Governor Kulongoski Signs Ethics, Liability Caps Legislation
Governor also signs bills relating to tobacco regulation and forestland classifications
(Salem) - Today Governor Ted Kulongoski signed four bills into law, including increased liability limits for public entities, amendments to the state ethics laws, tobacco regulation and clarifications to state forestland classifications and associated committees.
The summary of the bills signed by the Governor are below.
Liability Caps (SB 311): Increases the per claim damage limits recoverable under the Oregon Tort Claims Act (OTCA) from the current $200,000 to $1.5 million for the state of Oregon, Oregon Health Science University (OHSU), the State Accident Insurance Fund (SAIF) and the Oregon Utility Notification Center. Increases the per claim damage limit to $500,000 for all other public entities. Increases the per occurrence damage limits under the Oregon Tort Claims Act from the current $500,000 to $3 million for the State of Oregon, OHSU, SAIF and the Oregon Utility Notification Center and to $1 million for all other public entities. Increases the State of Oregon, OHSU, SAIF and Oregon Utility Notification Center per claim limits by $100,000 per year until 2015. Increases the State of Oregon, OHSU, SAIF, and Oregon Utility Notification Center per occurrence limits by $200,000 per year until 2015. Increases the per claim limits for all other government entities by $33,333 per year until 2015. Increases the per occurrence limits for all other government entities by $66,666 per year until 2015. Increases all property damage limits from the current $50,000 per claim to $100,000 per claim and $500,000 per occurrence. Applies (after 2015) an escalator based on the Portland-Salem OR-WA Consumer Price Index for All Urban Consumers up to three percent each year. Begins escalator for property damage in 2010. Removes the distinction between economic and non-economic damages. Creates a Tort Claims Task Force to revisit the issue of tort liability of public bodies to convene in the year 2014. Allows direct appeal to the Supreme Court for challenges to the constitutionality of the damage limits. Applies to causes of action against the State of Oregon, OHSU, SAIF and the Oregon Utility Notification Center from December 28, 2007. Declares emergency. Effective July 1, 2009.
Ethics Laws Clarifications (SB 30): Makes changes and clarifications to ethics laws governing public officials. Defines “candidate” for purposes relating to government ethics. Changes definition of “public official” and conforms the application of ethics laws to both “public officials” and “candidates,” throughout the chapter. Clarifies that certain gift limits apply when the source has a legislative or administrative interest in the public official, and not in the public official’s agency. Clarifies that “legislative or administrative interest” lies in a “decision or vote” of the public official. Clarifies that gift limits do not apply to gifts from private employment or volunteer work of the public official or relative when given as part of the usual and customary practice, and bearing no relationship to the official’s holding of public office. Clarifies that officials may attend receptions or meetings when they are representing a governmental entity. Removes ban on entertainment gifts passed in 2007, making entertainment subject to gift limits. Eliminates quarterly reporting for public officials, increases the number of public officials that must file annual Statement of Economic Interest (SEI), changes income reporting requirements, and removes requirement to list names of relatives and household members on SEI. Prohibits Government Ethics Commission from disclosing names of any relatives or members of household provided from January 1, 2008 until January 1, 2010. Prohibits the Ethics Commission from imposing a penalty on an official who relies in good faith on the Ethics Commission manual or a staff advisory opinion. Delays requirement that commission develop an electronic filing system and post filings online in a format searchable by the public. Recognizes the work that public officials provide, and recognizes certain expected ethical standards of conduct. Declares emergency, takes effect on passage.
Tobacco Regulation (SB 211): Clarifies that out-of-state and internet sellers of tobacco products to Oregon consumers are subject to same regulation as are sellers located in Oregon. Clarifies the applicability of Attorney General’s injunction to all persons. Provides for a civil penalty for violation of tobacco regulations of up to $5,000 per violation.
Forestland Classification (SB 189): Modernizes the process by which citizen committees work with state and local government to determine which lands in various counties should be considered as forestlands, for purposes of receiving wildfire protection from the Oregon Department of Forestry. The owners of lands protected by the department pay yearly assessments for this protection. The land classification process, unchanged for decades, required adjustments, such as acknowledging that many lands protected by the department now also include homes or other structures.
To access the full text of the legislation signed into law today, click here.
Contacts:
Anna Richter Taylor, 503-378-6169
Jillian Schoene, 503-378-5040
Rem Nivens, 503-378-6496
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