71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1937
House Bill 2654
Sponsored by Representatives HASS, KNOPP, Senators COURTNEY,
DUNCAN
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 limits on amount of political contributions made to
candidate for statewide office and legislative office. Limits
contributions to candidate for statewide office to $1,000 from
individual and $5,000 from other person or political committee
per election. Limits contributions to candidate for legislative
office to $500 from individual and $1,000 from other person or
political committee per election. Specifies rules for
contributions by affiliated political committees and persons.
Prohibits contributions to members of Legislative Assembly
during session of Legislative Assembly.
Specifies that Act takes effect only if House Joint Resolution
20 (2001) is approved by people at special election held on date
specified in section 2, chapter ___, Oregon Laws 2001 (Enrolled
House Bill 2653), or next regular general election.
A BILL FOR AN ACT
Relating to election campaign finance; creating new provisions;
amending ORS 260.232; repealing ORS 260.174; and prescribing an
effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 6 of this 2001 Act are added to
and made a part of ORS chapter 260. + }
SECTION 2. { + (1) As used in this section, 'with respect to a
single election' means, in the case of a contribution to a
candidate for public office:
(a) The next election for nomination or election to public
office, other than national or political party office, after the
contribution is made and includes any contribution made before
the 21st day after the election; or
(b) In the case of a contribution made 21 or more days after an
election and designated in writing by the contributor for a
previous election, the election so designated. A contribution may
be designated for a previous election under this subsection if
the contribution does not exceed the expenditure deficit of the
candidate or the principal campaign committee of the candidate
receiving the contribution.
(2) With respect to a single election, an individual may not
contribute an aggregate amount exceeding:
(a) $1,000 to a candidate or the principal campaign committee
of a candidate for nomination or election to the office of
Governor, Secretary of State, State Treasurer, Superintendent of
Public Instruction, Attorney General, Commissioner of the Bureau
of Labor and Industries or judge of the Supreme Court, Court of
Appeals or Oregon Tax Court.
(b) $500 to a candidate or the principal campaign committee of
a candidate for nomination or election to the office of state
Senator or state Representative.
(3) With respect to a single election, a person, other than an
individual, or political committee may not contribute an
aggregate amount exceeding:
(a) $5,000 to a candidate or the principal campaign committee
of a candidate for nomination or election to the office of
Governor, Secretary of State, State Treasurer, Superintendent of
Public Instruction, Attorney General, Commissioner of the Bureau
of Labor and Industries or judge of the Supreme Court, Court of
Appeals or Oregon Tax Court.
(b) $1,000 to a candidate or the principal campaign committee
of a candidate for nomination or election to the office of state
Senator or state Representative.
(4) A candidate or the principal campaign committee of a
candidate shall not accept a contribution in excess of the limits
contained in this section.
(5) Nothing in this section shall limit the amount a candidate
may contribute from the candidate's personal funds to the
candidate or the candidate's principal campaign committee. + }
SECTION 3. { + (1) Except as provided in subsection (2) of
this section, the Secretary of State or the Attorney General may
impose a civil penalty in the manner provided in ORS 260.995 for
each violation of section 2 of this 2001 Act.
(2) The Secretary of State or Attorney General shall impose a
civil penalty not to exceed the greater of $1,000 or three times
the amount in excess of the limit specified in section 2 of this
2001 Act.
(3) If a candidate or the principal campaign committee of a
candidate violates any provision of section 2 of this 2001 Act,
the candidate shall be personally liable for the penalty imposed
under this section. If a political committee, other than a
principal campaign committee, violates any provision of section 2
of this 2001 Act, the directors of the political committee shall
be jointly and severally liable for any penalty imposed under
this section. + }
SECTION 4. { + (1) An expenditure not qualifying as an
independent expenditure shall be considered an in-kind
contribution to the candidate or the principal campaign committee
of the candidate and an expenditure by the candidate or the
principal campaign committee of the candidate.
(2) For purposes of the contribution limitations established by
section 2 of this 2001 Act, the amount of an expenditure not
qualifying as an independent expenditure shall count against the
contribution limits of the person or political committee making
the expenditure.
(3) A person, including a candidate, or political committee
shall not report an expenditure as an independent expenditure if
the expenditure does not qualify as an independent expenditure
under ORS 260.005. + }
SECTION 5. { + For purposes of the contribution limits
contained in section 2 of this 2001 Act:
(1) All political committees established by the same
corporation or its subsidiaries are treated as a single political
committee;
(2) All political committees established by the same labor
organization are treated as a single political committee;
(3) All political committees established by the same political
party are treated as a single political committee;
(4) All political committees established by substantially the
same group of persons are treated as a single political
committee; and
(5) Contributions shall be considered to be made by the same
person if made by any parent, subsidiary, branch, division,
department or local unit of the person. + }
SECTION 6. { + (1) A member of the Legislative Assembly shall
not attempt to receive or to solicit, or receive or solicit, a
contribution to the member or the member's principal campaign
committee from any person or political committee during the
period beginning on the first day of a regular biennial session
of the Legislative Assembly and ending upon adjournment of the
regular biennial session of the Legislative Assembly, or during
any special session of the Legislative Assembly.
(2) A person or political committee, during the period
beginning on the first day of a regular biennial session of the
Legislative Assembly and ending upon adjournment of the regular
biennial session of the Legislative Assembly, or during any
special session of the Legislative Assembly, shall not attempt to
make or promise to make, or make or promise to make, a
contribution to a member of the Legislative Assembly or to the
member's principal campaign committee.
(3) Nothing in this section shall prohibit a member of the
Legislative Assembly from making a contribution as an individual
from the individual's personal funds to the same member or the
member's principal campaign committee. + }
SECTION 7. 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 (1), 260.058, 260.063, 260.068, 260.073,
260.083, 260.102, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.058,
260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118
the information required under ORS 260.083, 260.102 or 260.118.
(c) Violation of { - ORS 260.174 - } { + section 6 of this
2001 Act + }.
(2) If a person required to file has not filed a statement or
certificate complying with applicable provisions of ORS 260.044
(1), 260.058, 260.063, 260.068, 260.073, 260.078, 260.083,
260.085, 260.102, 260.112 or 260.118 within the time specified in
ORS 260.058, 260.063, 260.068, 260.073, 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. 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 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 30 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 45 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. Such documents 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 shall be not
more than:
(a) $10,000 for failure to file a statement or certificate
required to be filed under ORS 260.044 (1), 260.058, 260.063,
260.068, 260.073, 260.083, 260.102, 260.112 or 260.118;
(b) $10,000 for each failure to include in a statement filed
under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102,
260.112 or 260.118 the information required under ORS 260.083,
260.102 or 260.118; or
(c) $1,000 for each violation of { - ORS 260.174 - } { +
section 6 of this 2001 Act + }.
(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
183.090.
SECTION 8. { + Sections 2 to 6 of this 2001 Act apply to
contributions made on or after the effective date of this 2001
Act. + }
SECTION 9. { + ORS 260.174 is repealed. + }
SECTION 10. { + This 2001 Act does not take effect unless the
amendment to the Oregon Constitution proposed by House Joint
Resolution 20 (2001), amending section 8, Article II of the
Oregon Constitution, is approved by the people at a special
election held throughout this state on the date specified in
section 2, chapter ___ , Oregon Laws 2001 (Enrolled House Bill
2653), or at the next regular general election held throughout
this state. This 2001 Act takes effect on the effective date of
that constitutional amendment. + }
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