Bill Text: OR SB271 | 2011 | Regular Session | Introduced
Bill Title: Relating to the Campaign Finance Fund; appropriating money; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB271 Detail]
Download: Oregon-2011-SB271-Introduced.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 2792
Senate Bill 271
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 as
introduced.
Establishes Campaign Finance Fund. Continuously appropriates
moneys to Secretary of State for purpose of operating electronic
filing system.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Campaign Finance Fund; creating new provisions;
amending ORS 260.232; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Campaign Finance Fund is established in
the State Treasury, separate and distinct from the General Fund.
Moneys in the Campaign Finance Fund may be invested as provided
in ORS 293.701 to 293.820. Interest earned by the Campaign
Finance Fund shall be credited to the fund.
(2) The Campaign Finance Fund consists of moneys collected from
any civil penalty imposed under ORS 260.232 and any other moneys
transferred to the fund.
(3) Moneys deposited to the credit of the Campaign Finance Fund
are continuously appropriated to the Secretary of State for the
purpose of operating the electronic filing system described in
ORS 260.057. + }
SECTION 2. ORS 260.232 is amended to read:
260.232. (1) The Secretary of State may impose a civil penalty
as provided in this section, in addition to any other penalty
that may be imposed, for:
(a) Failure to file a statement or certificate required to be
filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083,
260.102, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.057,
260.076, 260.078, 260.083, 260.102, 260.112 or 260.118 the
information required under ORS 260.057, 260.076, 260.083, 260.102
or 260.118.
(2)(a) If a person required to file has not filed a statement
or certificate complying with applicable provisions of ORS
260.044, 260.057, 260.076, 260.078, 260.083, 260.085, 260.102,
260.112 or 260.118 within the time specified in ORS 260.044,
260.057, 260.076, 260.078 or 260.118, the Secretary of State by
certified mail shall notify the person that a penalty may be
imposed and that the person has 20 days to request a hearing
before the Secretary of State.
(b) If the person required to file is a candidate or the
principal campaign committee of a candidate, the Secretary of
State shall send the notice described in paragraph (a) of this
subsection by certified mail to the individual who is the
candidate and by first class mail to the candidate's treasurer or
the treasurer of the candidate's principal campaign committee.
The notice sent by certified mail to the individual who is a
candidate shall be used for purposes of determining the deadline
for requesting a hearing under subsection (3) of this section.
The Secretary of State is not required to send two notices if the
candidate serves as the treasurer of the candidate's principal
campaign committee.
(3) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
Secretary of State:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the person received the notice sent under subsection (2) of
this section;
(b) Upon request of the filing officer with whom a statement or
certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State's own motion.
(4) A hearing under subsection (3) of this section shall be
held not later than 45 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
However, if requested by the person against whom the penalty may
be assessed, a hearing under subsection (3) of this section shall
be held not later than 60 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
(5) The Secretary of State shall issue an order not later than
90 days after a hearing or after the deadline for requesting a
hearing if no hearing is held.
(6) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but
instead may submit written testimony and other evidence, subject
to the penalty for false swearing, to the Secretary of State for
entry in the hearing record. The testimony and other evidence
must be received by the secretary not later than three business
days before the day of the hearing.
(7) A civil penalty imposed under this section may not be more
than the following:
(a) For failure to file a statement or certificate required to
be filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083,
260.102, 260.112 or 260.118, 10 percent of the total amount of
the contribution or expenditure required to be included in the
statement or certificate; or
(b) For each failure to include in a statement filed under ORS
260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or 260.118
the information required under ORS 260.057, 260.076, 260.083,
260.102 or 260.118, 10 percent of the total amount of the
contribution or expenditure required to be included in the
statement.
(8) The Secretary of State, upon a showing of mitigating
circumstances, may reduce the amount of the penalty described in
subsection (7) of this section.
(9) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.745.
{ + (10) All penalties recovered under this section shall be
paid into the State Treasury and credited to the Campaign Finance
Fund established under section 1 of this 2011 Act. + }
SECTION 3. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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