Bill Text: OR HB2323 | 2013 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the Oregon Growth Board; and declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-14 - Chapter 732, (2013 Laws): Effective date August 14, 2013. [HB2323 Detail]
Download: Oregon-2013-HB2323-Amended.html
Bill Title: Relating to the Oregon Growth Board; and declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-14 - Chapter 732, (2013 Laws): Effective date August 14, 2013. [HB2323 Detail]
Download: Oregon-2013-HB2323-Amended.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
HA to HB 2323
LC 2458/HB 2323-2
HOUSE AMENDMENTS TO
HOUSE BILL 2323
By COMMITTEE ON TRANSPORTATION AND ECONOMIC DEVELOPMENT
April 12
On page 1 of the printed bill, line 2, after 'Board; ' insert
'creating new provisions; amending ORS 192.502, 244.050, 284.706,
293.731, 293.761 and 348.702 and sections 2, 5 and 26, chapter
90, Oregon Laws 2012; repealing sections 27, 28, 34, 35 and 36,
chapter 90, Oregon Laws 2012;'.
Delete lines 4 through 31 and delete page 2 and insert:
' { + SECTION 1. + } Section 26, chapter 90, Oregon Laws
2012, is amended to read:
' { + Sec. 26. + } Sections 5, 6, 7 and 12 to 18 { + ,
chapter 90, Oregon Laws 2012 + } { - of this 2012 Act - } , the
amendments to ORS { - 192.502, - } 284.701, { - 284.706,
293.731, - } 293.733 { - , 293.761, - } { + and + } 293.796
{ - and 348.702 - } by sections { + 20, 23 and 25, chapter 90,
Oregon Laws 2012, + }
{ - 7a and 19 to 25 of this 2012 Act - } and the repeal of ORS
348.701, 348.703, 348.704, 348.706, 348.707 and 348.710 by
section 10 { + , chapter 90, Oregon Laws 2012, + } { - of this
2012 Act - } become operative on January { - 2 - } { +
1 + }, 2014.
' { + SECTION 2. + } Section 2, chapter 90, Oregon Laws 2012,
is amended to read:
' { + Sec. 2. + } It is the intent of the Legislative
Assembly, in enacting sections 1 to 7 { + , chapter 90, Oregon
Laws 2012 + } { - of this 2012 Act - } , to encourage
investment in and availability of capital to businesses in this
state { + , including but not limited to traded sector
businesses, businesses in the initial and follow-up phases of
development and businesses in the rural regions of this
state, + } and to increase resources available to local
governments and state agencies that create, facilitate, maintain
and promote financial services and support and to other efforts
that further economic development in Oregon.
' { + SECTION 3. + } Section 5, chapter 90, Oregon Laws 2012,
is amended to read:
' { + Sec. 5. + } The Oregon Growth Board has the following
duties, functions and powers:
' (1) To maintain, invest and reinvest moneys in the Oregon
Growth Fund established under section 7 { + , chapter 90, Oregon
Laws 2012, + } { - of this 2012 Act - } consistent with the
policies and procedures established by the board and the
investment standard stated in ORS 293.726, including but not
limited to the creation and maintenance of one or more investment
funds within the Oregon Growth Fund. In exercising its authority
under this subsection, the board may include economic factors,
including but not limited to job retention and creation, as
considerations in making investment decisions.
' (2) To maintain, invest and reinvest moneys in the Oregon
Growth Account established under ORS 348.702 consistent with the
policies and procedures established by the board and the
investment standard stated in ORS 293.726 and for the purpose of
earning returns for the Education Stability Fund. Policies
established by the board under this subsection shall include, but
are not limited to, the determination of when and how earnings
are calculated and declared available from the account on behalf
of the Education Stability Fund.
' (3) To make and enter into contracts, agreements or
arrangements for the investment and management of moneys in the
Oregon Growth Account and the Oregon Growth Fund as provided in
section 6 { + , chapter 90, Oregon Laws 2012, + } { - of this
2012 Act - } and for other services the board deems reasonable
and necessary to fulfill the duties of the board under this
section.
' (4)(a) With respect to the Oregon Growth Account, to make,
purchase, guarantee or hold loans, including but not limited to
participation interests in loans, made to or from the Oregon
Growth Account for the purpose of earning returns for the
Education Stability Fund.
' (b) With respect to the Oregon Growth Fund, to make,
purchase, guarantee or hold grants and loans, including but not
limited to competitive grants and participation interests in
loans, made to or from the Oregon Growth Fund for the benefit of
qualified businesses for the purpose of furthering economic
development.
' (5) To qualify or certify businesses that invest in the
Oregon Growth Account or the Oregon Growth Fund for any
investment incentive approved by the board.
' (6) To collaborate, cooperate and enter into agreements with
local governments, state agencies, financial institutions and
other entities as appropriate to:
' (a) Provide financial services and support to businesses for
the purpose of furthering economic development;
' (b) Coordinate actions, responsibilities and resources that
further economic development; and
' (c) Delegate between the board and a local government or
state agency any duties, functions or powers that the board,
local government or state agency is authorized to perform if
consistent with and necessary to the administration of sections 1
to 7 { + , chapter 90, Oregon Laws 2012 + } { - of this 2012
Act - } . Delegation of duties, functions or powers under this
paragraph must be done pursuant to written agreement.
' (7) To seek, solicit, obtain and accept local, state, federal
and private resources and donations for deposit into the Oregon
Growth Account and the Oregon Growth Fund to aid in the
administration of sections 1 to 7 { + , chapter 90, Oregon Laws
2012 + }
{ - of this 2012 Act - } .
' (8) To adopt rules that { - specify - } :
' (a) { + Specify + } the board's permissible investments
{ - , - } and { + the + } activities and services that the
board may provide or engage in;
' (b) { + Create + } guidelines regarding the amount and type
of leverage to maximize investments and any other resources
available to, and subject to the authority of, the board;
{ - and - }
' { + (c) Provide a means to evaluate the performance of
investments, including, but not limited to, the number of
businesses assisted, the types and amount of resources leveraged
and returns on investment, and to evaluate impact on jobs and
wages in this state; and + }
' { - (c) - } { + (d) + } { + Establish + } other
requirements that the board considers necessary for the exercise
of the board's duties, functions and powers under sections 1 to
7 { + , chapter 90, Oregon Laws 2012 + } { - of this 2012
Act - } .
' (9) To make recommendations to the Legislative Assembly
regarding:
' (a) Appropriations of General Fund moneys to the Oregon
Growth Fund;
' (b) The terms of income and corporate excise tax subtractions
or other tax expenditures, as defined in ORS 291.201, that will
promote and create private investment in the Oregon Growth Fund;
' (c) Incentives for private sector investment that further
investment, capital availability, job creation and economic
development;
' (d) The use of moneys in the Oregon Growth Account to earn
returns for the Education Stability Fund; and
' (e) Legislation needed to further economic development.
' { + (10) To report annually to standing and interim
committees of the Legislative Assembly related to business and
economic development regarding implementation and administration
of the Oregon Growth Board and investments made by the board
pursuant to this section. + }
' { + SECTION 4. + } { + Sections 27, 28, 34, 35 and 36,
chapter 90, Oregon Laws 2012, are repealed. + }
' { + SECTION 5. + } ORS 192.502, as amended by section 26,
chapter 45, Oregon Laws 2012, and sections 19 and 30, chapter 90,
Oregon Laws 2012, is amended to read:
' 192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
' (1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
' (2) Information of a personal nature such as but not limited
to that kept in a personal, medical or similar file, if public
disclosure would constitute an unreasonable invasion of privacy,
unless the public interest by clear and convincing evidence
requires disclosure in the particular instance. The party seeking
disclosure shall have the burden of showing that public
disclosure would not constitute an unreasonable invasion of
privacy.
' (3) Public body employee or volunteer addresses, Social
Security numbers, dates of birth and telephone numbers contained
in personnel records maintained by the public body that is the
employer or the recipient of volunteer services. This exemption:
' (a) Does not apply to the addresses, dates of birth and
telephone numbers of employees or volunteers who are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
' (b) Does not apply to employees or volunteers to the extent
that the party seeking disclosure shows by clear and convincing
evidence that the public interest requires disclosure in a
particular instance;
' (c) Does not apply to a substitute teacher as defined in ORS
342.815 when requested by a professional education association of
which the substitute teacher may be a member; and
' (d) Does not relieve a public employer of any duty under ORS
243.650 to 243.782.
' (4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
' (5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
' (6) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services in the administration of ORS chapters 723 and
725 not otherwise required by law to be made public, to the
extent that the interests of lending institutions, their
officers, employees and customers in preserving the
confidentiality of such information outweighs the public interest
in disclosure.
' (7) Reports made to or filed with the court under ORS 137.077
or 137.530.
' (8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
' (9)(a) Public records or information the disclosure of which
is prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
' (b) Subject to ORS 192.423, paragraph (a) of this subsection
does not apply to factual information compiled in a public record
when:
' (A) The basis for the claim of exemption is ORS 40.225;
' (B) The factual information is not prohibited from disclosure
under any applicable state or federal law, regulation or court
order and is not otherwise exempt from disclosure under ORS
192.410 to 192.505;
' (C) The factual information was compiled by or at the
direction of an attorney as part of an investigation on behalf of
the public body in response to information of possible wrongdoing
by the public body;
' (D) The factual information was not compiled in preparation
for litigation, arbitration or an administrative proceeding that
was reasonably likely to be initiated or that has been initiated
by or against the public body; and
' (E) The holder of the privilege under ORS 40.225 has made or
authorized a public statement characterizing or partially
disclosing the factual information compiled by or at the
attorney's direction.
' (10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
' (11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
' (12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapters 238 and 238A.
' (13) Records of or submitted to the State Treasurer, the
Oregon Investment Council or the agents of the treasurer or the
council relating to active or proposed publicly traded
investments under ORS chapter 293, including but not limited to
records regarding the acquisition, exchange or liquidation of the
investments. For the purposes of this subsection:
' (a) The exemption does not apply to:
' (A) Information in investment records solely related to the
amount paid directly into an investment by, or returned from the
investment directly to, the treasurer or council; or
' (B) The identity of the entity to which the amount was paid
directly or from which the amount was received directly.
' (b) An investment in a publicly traded investment is no
longer active when acquisition, exchange or liquidation of the
investment has been concluded.
' (14)(a) Records of or submitted to the State Treasurer, the
Oregon Investment Council, the Oregon Growth { - Account - }
Board or the agents of the treasurer, council or board relating
to actual or proposed investments under ORS chapter 293 or 348 in
a privately placed investment fund or a private asset including
but not limited to records regarding the solicitation,
acquisition, deployment, exchange or liquidation of the
investments including but not limited to:
' (A) Due diligence materials that are proprietary to an
investment fund, to an asset ownership or to their respective
investment vehicles.
' (B) Financial statements of an investment fund, an asset
ownership or their respective investment vehicles.
' (C) Meeting materials of an investment fund, an asset
ownership or their respective investment vehicles.
' (D) Records containing information regarding the portfolio
positions in which an investment fund, an asset ownership or
their respective investment vehicles invest.
' (E) Capital call and distribution notices of an investment
fund, an asset ownership or their respective investment vehicles.
' (F) Investment agreements and related documents.
' (b) The exemption under this subsection does not apply to:
' (A) The name, address and vintage year of each privately
placed investment fund.
' (B) The dollar amount of the commitment made to each
privately placed investment fund since inception of the fund.
' (C) The dollar amount of cash contributions made to each
privately placed investment fund since inception of the fund.
' (D) The dollar amount, on a fiscal year-end basis, of cash
distributions received by the State Treasurer, the Oregon
Investment Council, the Oregon Growth { - Account - } Board or
the agents of the treasurer, council or board from each privately
placed investment fund.
' (E) The dollar amount, on a fiscal year-end basis, of the
remaining value of assets in a privately placed investment fund
attributable to an investment by the State Treasurer, the Oregon
Investment Council, the Oregon Growth { - Account - } Board or
the agents of the treasurer, council or board.
' (F) The net internal rate of return of each privately placed
investment fund since inception of the fund.
' (G) The investment multiple of each privately placed
investment fund since inception of the fund.
' (H) The dollar amount of the total management fees and costs
paid on an annual fiscal year-end basis to each privately placed
investment fund.
' (I) The dollar amount of cash profit received from each
privately placed investment fund on a fiscal year-end basis.
' (15) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
' (16) Reports of unclaimed property filed by the holders of
such property to the extent permitted by ORS 98.352.
' (17)(a) The following records, communications and information
submitted to the Oregon Business Development Commission, the
Oregon Business Development Department, the State Department of
Agriculture, the Oregon Growth { - Account - } Board, the Port
of Portland or other ports as defined in ORS 777.005, or a county
or city governing body and any board, department, commission,
council or agency thereof, by applicants for investment funds,
grants, loans, services or economic development moneys, support
or assistance including, but not limited to, those described in
ORS 285A.224:
' (A) Personal financial statements.
' (B) Financial statements of applicants.
' (C) Customer lists.
' (D) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this subparagraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
' (E) Production, sales and cost data.
' (F) Marketing strategy information that relates to
applicant's plan to address specific markets and applicant's
strategy regarding specific competitors.
' (b) The following records, communications and information
submitted to the State Department of Energy by applicants for tax
credits or for grants awarded under ORS 469B.256:
' (A) Personal financial statements.
' (B) Financial statements of applicants.
' (C) Customer lists.
' (D) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this subparagraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
' (E) Production, sales and cost data.
' (F) Marketing strategy information that relates to
applicant's plan to address specific markets and applicant's
strategy regarding specific competitors.
' (18) Records, reports or returns submitted by private
concerns or enterprises required by law to be submitted to or
inspected by a governmental body to allow it to determine the
amount of any transient lodging tax payable and the amounts of
such tax payable or paid, to the extent that such information is
in a form which would permit identification of the individual
concern or enterprise. Nothing in this subsection shall limit the
use which can be made of such information for regulatory purposes
or its admissibility in any enforcement proceedings. The public
body shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
' (a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
' (b) The period for which the taxes are delinquent.
' (c) The actual, or estimated, amount of the delinquency.
' (19) All information supplied by a person under ORS 151.485
for the purpose of requesting appointed counsel, and all
information supplied to the court from whatever source for the
purpose of verifying the financial eligibility of a person
pursuant to ORS 151.485.
' (20) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
' (a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
' (b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
' (c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
' (d) When a worker or the worker's representative requests
review of the worker's claim record.
' (21) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is
not customarily provided to business competitors.
' (22) Records of Oregon Health and Science University
regarding candidates for the position of president of the
university.
' (23) The records of a library, including:
' (a) Circulation records, showing use of specific library
material by a named person;
' (b) The name of a library patron together with the address or
telephone number of the patron; and
' (c) The electronic mail address of a patron.
' (24) The following records, communications and information
obtained by the Housing and Community Services Department in
connection with the department's monitoring or administration of
financial assistance or of housing or other developments:
' (a) Personal and corporate financial statements and
information, including tax returns.
' (b) Credit reports.
' (c) Project appraisals.
' (d) Market studies and analyses.
' (e) Articles of incorporation, partnership agreements and
operating agreements.
' (f) Commitment letters.
' (g) Project pro forma statements.
' (h) Project cost certifications and cost data.
' (i) Audits.
' (j) Project tenant correspondence.
' (k) Personal information about a tenant.
' (L) Housing assistance payments.
' (25) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
' (26) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
' (27) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
' (28) Personally identifiable information about customers of a
municipal electric utility or a people's utility district or the
names, dates of birth, driver license numbers, telephone numbers,
electronic mail addresses or Social Security numbers of customers
who receive water, sewer or storm drain services from a public
body as defined in ORS 174.109. The utility or district may
release personally identifiable information about a customer, and
a public body providing water, sewer or storm drain services may
release the name, date of birth, driver license number, telephone
number, electronic mail address or Social Security number of a
customer, if the customer consents in writing or electronically,
if the disclosure is necessary for the utility, district or other
public body to render services to the customer, if the disclosure
is required pursuant to a court order or if the disclosure is
otherwise required by federal or state law. The utility, district
or other public body may charge as appropriate for the costs of
providing such information. The utility, district or other public
body may make customer records available to third party credit
agencies on a regular basis in connection with the establishment
and management of customer accounts or in the event such accounts
are delinquent.
' (29) A record of the street and number of an employee's
address submitted to a special district to obtain assistance in
promoting an alternative to single occupant motor vehicle
transportation.
' (30) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
' (31) Documents, materials or other information submitted to
the Director of the Department of Consumer and Business Services
in confidence by a state, federal, foreign or international
regulatory or law enforcement agency or by the National
Association of Insurance Commissioners, its affiliates or
subsidiaries under ORS 86A.095 to 86A.198, 697.005 to 697.095,
697.602 to 697.842, 705.137, 717.200 to 717.320, 717.900 or
717.905, ORS chapter 59, 723, 725 or 726, the Bank Act or the
Insurance Code when:
' (a) The document, material or other information is received
upon notice or with an understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or other information; and
' (b) The director has obligated the Department of Consumer and
Business Services not to disclose the document, material or other
information.
' (32) A county elections security plan developed and filed
under ORS 254.074.
' (33) Information about review or approval of programs
relating to the security of:
' (a) Generation, storage or conveyance of:
' (A) Electricity;
' (B) Gas in liquefied or gaseous form;
' (C) Hazardous substances as defined in ORS 453.005 (7)(a),
(b) and (d);
' (D) Petroleum products;
' (E) Sewage; or
' (F) Water.
' (b) Telecommunication systems, including cellular, wireless
or radio systems.
' (c) Data transmissions by whatever means provided.
' (34) The information specified in ORS 25.020 (8) if the Chief
Justice of the Supreme Court designates the information as
confidential by rule under ORS 1.002.
' (35)(a) Employer account records of the State Accident
Insurance Fund Corporation.
' (b) As used in this subsection, 'employer account records '
means all records maintained in any form that are specifically
related to the account of any employer insured, previously
insured or under consideration to be insured by the State
Accident Insurance Fund Corporation and any information obtained
or developed by the corporation in connection with providing,
offering to provide or declining to provide insurance to a
specific employer. 'Employer account records' includes, but is
not limited to, an employer's payroll records, premium payment
history, payroll classifications, employee names and
identification information, experience modification factors, loss
experience and dividend payment history.
' (c) The exemption provided by this subsection may not serve
as the basis for opposition to the discovery documents in
litigation pursuant to applicable rules of civil procedure.
' (36)(a) Claimant files of the State Accident Insurance Fund
Corporation.
' (b) As used in this subsection, 'claimant files' includes,
but is not limited to, all records held by the corporation
pertaining to a person who has made a claim, as defined in ORS
656.005, and all records pertaining to such a claim.
' (c) The exemption provided by this subsection may not serve
as the basis for opposition to the discovery documents in
litigation pursuant to applicable rules of civil procedure.
' (37) Except as authorized by ORS 408.425, records that
certify or verify an individual's discharge or other separation
from military service.
' (38) Records of or submitted to a domestic violence service
or resource center that relate to the name or personal
information of an individual who visits a center for service,
including the date of service, the type of service received,
referrals or contact information or personal information of a
family member of the individual. As used in this subsection,
'domestic violence service or resource center' means an entity,
the primary purpose of which is to assist persons affected by
domestic or sexual violence by providing referrals, resource
information or other assistance specifically of benefit to
domestic or sexual violence victims.
' { + SECTION 6. + } ORS 244.050, as amended by sections 9
and 29, chapter 90, Oregon Laws 2012, is amended to read:
' 244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Ethics Commission a
verified statement of economic interest as required under this
chapter:
' (a) The Governor, Secretary of State, State Treasurer,
Attorney General, Commissioner of the Bureau of Labor and
Industries, district attorneys and members of the Legislative
Assembly.
' (b) Any judicial officer, including justices of the peace and
municipal judges, except any pro tem judicial officer who does
not otherwise serve as a judicial officer.
' (c) Any candidate for a public office designated in paragraph
(a) or (b) of this subsection.
' (d) The Deputy Attorney General.
' (e) The Legislative Administrator, the Legislative Counsel,
the Legislative Fiscal Officer, the Secretary of the Senate and
the Chief Clerk of the House of Representatives.
' (f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each public university listed in
ORS 352.002.
' (g) The following state officers:
' (A) Adjutant General.
' (B) Director of Agriculture.
' (C) Manager of State Accident Insurance Fund Corporation.
' (D) Water Resources Director.
' (E) Director of Department of Environmental Quality.
' (F) Director of Oregon Department of Administrative Services.
' (G) State Fish and Wildlife Director.
' (H) State Forester.
' (I) State Geologist.
' (J) Director of Human Services.
' (K) Director of the Department of Consumer and Business
Services.
' (L) Director of the Department of State Lands.
' (M) State Librarian.
' (N) Administrator of Oregon Liquor Control Commission.
' (O) Superintendent of State Police.
' (P) Director of the Public Employees Retirement System.
' (Q) Director of Department of Revenue.
' (R) Director of Transportation.
' (S) Public Utility Commissioner.
' (T) Director of Veterans' Affairs.
' (U) Executive director of Oregon Government Ethics
Commission.
' (V) Director of the State Department of Energy.
' (W) Director and each assistant director of the Oregon State
Lottery.
' (X) Director of the Department of Corrections.
' (Y) Director of the Oregon Department of Aviation.
' (Z) Executive director of the Oregon Criminal Justice
Commission.
' (AA) Director of the Oregon Business Development Department.
' (BB) Director of the Office of Emergency Management.
' (CC) Director of the Employment Department.
' (DD) Chief of staff for the Governor.
' (EE) Administrator of the Office for Oregon Health Policy and
Research.
' (FF) Director of the Housing and Community Services
Department.
' (GG) State Court Administrator.
' (HH) Director of the Department of Land Conservation and
Development.
' (II) Board chairperson of the Land Use Board of Appeals.
' (JJ) State Marine Director.
' (KK) Executive director of the Oregon Racing Commission.
' (LL) State Parks and Recreation Director.
' (MM) Public defense services executive director.
' (NN) Chairperson of the Public Employees' Benefit Board.
' (OO) Director of the Department of Public Safety Standards
and Training.
' (PP) Chairperson of the Oregon Student Access Commission.
' (QQ) Executive director of the Oregon Watershed Enhancement
Board.
' (RR) Director of the Oregon Youth Authority.
' (SS) Director of the Oregon Health Authority.
' (TT) Deputy Superintendent of Public Instruction.
' (h) Any assistant in the Governor's office other than
personal secretaries and clerical personnel.
' (i) Every elected city or county official.
' (j) Every member of a city or county planning, zoning or
development commission.
' (k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county.
' (L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
' (m) Every member of a governing body of a metropolitan
service district and the executive officer thereof.
' (n) Each member of the board of directors of the State
Accident Insurance Fund Corporation.
' (o) The chief administrative officer and the financial
officer of each common and union high school district, education
service district and community college district.
' (p) Every member of the following state boards and
commissions:
' (A) Board of Geologic and Mineral Industries.
' (B) Oregon Business Development Commission.
' (C) State Board of Education.
' (D) Environmental Quality Commission.
' (E) Fish and Wildlife Commission of the State of Oregon.
' (F) State Board of Forestry.
' (G) Oregon Government Ethics Commission.
' (H) Oregon Health Policy Board.
' (I) State Board of Higher Education.
' (J) Oregon Investment Council.
' (K) Land Conservation and Development Commission.
' (L) Oregon Liquor Control Commission.
' (M) Oregon Short Term Fund Board.
' (N) State Marine Board.
' (O) Mass transit district boards.
' (P) Energy Facility Siting Council.
' (Q) Board of Commissioners of the Port of Portland.
' (R) Employment Relations Board.
' (S) Public Employees Retirement Board.
' (T) Oregon Racing Commission.
' (U) Oregon Transportation Commission.
' (V) Wage and Hour Commission.
' (W) Water Resources Commission.
' (X) Workers' Compensation Board.
' (Y) Oregon Facilities Authority.
' (Z) Oregon State Lottery Commission.
' (AA) Pacific Northwest Electric Power and Conservation
Planning Council.
' (BB) Columbia River Gorge Commission.
' (CC) Oregon Health and Science University Board of Directors.
' (DD) Capitol Planning Commission.
' (EE) Higher Education Coordinating Commission.
' { + (FF) Oregon Growth Board. + }
' (q) The following officers of the State Treasurer:
' (A) Deputy State Treasurer.
' (B) Chief of staff for the office of the State Treasurer.
' (C) Director of the Investment Division.
' (r) Every member of the board of commissioners of a port
governed by ORS 777.005 to 777.725 or 777.915 to 777.953.
' (s) Every member of the board of directors of an authority
created under ORS 441.525 to 441.595.
' (2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
Oregon Government Ethics Commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
' (3) By April 15 next after the filing deadline for the
primary election, each candidate described in subsection (1) of
this section shall file with the commission a statement of
economic interest as required under ORS 244.060, 244.070 and
244.090.
' (4) Within 30 days after the filing deadline for the general
election, each candidate described in subsection (1) of this
section who was not a candidate in the preceding primary
election, or who was nominated for public office described in
subsection (1) of this section at the preceding primary election
by write-in votes, shall file with the commission a statement of
economic interest as required under ORS 244.060, 244.070 and
244.090.
' (5) Subsections (1) to (4) of this section apply only to
persons who are incumbent, elected or appointed public officials
as of April 15 and to persons who are candidates on April 15.
Subsections (1) to (4) of this section also apply to persons who
do not become candidates until 30 days after the filing deadline
for the statewide general election.
' (6) If a statement required to be filed under this section
has not been received by the commission within five days after
the date the statement is due, the commission shall notify the
public official or candidate and give the public official or
candidate not less than 15 days to comply with the requirements
of this section. If the public official or candidate fails to
comply by the date set by the commission, the commission may
impose a civil penalty as provided in ORS 244.350.
' { + SECTION 7. + } ORS 284.706, as amended by sections 21
and 31, chapter 90, Oregon Laws 2012, is amended to read:
' 284.706. (1) There is created the Oregon Innovation Council
consisting of the following voting members:
' (a) The Governor or the Governor's designated representative,
who shall be chairperson of the council.
' (b) Five members appointed by the Governor who are engaged in
the operations of Oregon traded sector industries or Oregon
growth businesses.
' (c) One member appointed by the Governor who is a
representative of an Oregon-based, generally accredited,
not-for-profit private institution of higher education.
' (d) A member of the Oregon Growth { - Account - } Board,
appointed by the board { - , who has experience in the field of
venture capital - } .
' (e) A member of the Engineering and Technology Industry
Council, appointed by the Engineering and Technology Industry
Council.
' (f) The Director of the Oregon Business Development
Department.
' (g) The Chancellor of the Oregon University System.
' (h) The Commissioner for Community College Services.
' (i) The State Treasurer.
' (2)(a) The Speaker of the House of Representatives shall
appoint two members to the council who are members of the House
of Representatives.
' (b) The President of the Senate shall appoint two members to
the council who are members of the Senate.
' (c) Members of the Legislative Assembly appointed to the
council are nonvoting members and may act in an advisory capacity
only.
' (3) The following persons, or their representatives, shall
serve as ex officio, nonvoting members of the council:
' (a) The presiding officer of the Oregon Business Development
Commission.
' (b) The president of the State Board of Higher Education.
' (c) The chairperson of the State Board of Education.
' (d) An executive officer of an association representing
Oregon-based, generally accredited, not-for-profit private
institutions of higher education, appointed by the Governor.
' (4) The term of office of each appointed voting member of the
council is three years, but an appointed member serves at the
pleasure of the appointing authority. Before the expiration of
the term of an appointed voting member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. An appointed member is eligible for reappointment. If
there is a vacancy for any cause, the appointing authority shall
make an appointment to become immediately effective for the
remainder of the unexpired term.
' (5) A majority of the voting members of the council
constitutes a quorum for the transaction of business.
' (6) Official action by the council requires the approval of a
majority of the voting members of the council.
' (7) The council shall meet at least twice per fiscal year at
a place, day and time determined by the chairperson. The council
may also meet at other times and places specified by a call of
the chairperson or by written request of a majority of the voting
members of the council.
' (8) The council may adopt rules necessary for the operation
of the council.
' (9) The council may establish committees and delegate to the
committees duties as the council considers desirable.
' (10) The Oregon Business Development Department shall provide
staff support to the council.
' (11) Members of the council who are members of the
Legislative Assembly are entitled to compensation and expense
reimbursement as provided in ORS 171.072.
' (12) Members of the council who are not members of the
Legislative Assembly are entitled to compensation and expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
compensation and expenses of members of the council who are
public officers shall be paid out of funds appropriated to the
public agency that employs the member. Claims for compensation
and expenses of members of the council who are not public
officers shall be paid out of funds appropriated to the Oregon
Business Development Department for that purpose.
' (13) All agencies of state government, as defined in ORS
174.111, are directed to assist the council in the performance of
its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the council consider necessary to perform their
duties.
' { + SECTION 8. + } ORS 293.731, as amended by sections 22
and 32, chapter 90, Oregon Laws 2012, is amended to read:
' 293.731. Subject to the objective set forth in ORS 293.721
and the standards set forth in ORS 293.726, the Oregon Investment
Council shall formulate policies for the investment and
reinvestment of moneys in the investment funds and the
acquisition, retention, management and disposition of investments
of the investment funds. The council, from time to time, shall
review those policies and make changes therein as it considers
necessary or desirable. The council may formulate separate
policies for any fund included in the investment funds. This
section does not apply to the Oregon Growth Account, { + the
Oregon Growth Fund, + } the Oregon Growth { - Account - }
Board, the Oregon Commercialized Research Fund, the Oregon
Innovation Fund or the Oregon Innovation Council.
' { + SECTION 9. + } ORS 293.761, as amended by sections 24
and 33, chapter 90, Oregon Laws 2012, is amended to read:
' 293.761. (1) The investment officer shall follow generally
accepted accounting practices and provide to the officer or body
having control and administration of any investment funds any
information necessary for financial reporting required by law.
' (2) The investment officer shall separately identify
investments held in the Oregon Growth Account established in ORS
348.702 { - and the Oregon Resource and Technology Development
Subaccount established in ORS 348.706 - } as part of the
information provided under this section on the Education
Stability Fund.
' { + SECTION 10. + } ORS 348.702, as amended by section 2,
chapter 805, Oregon Laws 2009, and sections 7a and 33a, chapter
90, Oregon Laws 2012, is amended to read:
' 348.702. (1) There is created within the Education Stability
Fund the Oregon Growth Account, to which shall be credited, in
the manner provided in subsection (2) of this section, 10 percent
of the funds transferred under { - section 4, - } Article
XV { + , section 4, + } of the Oregon Constitution, from the
Administrative Services Economic Development Fund to the
Education Stability Fund. Separate records shall be maintained
for moneys in the Oregon Growth Account that are available for
the purposes specified in subsection (5) of this section. The
account may be credited with unrestricted appropriations, gifts,
donations, grants or contract proceeds from any source, with
investments or funds from any source and with returns on
investments made from the account.
' (2) The Oregon Department of Administrative Services may
credit to the Oregon Growth Account from the first funds
transferred in a fiscal year to the Education Stability Fund
under
{ - section 4, - } Article XV { + , section 4, + } of the
Oregon Constitution, an amount up to the amount the department
estimates to be 10 percent of the funds required to be
transferred to the Education Stability Fund for that fiscal year.
' (3) If at the end of the fiscal year the amount credited to
the Oregon Growth Account under subsection (2) of this section is
less than or greater than 10 percent of the amount required to be
transferred under { - section 4, - } Article XV { + , section
4, + } of the Oregon Constitution, to the Education Stability
Fund, the amount credited to the Oregon Growth Account shall be
adjusted in one of the following ways:
' (a) The amount credited to the account in the following
fiscal year may be adjusted;
' (b) Any excess may be transferred from the Oregon Growth
Account to the Education Stability Fund; or
' (c) Any shortage may be transferred from the Education
Stability Fund to the Oregon Growth Account from funds available
for that purpose.
' (4) Adjustments required by subsection (3) of this section
shall be made without consideration of any interest or other
earnings that have accrued during the fiscal year.
' (5) The purpose of the Oregon Growth Account is to earn
returns for the Education Stability Fund { - by making
investments in or by providing seed capital for emerging growth
businesses - } .
' (6) The investment of funds in the Oregon Growth Account
shall be governed by the Oregon Growth { - Account - } Board.
' { + (7) The Oregon Growth Board may use moneys in the
Oregon Growth Account to pay the administrative costs associated
with the account and with administering those portions of
sections 1 to 7, chapter 90, Oregon Laws 2012, that pertain to
the account. + }
' { + SECTION 11. + } { + The amendments to ORS 192.502,
284.706, 293.731, 293.761 and 348.702 by sections 5 and 7 to 10
of this 2013 Act become operative on the 91st day after the date
on which the 2013 regular session of the Seventy-seventh
Legislative Assembly adjourns sine die. + }
' { + SECTION 12. + } { + This 2013 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect on its passage. + } ' .
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