72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 498
 
                         Senate Bill 132
 
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 Secretary of State Bill
  Bradbury)
 
 
                             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.
 
  Increases maximum amount of civil penalty for each violation of
election laws or rules adopted under election laws from $250 to
$1,000.
 
                        A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
  260.995.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 260.995 is amended to read:
  260.995. (1)   { - Except as provided in subsection (2) of this
section, - }  Following an investigation under ORS 260.345, the
Secretary of State or Attorney General may impose a civil penalty
not to exceed   { - $250 - }   { + $1,000 + } for each violation
of any provision of Oregon Revised Statutes relating to the
conduct of any election, any rule adopted by the Secretary of
State under ORS chapters 246 to 260 or any other matter
preliminary to or relating to an election, for which no penalty
is otherwise provided.
    { - (2) The Secretary of State or the Attorney General may
impose a civil penalty not to exceed $1,000 for each violation of
ORS 251.049 (3) or 251.405 (3). - }
    { - (3) - }   { + (2) + } Except as otherwise provided by
this section, civil penalties under this section shall be imposed
as provided in ORS 183.090. In addition to the requirements of
ORS 183.090, the notice shall include:
  (a) A statement of the authority and jurisdiction under which
the hearing is to be held; and
  (b) If the person is an agency, corporation or an
unincorporated association, a statement that such person must be
represented by an attorney licensed in Oregon, unless the person
is a political committee which may be represented by any officer
identified in the most recent statement of organization filed
with the filing officer.
    { - (4) - }   { + (3) + } A hearing on whether to impose a
civil penalty and to consider circumstances in mitigation shall
be held by the Secretary of State or Attorney General:
 
  (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 date the person received notice sent under subsection
  { - (3) - }   { + (2) + } of this section; or
  (b) Upon the Secretary of State's or Attorney General's own
motion.
    { - (5) - }   { + (4) + } 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, sworn to before a notary public, to the Secretary of
State or Attorney General for entry in the hearing record. Such
documents must be received by the Secretary of State or Attorney
General not later than three business days before the day of the
hearing.
    { - (6) - }   { + (5) + } All hearings under 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   { - (4) - }
 { + (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.
    { - (7) - }   { + (6) + } The Secretary of State or Attorney
General 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.
    { - (8) - }   { + (7) + } Except as provided in this
subsection, all penalties recovered under this section shall be
paid into the State Treasury and credited to the General Fund. A
penalty that is recovered from a person who violated ORS 260.432
(1) or from a public employee who violated ORS 260.432 (2) shall
be remitted as follows:
  (a) If the public employee involved is an employee of the state
or any of its agencies or institutions, the penalty shall be paid
into the State Treasury and credited to the General Fund.
  (b) If the public employee involved is an employee of a city,
county or other political subdivision, the penalty shall be paid
to the city, county or other political subdivision.
  SECTION 2.  { + The amendments to ORS 260.995 by section 1 of
this 2003 Act apply to civil penalties imposed for violations
that occur on or after the effective date of this 2003 Act. + }
                         ----------