Bill Text: OR HB3091 | 2011 | Regular Session | Introduced

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Bill Title: Relating to evidence of unfitness of appointed elected official to hold office; prescribing an effective date.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3091 Detail]

Download: Oregon-2011-HB3091-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 3037-1

                         House Bill 3091

Sponsored by Representative THATCHER (at the request of Erin
  Thurber)

                             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.

  Modifies reference to constitutional provision for which
finding by Oregon Government Ethics Commission that appointed
public official has violated certain statutes or rules
constitutes prima facie evidence of unfitness for office.
  Takes effect only if House Joint Resolution 22 (2011) (LC 3037)
is approved by people at next regular general election.  Takes
effect on effective date of constitutional amendment proposed
in House Joint Resolution 22 (2011) (LC 3037).

                        A BILL FOR AN ACT
Relating to evidence of unfitness of appointed elected official
  to hold office; amending ORS 244.270; and prescribing an
  effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 244.270 is amended to read:
  244.270. (1) If the Oregon Government Ethics Commission finds
that an appointed public official has violated any provision of
this chapter or any rule adopted under this chapter, the finding
is prima facie evidence of unfitness where removal is authorized
for cause   { - either by law or pursuant to section 6, Article
VII (Amended) - }   { + by law or pursuant to section 5, Article
III + } of the Oregon Constitution.
  (2) If the commission finds that a public official has violated
any provision of this chapter or any rule adopted under this
chapter, the commission shall notify the public body, as defined
in ORS 174.109, that the public official serves. The notice shall
describe the violation and any action taken by the commission.
The commission shall provide the notice not later than 10
business days after the date the commission takes final action
against the public official.
  SECTION 2.  { + This 2011 Act does not become effective unless
the amendment to the Oregon Constitution proposed by House Joint
Resolution 22 (2011) (LC 3037) is approved by the people at the
regular general election held in November 2012. This 2011 Act
takes effect on the effective date of that amendment. + }
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