Bill Text: OR SB273 | 2011 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to SB 273

LC 2795/SB 273-1

                      SENATE AMENDMENTS TO
                         SENATE BILL 273

                      By COMMITTEE ON RULES

                             March 8

  In line 2 of the printed bill, after 'ORS' insert '171.992
and'.
  Delete lines 29 and 30 and insert:
  '  { +  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. + } ' .
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