Bill Text: OR SB273 | 2011 | Regular Session | Engrossed
Bill Title: Relating to statement of economic interest.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB273 Detail]
Download: Oregon-2011-SB273-Engrossed.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 2795
A-Engrossed
Senate Bill 273
Ordered by the Senate March 8
Including Senate Amendments dated March 8
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 Senate Interim Committee on
Rules)
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.
Reduces maximum penalty that may be imposed for failure to file
ethics statements in timely fashion from $5,000 to $1,000.
{ + Reduces maximum penalty that may be imposed on registered
lobbyist or employer of registered lobbyist for failure to file
statement of expenditures in timely fashion from $5,000 to
$1,000. + }
A BILL FOR AN ACT
Relating to statement of economic interest; creating new
provisions; and amending ORS 171.992 and 244.350.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 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 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 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 - } { + $1,000 + }.
(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 2. ORS 171.992 is amended to read:
171.992. (1) Any person who violates any provision of ORS
171.740 to 171.762, or any rule adopted under ORS 171.725 to
171.785, shall forfeit and pay to the General Fund for each
violation a civil penalty of not more than $5,000, to be
determined by the Oregon Government Ethics Commission.
(2)(a) The commission may impose civil penalties upon a person
who fails to file the statement required under ORS 171.745 or
171.750. In enforcing this subsection, the commission is not
required to follow the procedures in ORS 171.778 before finding
that a violation of ORS 171.745 or 171.750 has occurred.
(b) Failure to file the required statement in timely fashion is
prima facie evidence of a violation of ORS 171.745 or 171.750.
(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 and $50 for each day thereafter. The maximum penalty that may
be imposed under this subsection is { - $5,000 - } { +
$1,000 + }.
(3) A civil penalty imposed under this section may be recovered
in an action brought in the name of the State of Oregon in any
court of appropriate jurisdiction or may be imposed as provided
in ORS 183.745. In any proceedings before the court, including
judicial review under ORS 183.745, the court may review the
penalty as to both liability and reasonableness of amount.
(4)(a) Except as provided in paragraph (b) of this subsection,
the commission shall report, in the manner described in ORS
192.245, to the Legislative Assembly violations of any provision
of ORS 171.740 to 171.762, or any rule adopted under ORS 171.725
to 171.785, for which a penalty is imposed under this section.
The report shall include the name of the person against whom the
penalty was imposed and describe the nature of the violation.
(b) The commission shall adopt rules specifying conditions
under which repeated violations of ORS 171.745 or 171.750
involving a failure to file required statements in a timely
fashion are reported to the Legislative Assembly.
(5) In lieu of or in conjunction with finding a violation of
law or rule or imposing a civil penalty under this section, the
commission may issue a written letter of reprimand, explanation
or education.
SECTION 3. { + The amendments to ORS 171.992 and 244.350 by
sections 1 and 2 of this 2011 Act apply to statements required to
be filed on or after the effective date of this 2011 Act. + }
----------
