or candidate at a continuing
education event that the public official or candidate may attend
to satisfy a professional licensing requirement.
  (K) Expenses provided by one public official to another public
official for travel inside this state to or from an event that
bears a relationship to the receiving public official's office
and at which the official participates in an official capacity.
  (L) Food or beverage consumed by a public official or candidate
at a reception where the food or beverage is provided as an
incidental part of the reception and no cost is placed on the
food or beverage.
  (M) Entertainment provided to a public official or candidate or
a relative or member of the household of the public official or
candidate that is incidental to the main purpose of another
event.
  (N) Entertainment provided to a public official or a relative
or member of the household of the public official where the
public official is acting in an official capacity while
representing state government as defined in ORS 174.111, a local
government as defined in ORS 174.116 or a special government body
as defined in ORS 174.117 for a ceremonial purpose.
  (O) Anything of economic value offered to or solicited or
received by a public official or candidate, or a relative or
member of the household of the public official or candidate:
  (i) As part of the usual and customary practice of the person's
private business, or the person's employment or position as a
volunteer with a private business, corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, not-for-profit corporation or other legal entity
operated for economic value; and
  (ii) That bears no relationship to the public official's or
candidate's holding of, or candidacy for, the official position
or public office.
  (P) Reasonable expenses paid to a public school employee for
accompanying students on an educational trip.
  (7) 'Honorarium' means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price.  Services
include, but are not limited to, speeches or other services
rendered in connection with an event.
  (8) 'Income' means income of any nature derived from any
source, including, but not limited to, any salary, wage, advance,
payment, dividend, interest, rent, honorarium, return of capital,
forgiveness of indebtedness, or anything of economic value.

  (9) 'Legislative or administrative interest' means an economic
interest, distinct from that of the general public, in:
  (a) Any matter subject to the decision or vote of the public
official acting in the public official's capacity as a public
official; or
  (b) Any matter that would be subject to the decision or vote of
the candidate who, if elected, would be acting in the capacity of
a public official.
  (10) 'Member of the household' means any person who resides
with the public official or candidate.
  (11) 'Planning commission' means a county planning commission
created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
  (12) 'Potential conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the person's
relative, or a business with which the person or the person's
relative is associated, unless the pecuniary benefit or detriment
arises out of the following:
  (a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
  (b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or the person's relative or business with which the
person or the person's relative is associated, is a member or is
engaged.
  (c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code.
  (13) 'Public office' has the meaning given that term in ORS
260.005.
  (14) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body as
defined in ORS 174.109 as an elected official, appointed
official, employee or agent, irrespective of whether the person
is compensated for the services.
  (15) 'Relative' means:
  (a) The spouse of the public official or candidate;
  (b) Any children of the public official or of the public
official's spouse;
  (c) Any children of the candidate or of the candidate's spouse;
  (d) Siblings, spouses of siblings or parents of the public
official or of the public official's spouse;
  (e) Siblings, spouses of siblings or parents of the candidate
or of the candidate's spouse;
  (f) Any individual for whom the public official or candidate
has a legal support obligation;
  (g) Any individual for whom the public official provides
benefits arising from the public official's public employment or
from whom the public official receives benefits arising from that
individual's employment; or
  (h) Any individual from whom the candidate receives benefits
arising from that individual's employment.
  (16) 'Statement of economic interest' means a statement as
described by ORS 244.060 { + , + }   { - or - }  244.070 { +  or
244.100 + }.
  (17) 'Zoning commission' means an entity to which is delegated
at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use
matters.
  SECTION 5. ORS 244.110 is amended to read:
  244.110. (1) Each statement of economic interest required to be
filed under ORS 244.050, 244.060, 244.070 { + , + }   { - or - }
244.090 { +  or 244.100 + }, or by rule under ORS 244.290, and
each trading statement required to be filed under ORS 244.055
shall be signed and certified as true by the person required to
file it and shall contain a written declaration that the
statement is made under the penalties of false swearing.
  (2) A person may not sign and certify a statement under
subsection (1) of this section if the person knows that the
statement contains information that is false.
  (3) Violation of subsection (2) of this section is punishable
as false swearing under ORS 162.075.
  SECTION 6. ORS 244.162 is amended to read:
  244.162. (1) A person designated by a public body as defined in
ORS 174.109 shall provide information explaining the requirements
of ORS 244.050, 244.060, 244.070 { + , + }   { - and - }
244.090 { +  and 244.100 + } to each newly elected or appointed
public official serving the public body who is required to file a
verified statement of economic interest under ORS 244.050. The
information must be received by the public official either at the
first meeting attended by the public official or before the
public official takes the oath of office, whichever occurs first.
  (2) At the time of fulfilling duties under subsection (1) of
this section, the person designated by the public body shall
provide to each newly elected or appointed public official
serving the public body a copy of the statements and explanation
provided to the public body under subsection (3) of this section.
  (3) The Oregon Government Ethics Commission shall provide
copies of the statements described in ORS 244.060,
244.070 { + , + }   { - and - } 244.090  { + and 244.100 + } and
an explanation of the requirements of the law relating to the
statements to each public body that is served by a public
official who is required to file a statement described in ORS
244.060, 244.070 { + , + }   { - or - }  244.090 { +  or
244.100 + }.
  (4) A newly elected or appointed public official serving a
public body who is not informed of the filing requirements under
ORS 244.050, 244.060, 244.070 { + , + }   { - and - }  244.090
 { + and 244.100 + } and provided with a copy of the statements
and explanation as required under this section before attending
the first meeting or taking the oath of office may resign that
office within 90 days thereafter or before the next date
specified in ORS 244.050 for the filing of a statement, whichever
is later, without filing a verified statement of economic
interest and without incurring a sanction or penalty that might
otherwise be imposed for not filing.
  SECTION 7. ORS 244.290 is amended to read:
  244.290. (1) The Oregon Government Ethics Commission shall:
  (a) Prescribe forms for statements required by this chapter and
provide the forms to persons required to file the statements
under this chapter or pursuant to a resolution adopted under ORS
244.160.
  (b) Develop a filing, coding and cross-indexing system
consistent with the purposes of this chapter.
  (c) Prepare and publish reports the commission finds are
necessary.
  (d) Make advisory opinions issued by the commission or the
executive director of the commission available to the public at
no charge on the Internet.
  (e) Accept and file any information voluntarily supplied that
exceeds the requirements of this chapter.
  (f) Make statements and other information filed with the
commission available for public inspection and copying during
regular office hours, and make copying facilities available at a
charge not to exceed actual cost.
  (g) Not later than February 1 of each odd-numbered year, report
to the Legislative Assembly any recommended changes to provisions
of ORS 171.725 to 171.785 or this chapter.
  (2) The commission shall adopt rules necessary to carry out its
duties under ORS 171.725 to 171.785 and 171.992 and this chapter,
including rules to:
  (a) Create a procedure under which items before the commission
may be treated under a consent calendar and voted on as a single
item;
  (b) Exempt a public official who is otherwise required to file
a statement pursuant to ORS 244.050 from filing the statement if
the regularity, number and frequency of the meetings and actions
of the body over which the public official has jurisdiction are
so few or infrequent as not to warrant the public disclosure;
  (c) Establish an administrative process whereby a person
subpoenaed by the commission may obtain a protective order;
  (d) List criteria and establish a process for the commission to
use prosecutorial discretion to decide whether to proceed with an
inquiry or investigation;
  (e) Establish a procedure under which the commission shall
conduct accuracy audits of a sample of reports or statements
filed with the commission under this chapter or ORS 171.725 to
171.785;
  (f) Describe the application of provisions exempting items from
the definition of 'gift' in ORS 244.020;
  (g) Specify when a continuing violation is considered a single
violation or a separate and distinct violation for each day the
violation occurs; and
  (h) Set criteria for determining the amount of civil penalties
that the commission may impose.
  (3) The commission may adopt rules that:
  (a) Limit the minimum size of, or otherwise establish criteria
for or identify, the smaller classes that qualify under the class
exception from the definition of 'potential conflict of interest'
under ORS 244.020;
  (b) Require the disclosure and reporting of gifts or other
compensation made to or received by a public official or
candidate;
  (c) Establish criteria for cases in which information relating
to notices of actual or potential conflicts of interest shall,
may not or may be provided to the commission under ORS 244.130;
or
  (d) Allow the commission to accept the filing of a statement
containing less than all of the information required under ORS
244.060 { + , + }   { - and - }  244.070  { + and 244.100 + } if
the public official or candidate certifies on the statement that
the information contained on the statement previously filed is
unchanged or certifies only as to any changed material.
  (4) Not less frequently than once each calendar year, the
commission shall:
  (a) Consider adoption of rules the commission deems necessary
to implement or interpret provisions of this chapter relating to
issues the commission determines are of general interest to
public officials or candidates or that are addressed by the
commission or by commission staff on a recurring basis; and
  (b) Review rules previously adopted by the commission to
determine whether the rules have continuing applicability or
whether the rules should be amended or repealed.
  (5) The commission shall adopt by rule an electronic filing
system under which statements required to be filed under ORS
244.050 { + , 244.100 + } and 244.217 may be filed, without a
fee, with the commission in an electronic format. The commission
shall accept statements filed under ORS 244.050 { + , 244.100 + }
and 244.217 in a format that is not electronic.
  (6) The commission shall make statements filed under ORS
244.050 { + , 244.100 + } and 244.217, including statements that
are not filed in an electronic format, available in a searchable
format for review by the public using the Internet.
  SECTION 8. ORS 244.290, as amended by section 9d, chapter 877,
Oregon Laws 2007, and section 14, chapter 68, Oregon Laws 2009,
is amended to read:
  244.290. (1) The Oregon Government Ethics Commission shall:
  (a) Prescribe forms for statements required by this chapter and
provide the forms to persons required to file the statements
under this chapter or pursuant to a resolution adopted under ORS
244.160.
  (b) Develop a filing, coding and cross-indexing system
consistent with the purposes of this chapter.
  (c) Prepare and publish reports the commission finds are
necessary.
  (d) Make advisory opinions issued by the commission or the
executive director of the commission available to the public at
no charge on the Internet.
  (e) Accept and file any information voluntarily supplied that
exceeds the requirements of this chapter.
  (f) Make statements and other information filed with the
commission available for public inspection and copying during
regular office hours, and make copying facilities available at a
charge not to exceed actual cost.
  (g) Not later than February 1 of each odd-numbered year, report
to the Legislative Assembly any recommended changes to provisions
of ORS 171.725 to 171.785 or this chapter.
  (2) The commission shall adopt rules necessary to carry out its
duties under ORS 171.725 to 171.785 and 171.992 and this chapter,
including rules to:
  (a) Create a procedure under which items before the commission
may be treated under a consent calendar and voted on as a single
item;
  (b) Exempt a public official who is otherwise required to file
a statement pursuant to ORS 244.050 from filing the statement if
the regularity, number and frequency of the meetings and actions
of the body over which the public official has jurisdiction are
so few or infrequent as not to warrant the public disclosure;
  (c) Establish an administrative process whereby a person
subpoenaed by the commission may obtain a protective order;
  (d) List criteria and establish a process for the commission to
use prosecutorial discretion to decide whether to proceed with an
inquiry or investigation;
  (e) Establish a procedure under which the commission shall
conduct accuracy audits of a sample of reports or statements
filed with the commission under this chapter or ORS 171.725 to
171.785;
  (f) Describe the application of provisions exempting items from
the definition of 'gift' in ORS 244.020;
  (g) Specify when a continuing violation is considered a single
violation or a separate and distinct violation for each day the
violation occurs; and
  (h) Set criteria for determining the amount of civil penalties
that the commission may impose.
  (3) The commission may adopt rules that:
  (a) Limit the minimum size of, or otherwise establish criteria
for or identify, the smaller classes that qualify under the class
exception from the definition of 'potential conflict of interest'
under ORS 244.020;
  (b) Require the disclosure and reporting of gifts or other
compensation made to or received by a public official or
candidate;
  (c) Establish criteria for cases in which information relating
to notices of actual or potential conflicts of interest shall,
may not or may be provided to the commission under ORS 244.130;
or

  (d) Allow the commission to accept the filing of a statement
containing less than all of the information required under ORS
244.060 { + , + }   { - and - }  244.070  { + and 244.100 + } if
the public official or candidate certifies on the statement that
the information contained on the statement previously filed is
unchanged or certifies only as to any changed material.
  (4) Not less frequently than once each calendar year, the
commission shall:
  (a) Consider adoption of rules the commission deems necessary
to implement or interpret provisions of this chapter relating to
issues the commission determines are of general interest to
public officials or candidates or that are addressed by the
commission or by commission staff on a recurring basis; and
  (b) Review rules previously adopted by the commission to
determine whether the rules have continuing applicability or
whether the rules should be amended or repealed.
  (5) The commission shall adopt by rule an electronic filing
system under which statements required to be filed under ORS
244.050 { + , 244.100 + } and 244.217 must be filed, without a
fee, with the commission in an electronic format.
  (6) The commission shall make statements filed under ORS
244.050 { + , 244.100 + } and 244.217 available in a searchable
format for review by the public using the Internet.
  SECTION 9. ORS 244.350 is amended to read:
  244.350. (1) The Oregon Government Ethics Commission may impose
civil penalties not to exceed:
  (a) Except as provided in paragraph (b) of this subsection,
$5,000 for violation of any provision of this chapter or any
resolution adopted under ORS 244.160.
  (b) $25,000 for violation of ORS 244.045.
  (2)(a) Except as provided in paragraph (b) of this subsection,
the commission may impose civil penalties not to exceed $1,000
for violation of any provision of ORS 192.660.
  (b) A civil penalty may not be imposed under this subsection if
the violation occurred as a result of the governing body of the
public body acting upon the advice of the public body's counsel.
  (3) The commission may impose civil penalties not to exceed
$250 for violation of ORS 293.708. A civil penalty imposed under
this subsection is in addition to and not in lieu of a civil
penalty that may be imposed under subsection (1) of this section.
  (4)(a) The commission may impose civil penalties on a person
who fails to file the statement required under ORS 244.050 { + ,
244.100 + } or 244.217. In enforcing this subsection, the
commission is not required to follow the procedures in ORS
244.260 before finding that a violation of ORS 244.050 { + ,
244.100 + } or 244.217 has occurred.
  (b) Failure to file the required statement in timely fashion is
prima facie evidence of a violation of ORS 244.050 { + ,
244.100 + } or 244.217.
  (c) The commission may impose a civil penalty of $10 for each
of the first 14 days the statement is late beyond the date set by
law, or by the commission under ORS 244.050, and $50 for each day
thereafter. The maximum penalty that may be imposed under this
subsection is $5,000.
  (5) In lieu of or in conjunction with finding a violation of
law or any resolution or imposing a civil penalty under this
section, the commission may issue a written letter of reprimand,
explanation or education.
  SECTION 10.  { + The amendments to ORS 244.020, 244.060,
244.100, 244.110, 244.162, 244.218, 244.290 and 244.350 by
sections 1 to 9 of this 2011 Act apply to statements filed with
the Oregon Government Ethics Commission on or after January 1,
2012. + }
  SECTION 11.  { + The amendments to ORS 244.020, 244.060,
244.100, 244.110, 244.162, 244.218, 244.290 and 244.350 by

sections 1 to 9 of this 2011 Act become operative on January 1,
2012. + }
  SECTION 12.  { + The Oregon Government Ethics Commission may
adopt rules or take any other action before the operative date
specified in section 11 of this 2011 Act that is necessary to
enable the commission to exercise, on or after the operative date
specified in section 11 of this 2011 Act, all the duties,
functions and powers conferred upon the commission by the
amendments to ORS 244.020, 244.060, 244.100, 244.110, 244.162,
244.218, 244.290 and 244.350 by sections 1 to 9 of this 2011
Act. + }
  SECTION 13.  { + 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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