75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 783
LC 3421/SB 783-8
SENATE AMENDMENTS TO
SENATE BILL 783
By COMMITTEE ON RULES
June 11
On page 1 of the printed bill, line 3, after '260.054, ' insert
'260.055, 260.056,' and delete '260.112, 260.118,' and insert
'260.085, 260.112, 260.118, 260.200, 260.205,'.
In line 4, after '260.232,' insert '260.255, 260.345,'.
On page 8, line 32, after the period delete the rest of the
line and delete line 33.
On page 9, delete line 35.
On page 10, line 27, delete '260.044 and'.
On page 12, delete lines 8 through 45.
On page 13, delete lines 1 through 23 and insert:
' { + SECTION 10. + } ORS 260.083 is amended to read:
' 260.083. (1) A statement filed under ORS 260.057, 260.076 or
260.118 shall list:
' (a) Except as provided in ORS 260.085, for a contribution:
' (A) The name, occupation and address of each person, and the
name and address of each political committee { + or petition
committee + }, that contributed an aggregate amount of more than
$100 in a calendar year on behalf of a candidate or to a
political committee { + or petition committee + } and the total
amount contributed by that person or { - political - }
committee; and
' (B) The total amount of other contributions as a single item,
but shall specify how those contributions were obtained.
' (b) For an expenditure:
' (A) The amount and purpose of each expenditure made in an
aggregate amount of more than $100 to a payee, the name or, if
applicable, the business name of the payee of the expenditure,
and the city, or county if the payee is not located in a city,
and state in which the payee is located; and
' (B) The total amount of other expenditures as a single item.
' (c) Each loan, whether repaid or not, made by or to the
candidate { + , + } { - or - } political committee { + or
petition committee + }. The statement shall list:
' (A) The name and address of each person shown as a cosigner
or guarantor on a loan and the amount of the obligation
undertaken by each cosigner or guarantor;
' (B) The name of the lender holding the loan; and
' (C) The terms of the loan, including the interest rate and
repayment schedule.
' (2) { + (a) + } { - If an expenditure in an amount
exceeding $100 is a prepayment or a deposit made in consideration
for any services, supplies, equipment or other thing of value to
be performed or furnished at a future date, that portion of the
deposit that has been expended shall be listed as an expenditure
and the unexpended portion of the deposit shall be listed as an
account receivable. - } { + A contribution shall be reported as
an account receivable only if the contribution is not received
within the time specified in ORS 260.057, 260.076 or 260.118.
' (b) An expenditure shall be reported as an account payable
only if the expenditure is not paid within the time specified in
ORS 260.057, 260.076 or 260.118. + }
' (3) Anything of value paid for or contributed by any person
shall be listed as both an in-kind contribution and an
expenditure by the candidate or committee for whose benefit the
payment or contribution was made.
' (4) If a candidate, political committee or { - chief
petitioner - } { + petition committee + } under ORS 260.057 or
260.118 makes an expenditure that must be reported as an in-kind
contribution and an expenditure as provided in subsection (3) of
this section, the candidate, political committee or { - chief
petitioner - } { + petition committee + } making the original
expenditure shall, in any statement filed under ORS 260.057 or
260.118, identify the expenditure as an in-kind contribution and
identify the candidate { + , + } { - or - } political
committee { + or petition committee + } for whose benefit the
expenditure was made.
' { - (5) Expenditures made by an agent of a candidate or
political committee on behalf of the candidate or committee shall
be reported in the same manner as if the expenditures had been
made by the candidate or political committee. - }
' { - (6) - } { + (5) + } If a political committee makes an
expenditure that qualifies as an independent expenditure under
ORS 260.005
{ - (9) - } { + (10) + }, the listing of the expenditure
under this section shall identify any candidates or measures that
are the subject of the independent expenditure and state whether
the independent expenditure was used to advocate the election,
passage or defeat of the candidates or measures.
' { - (7) If a candidate, political committee, chief
petitioner under ORS 260.118 or an agent of a candidate,
political committee or chief petitioner makes an expenditure for
the purpose of paying any person money or other valuable
consideration for obtaining signatures on an initiative,
referendum or recall petition, the statement described in this
section shall list the total amount paid by the candidate,
political committee, chief petitioner or agent for the purpose of
obtaining signatures. The statement is not required to list the
name or address of any person as payee or the amount paid to any
person. - }
' { - (8)(a) A vendor who enters into a contract with a
candidate or political committee to prepare or produce brochures,
mailings, polls, other opinion research or television, radio or
newspaper advertising, or to provide mail handling and postage,
is not considered an agent of the candidate or political
committee for purposes of subsection (5) of this section. The
Secretary of State by rule may designate other specific products
or services that would qualify a vendor for an exemption from
reporting under this subsection. - }
' { - (b) Nothing in this section requires a vendor described
in this subsection to disclose the vendor's internal or
subcontracting costs for providing the specific product or
service under paragraph (a) of this subsection. - }
' { - (9) - } { + (6) + } As used in this section { + : + }
{ - , - }
' { + (a) + } 'Address' has the meaning given that term in
rules adopted by the Secretary of State.
' { + (b) 'Contribution' and 'expenditure' include a
contribution or expenditure to or on behalf of an initiative,
referendum or recall petition. + } ' .
On page 15, delete lines 39 through 45.
On page 16, delete lines 1 through 12 and insert:
' { + SECTION 13. + } ORS 260.215 is amended to read:
' 260.215. (1) For statements filed during each calendar year,
each filing officer shall examine each statement filed with the
filing officer under ORS 260.044 { - (1) - } , 260.057,
260.083, 260.102, 260.112 or 260.118 (4) to determine whether the
statement is sufficient. The filing officer shall examine
statements under this section not later than 90 days after the
end of each calendar quarter for statements filed during the
previous calendar quarter.
' (2) The filing officer may require any person to answer in
writing and upon oath or affirmation before a judge, justice of
the peace, county clerk or notary public any question within the
knowledge of that person concerning the source of any
contribution. The filing officer shall advise the person of the
penalty for failure to answer.
' (3)(a) For statements filed during each calendar year, in
addition to the requirements of { + this section and + } ORS
260.205 { - and this section - } , the Secretary of State shall
review statements filed with the secretary under ORS 260.057 by
{ - the principal campaign committees of all candidates for
nomination or election to state office - } { + a candidate,
political committee or petition committee + }. For each review,
the secretary shall require a candidate { + , + } { - or - }
treasurer of a political committee { + or treasurer of a
petition committee + } to provide documentation of not more than
{ - eight - } { + 10 + } transactions.
' (b) { + The secretary by rule shall designate a method by
which the statements filed by a candidate or committee shall be
randomly selected for review under this subsection. + } The
secretary shall review statements under this subsection { - on
a quarterly basis - } { + twice in a calendar year + }.
' { - (c) As used in this subsection, 'state office' does not
include the office of judge or district attorney. - } '.
Delete lines 24 through 45.
On page 17, delete lines 1 through 28 and insert:
' { + SECTION 15. + } 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) - } , 260.057, 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 { - (1) - } , 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 { - 30 - } { + 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
{ - 45 - } { + 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) { - $10,000 - } For failure to file a statement or
certificate required to be filed under ORS 260.044 { - (1) - }
, 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) { - $10,000 - } 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.'.
On page 22, after line 13, insert:
' { + SECTION 21. + } ORS 260.055 is amended to read:
' 260.055. (1) Each candidate, other than a candidate for
political party office, { - and - } the treasurer of each
political committee { + and the treasurer of each petition
committee + } shall keep detailed accounts. The accounts shall be
current as of not later than the seventh calendar day after the
date of receiving a contribution or making an expenditure { - ,
of - } { + with respect to + } all contributions received and
all expenditures made by or on behalf of the candidate or
{ - political - } committee that are required to be reported
under ORS 260.057, 260.076 or 260.078. Subject to ORS 260.085,
the accounts shall list all information required to be reported
under ORS 260.083.
' (2) Accounts kept by a candidate or the treasurer of a
political committee may be inspected under reasonable
circumstances at any time before the election to which the
accounts refer or during the period specified for retention of
the accounts under subsection (3) of this section by any opposing
candidate or the treasurer of any political committee for the
same electoral contest. The right of inspection may be enforced
by writ of mandamus issued by any court of competent
jurisdiction. The treasurers of political committees supporting a
candidate may be joined with the candidate as defendants in a
mandamus proceeding.
' (3) Accounts kept by a candidate or treasurer shall be
preserved by the candidate or treasurer for at least two years
after the date { - of the election to which the accounts refer
or at least two years after the date the last statement is filed
under ORS 260.057, whichever is later - } { + the statement of
the contribution or expenditure is filed under ORS 260.057 + }.
' { + (4)(a) Before the last statement is filed under ORS
260.057, a candidate, political committee or petition committee
shall file with the Secretary of State a notice of intent to
discontinue the statement of organization of the candidate or
committee and close accounts. Upon receipt of the notice, the
secretary shall examine each statement filed by the candidate or
committee under ORS 260.044, 260.057, 260.083, 260.102, 260.112
or 260.118 to determine whether the statement is sufficient.
' (b) Except as provided in paragraph (c) of this subsection,
not later than 90 days after receipt of the notice of intent, the
secretary shall notify the candidate, political committee or
petition committee that the statements are sufficient or that a
statement is insufficient or otherwise may violate a law or rule.
The notice shall include a description of the provisions of ORS
260.407.
' (c) If, after a candidate, political committee or petition
committee files a notice of intent to discontinue the statement
of organization of the candidate or committee and close accounts,
the candidate or committee files a statement under ORS 260.044,
260.057, 260.083, 260.102, 260.112 or 260.118, the secretary has
an additional 90 days following the date the statement is filed
to examine each statement and send a notification described in
paragraph (b) of this subsection.
' (d) When a candidate, political committee or petition
committee files the last statement under ORS 260.057, the
secretary shall conduct a final review. If the secretary
determines that all statements filed are sufficient, the
secretary shall notify the candidate, political committee or
petition committee. Upon receipt of the notice, the candidate or
committee may discontinue the statement of organization of the
candidate, political committee or petition committee and close
accounts. + }
' { + SECTION 22. + } ORS 260.205 is amended to read:
' 260.205. (1) A filing officer shall inspect each statement
filed under ORS 260.057, 260.083, 260.102, 260.112 or 260.118 not
later than the 10th business day after the filing deadline or the
10th business day after the statement is filed, whichever is
later.
' (2) A filing officer immediately shall notify a person
required to file a statement with the filing officer under ORS
260.057, 260.083, 260.102, 260.112 or 260.118 if:
' (a) Upon examination of relevant materials, it appears to the
filing officer that the person has failed to file a required
statement or that a statement filed with the filing officer by
the person is insufficient; or
' (b) A complaint is filed with the filing officer under
subsection (3) of this section.
' (3) An elector may file with a filing officer a complaint
that a statement filed with the filing officer is insufficient or
that a person has failed to file a required statement. The
complaint shall be in writing, shall state in detail the reasons
for complaint and shall be filed with the filing officer not
later than the 90th day after the date the statement of which it
complains is filed or should have been filed.
' { + (4) If upon receiving notification under subsection (2)
of this section a person responds by filing a statement or
submitting information to correct an insufficient statement, the
filing officer shall confirm whether the person's response is
sufficient not later than 90 days after receiving the response.
If, within 90 days, the filing officer does not confirm whether a
response is sufficient under this subsection, the person is not
subject to civil penalty under ORS 260.232 for failure to file or
failure to include the required information in the statement. + }
' { + SECTION 23. + } ORS 260.345 is amended to read:
' 260.345. (1) Any elector may file with any filing officer a
written complaint alleging that a violation of an election law or
rule adopted by the Secretary of State under ORS chapters 246 to
260 has occurred and stating the reason for believing that the
violation occurred and any evidence relating to it. A complaint
alleging a violation involving the Secretary of State, a
candidate for the office of Secretary of State, or any political
committee or person supporting the Secretary of State or a
candidate for the office of Secretary of State may be filed with
the Attorney General. The Secretary of State or Attorney General
shall not accept an anonymous complaint.
' (2) The Secretary of State by rule shall prescribe the
procedure for processing a complaint filed with any person other
than the Secretary of State. If the complaint concerns the
Secretary of State, any candidate for the office of the Secretary
of State, or any political committee or person supporting the
candidacy of the Secretary of State or of another person for the
office of Secretary of State, the complaint and any additional
information relating to the complaint shall be sent to the
Attorney General.
' (3) Upon receipt of a complaint under subsection (1) or (2)
of this section the Secretary of State or Attorney General
immediately shall examine the complaint to determine whether a
violation of an election law or rule has occurred and shall make
any investigation the Secretary of State or Attorney General
considers necessary. Except as provided in this subsection,
within 48 hours of receiving a complaint under subsection (1) or
(2) of this section, the Secretary of State or Attorney General
shall notify the person who is the subject of the complaint that
a complaint has been received. If the Secretary of State or
Attorney General receives a complaint or complaints involving 25
or more individuals { + , + } { - or - } political committees
{ + or petition committees + } in any 24-hour period, the
Secretary of State or Attorney General need not notify the
persons who are the subjects of those complaints within 48 hours
of receiving the complaints but shall notify those persons not
later than 10 business days after receiving the complaint or
complaints.
' (4) If the Secretary of State believes after an investigation
under subsection (3) of this section that a violation of an
election law or rule has occurred, the secretary:
' (a) In the case of a violation that is subject to a penalty
under ORS 260.993, immediately shall report the findings to the
Attorney General and request prosecution. If the violation
involves the Attorney General, a candidate for that office or a
political committee or person supporting or opposing the Attorney
General or a candidate for that office, the Secretary of State
shall appoint another prosecutor for that purpose; or
' (b) In the case of a violation not subject to a penalty under
ORS 260.993, may impose a civil penalty under ORS 260.995.
' (5) Upon receipt of a complaint or report under subsection
(1), (2) or (4) of this section involving an alleged violation
subject to a penalty under ORS 260.993, the Attorney General or
other prosecutor immediately shall examine the complaint or
report to determine whether a violation of an election law has
occurred. If the Attorney General or prosecutor determines that
a violation has occurred, the Attorney General or prosecutor
immediately shall begin prosecution in the name of the state. The
Attorney General or other prosecutor shall have the same powers
in any county of this state as the district attorney for the
county.
' (6) Upon receipt of a complaint under subsection (1) or (2)
of this section involving an alleged violation of an election law
or rule not subject to a penalty under ORS 260.993, the Attorney
General shall examine the complaint to determine whether a
violation of an election law or rule has occurred and shall make
any investigation the Attorney General considers necessary. If
the Attorney General believes after an investigation that a
violation of an election law or rule has occurred, the Attorney
General may impose a civil penalty under ORS 260.995.
' (7) In the case of an alleged violation subject to a civil
penalty under ORS 260.995, a complaint shall be filed by an
elector under this section no later than 90 days following the
election at which a violation of an election law or rule is
alleged to have occurred, or 90 days following the date the
violation of an election law or rule is alleged to have occurred,
whichever is later.
' (8) A filing officer having reason to believe that a
violation of an election law or rule has occurred shall proceed
promptly as though the officer had received a complaint.
{ + Except as provided in section 25 of this 2009 Act, + } a
filing officer shall proceed under this subsection no later than
two years following the election at which a violation of an
election law or rule is alleged to have occurred, or two years
following the date the violation of an election law or rule is
alleged to have occurred, whichever is later. If a filing officer
has not proceeded within two years because of fraud, deceit,
misleading representation or the filing officer could not have
reasonably discovered the alleged violation, the filing officer
shall proceed no later than five years following the election at
which a violation of an election law or rule is alleged to have
occurred, or five years following the date the violation of an
election law or rule is alleged to have occurred, whichever is
later.
' { + SECTION 24. + } { + Sections 25 and 26 of this 2009
Act are added to and made a part of ORS chapter 260. + }
' { + SECTION 25. + } { + (1) A filing officer having reason
to believe that a violation of an election law or rule for which
a civil penalty may be imposed under ORS 260.232 has occurred
shall proceed promptly as though the officer had received a
complaint under ORS 260.345 and, not later than two years
following the date the violation is alleged to have occurred,
shall:
' (a) Determine whether a violation occurred; and
' (b) If a penalty is to be imposed, notify the person alleged
to have committed the violation in the manner described in ORS
260.232 (2).
' (2) Not later than 90 calendar days after receiving payment
for a penalty imposed under ORS 260.232 or receiving other
information in response to a notification under subsection (1) of
this section, the Secretary of State shall send a notice to the
person stating whether the response or payment received is
sufficient. + }
' { + SECTION 26. + } { + (1) If a candidate, political
committee or petition committee receives updated information that
an in-kind contribution received from another candidate,
political committee or petition committee reported in a statement
filed under ORS 260.057, 260.076 or 260.118 is inaccurate or
otherwise insufficient, the candidate, political committee or
petition committee that received the in-kind contribution shall,
without penalty, file an updated statement with the Secretary of
State:
' (a) Not later than the date that the statement is required to
be filed under ORS 260.057, 260.076 or 260.118; or
' (b) If the filing deadline has passed, not later than 30
calendar days after the candidate, political committee or
petition committee received the updated information.
' (2) This section does not apply to a candidate, political
committee or petition committee that knew or reasonably should
have known that the information reported in the statement
originally filed under ORS 260.057, 260.076 or 260.118 was
inaccurate or insufficient at the time of filing. + }
' { + SECTION 27. + } ORS 260.056 is amended to read:
' 260.056. (1) A loan made by or to a candidate { + , + }
{ - or - } political committee { + or petition committee + }
must be by written agreement.
' (2) A candidate { + , + } { - or - } political committee
{ + or petition committee + } shall keep a copy of any written
loan agreement with the detailed accounts of the candidate or
{ - political - } committee required under ORS 260.055.
' (3) Notwithstanding ORS 260.055, a candidate { + , + }
{ - or - } political committee { + or petition committee + }
shall preserve a written loan agreement until the loan is repaid.
' { + SECTION 28. + } ORS 260.085, as amended by section 4,
chapter 41, Oregon Laws 2008, is amended to read:
' 260.085. (1) An account required by ORS 260.055 and a
statement required by ORS 260.083 to list the occupation of a
contributor must list the occupation of the contributor in the
account and on the first statement filed under ORS 260.057 or
260.076 after the contribution is received if the occupation is
known to the candidate { + , + } { - or - } political
committee { + or petition committee + } filing the statement.
' (2) If an account required by ORS 260.055 or a statement
required by ORS 260.083 to list the occupation of a contributor
does not list the occupation of the contributor as required by
ORS 260.055 or on the first statement filed under ORS 260.057 or
260.076 after the contribution is received, the
candidate { + , + } { - or - } political committee { + or
petition committee + } shall file with the account and with the
statement filed under ORS 260.057 documentation of a written
request to the contributor to furnish the contributor's
occupation.
' (3) If a candidate { + , + } { - or - } political
committee { + or petition committee + } receives a contribution
that does not identify the occupation of the contributor, the
candidate or { - political - } committee shall make a written
request to the contributor to furnish the occupation of the
contributor within seven calendar days after receiving the
contribution. A written request under this subsection may be sent
by electronic mail.
' (4) If a candidate { + , + } { - or - } political
committee { + or petition committee + } receives information
identifying the occupation of a contributor after making a
written request under subsection (3) of this section, the
candidate or { - political - } committee, within seven
calendar days after receiving the information, shall include the
contributor's occupation in the account kept under ORS 260.055
and in the contributor's entry filed under ORS 260.057.
' { + SECTION 29. + } ORS 260.200 is amended to read:
' 260.200. The Secretary of State by rule shall:
' (1) Prescribe a uniform system for accounts required by ORS
260.055.
' (2) Prescribe forms for statements and other information
required under this chapter to be filed with filing officers, and
furnish those forms to persons required to file those statements
and other information.
' (3) Prescribe materials, including financial institution
account statements and copies of checks, that a
candidate { + , + } { - or - } political committee { + or
petition committee + } must retain or provide to the secretary
for purposes of administering or enforcing the provisions of this
chapter. The secretary shall prescribe personal or confidential
information that is not required to be disclosed under this
subsection.
' { + SECTION 30. + } ORS 260.255 is amended to read:
' 260.255. (1) Except as provided in subsection (2) of this
section, a filing officer shall preserve each statement filed
with the officer under ORS 260.057, 260.076, 260.083, 260.102,
260.112 or 260.118, or an accurate copy of it, for at least six
calendar years.
' (2) The Secretary of State shall maintain all data filed
electronically under ORS 260.057 on the Internet for at least six
calendar years after the date the secretary first makes the data
available. After six calendar years, if the data are not
maintained on the Internet, the secretary shall { - archive the
data in a secure format so that the data are available to the
public. This subsection does not apply to data that may not be
made available to the public under ORS 260.057 (6)(b). - }
{ + retain and dispose of the data in a manner prescribed by the
State Archivist. The State Archivist shall consider the value of
the data for legal, administrative or research purposes and shall
establish rules for procedures for the retention and disposition
of data described in this section. + } ' .
In line 14, delete '21' and insert '31'.
In line 24, delete '22' and insert '32'.
After line 34, insert:
' (6) The amendments to ORS 260.055 (3) by section 21 of this
2009 Act apply to statements filed before, on or after January 1,
2010.
' (7) The amendments to ORS 260.205 by section 22 of this 2009
Act apply to notifications sent by a filing officer on or after
January 1, 2010.
' (8) Section 25 of this 2009 Act and the amendments to ORS
260.345 by section 23 of this 2009 Act apply to violations of
provisions of ORS chapter 260 occurring on or after January 1,
2010.
' (9) Section 26 of this 2009 Act applies to information
received by a candidate, political committee or treasurer of a
petition committee on or after January 1, 2010.
' (10) The amendments to ORS 260.255 by section 30 of this 2009
Act apply to data retained by the Secretary of State on and after
January 1, 2010.'.
In line 35, delete '(6)' and insert '(11)'.
In line 39, delete '(7)' and insert '(12)'.
Delete line 45.
On page 23, delete lines 1 through 3 and insert:
' { + SECTION 33. + } { + Sections 25 and 26 of this 2009
Act and the amendments to ORS 249.865, 260.005, 260.039, 260.041,
260.042, 260.043, 260.044, 260.054, 260.055, 260.056, 260.057,
260.083, 260.085, 260.112, 260.118, 260.200, 260.205, 260.215,
260.225, 260.232, 260.255, 260.345, 260.402, 260.407, 260.737 and
260.995 by sections 1 to 8, 10 to 23 and 27 to 30 of this 2009
Act become operative on January 1, 2010. + } ' .
In line 4, delete '24' and insert '34'.
After line 9, insert:
' { + SECTION 35. + } { + The State Archivist may take any
action before January 1, 2010, that is necessary to enable the
State Archivist to exercise, on and after January 1, 2010, all
the duties, functions and powers conferred upon the State
Archivist by the amendments to ORS 260.255 by section 30 of this
2009 Act. + } ' .
In line 10, delete '25' and insert '36'.
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