Bill Text: OR SB705 | 2013 | Regular Session | Introduced

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Bill Title: Relating to exceptions to gift limitation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB705 Detail]

Download: Oregon-2013-SB705-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3195

                         Senate Bill 705

Sponsored by Senator GIROD

                             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.

  Establishes exception to gift limitation for food and beverages
for members of Legislative Assembly and candidates.

                        A BILL FOR AN ACT
Relating to exceptions to gift limitation; creating new
  provisions; and amending ORS 244.020.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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.
   { +  (Q) Food or beverage consumed by a member of the
Legislative Assembly, or a candidate for office as a member of
the Legislative Assembly, at a meal or reception. + }
  (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.
  (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 2.  { + The amendments to ORS 244.020 in section 1 of
this 2013 Act first apply to food or beverage consumed by members
of the Legislative Assembly, or candidates for office as members
of the Legislative Assembly, on or after the effective date of
this 2013 Act. + }
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