Bill Text: OR HB4152 | 2012 | Regular Session | Introduced
Bill Title: Relating to campaign finance reporting; declaring an emergency.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4152 Detail]
Download: Oregon-2012-HB4152-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 265 House Bill 4152 Sponsored by Representative MATTHEWS; Representatives DOHERTY, FREDERICK, HARKER, KENY-GUYER (Presession filed.) 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. Requires campaign finance statement to be filed within two calendar days if contribution or expenditure exceeding $1,000 is received or made during 14-day period immediately preceding election. Changes filing deadline for statements from seven days to 14 days after contribution is received or expenditure is made during period beginning 42 days before election. Becomes operative September 19, 2012. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to campaign finance reporting; creating new provisions; amending ORS 260.057 and 260.118; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 260.057 is amended to read: 260.057. (1) The Secretary of State by rule shall adopt an electronic filing system to be used by: (a) All candidates and political committees to file with the secretary statements of contributions received and expenditures made by the candidates and political committees, as described in ORS 260.083. (b) Treasurers of a petition committee organized under ORS 260.118 to file with the secretary statements of contributions received and expenditures made by the treasurers and chief petitioners as described in ORS 260.083. { + (2) Except as otherwise provided in this section, a candidate or political committee shall file a statement described in subsection (1) of this section not later than 30 calendar days after a contribution is received or an expenditure is made. + } { - (2)(a) - } { + (3)(a) Except as provided in subsection (4) of this section, + }a candidate for nomination or election at any primary or general election or a political committee supporting or opposing a candidate or measure at any primary or general election shall file a statement described in subsection (1) of this section not later than { - seven - } { + 14 + } calendar days after a contribution is received or an expenditure is made. This paragraph applies to contributions received and expenditures made { + : (A) + } During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election { + ; + } and { + (B) During + } the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election. { + (b) If the candidate or political committee receives a contribution or makes an expenditure prior to the 42nd calendar day before the date of the primary or general election and the candidate or political committee has not filed a statement of the contribution or expenditure under subsection (2) of this section by the 43rd calendar day before the date of the primary or general election, the candidate or political committee shall file a statement described in subsection (1) of this section not later than the 28th calendar day before the date of the primary or general election. + } { - (b) For any special election, the secretary by rule may establish a period during which a candidate for nomination or election at the special election or a political committee supporting or opposing a candidate or measure at the special election must file a statement described in subsection (1) of this section not later than seven calendar days after a contribution is received or an expenditure is made. - } { - (3) Except as provided in subsection (4) of this section, during a period not described in subsection (2) of this section, a candidate or political committee shall file a statement described in subsection (1) of this section not later than 30 calendar days after a contribution is received or an expenditure is made. - } { - (4)(a) If a candidate for nomination or election at any primary election or a political committee supporting or opposing a candidate or measure at any primary election receives a contribution or makes an expenditure prior to the 42nd calendar day before the date of the primary election and the candidate or political committee has not filed a statement of the contribution or expenditure under subsection (3) of this section by the 43rd calendar day before the date of the primary election, the candidate or political committee shall file a statement described in subsection (1) of this section not later than the 35th calendar day before the date of the primary election. - } { - (b) If a candidate for nomination or election at any general election or a political committee supporting or opposing a candidate or measure at any general election receives a contribution or makes an expenditure prior to the 42nd calendar day before the date of the general election and the candidate or political committee has not filed a statement of the contribution or expenditure under subsection (3) of this section by the 43rd calendar day before the date of the general election, the candidate or political committee shall file a statement described in subsection (1) of this section not later than the 35th calendar day before the date of the general election. - } { + (4)(a) A candidate for nomination or election at any primary or general election or a political committee supporting or opposing a candidate or measure at any primary or general election shall file a statement described in subsection (1) of this section not later than two calendar days after a contribution is received or an expenditure is made if the contribution or expenditure exceeds $1,000. This paragraph applies to contributions received and expenditures made: (A) During the period beginning on the 14th calendar day before the date of any primary election and ending on the date of the primary election; and (B) During the period beginning on the 14th calendar day before the date of any general election and ending on the date of the general election. (b) If the candidate or political committee receives a contribution or makes an expenditure in excess of $1,000 prior to the 14th calendar day before the date of the primary or general election and the candidate or political committee has not filed a statement of the contribution or expenditure under subsection (3) of this section by the 15th calendar day before the date of the primary or general election, the candidate or political committee shall file a statement described in subsection (1) of this section not later than the 12th calendar day before the date of the primary or general election. (5) For any special election, the secretary by rule may establish a period during which a candidate for nomination or election at the special election or a political committee supporting or opposing a candidate or measure at the special election must file a statement described in subsection (1) of this section. The period may not extend beyond: (a) 14 calendar days after a contribution is received or an expenditure is made; and (b) Two calendar days after a contribution is received or an expenditure is made, if the contribution or expenditure exceeds $1,000. + } { - (5) - } { + (6) + } The electronic filing system shall be provided free of charge by the secretary and: (a) Accept electronic files that conform to the format prescribed by the secretary by rule; or (b) Be compatible with any other electronic filing application provided or approved by the secretary. { - (6)(a) - } { + (7)(a) + } Except as provided in paragraph (b) of this subsection, the secretary shall make all data filed electronically under this section and ORS 260.118 and all information filed with the secretary under ORS 260.045, 260.049, 260.085 or 260.102 available on the Internet to the public free of charge according to a schedule adopted by the secretary by rule. The secretary shall make the data available in a searchable database that is easily accessible by the public. When the secretary makes data or information available on the Internet under this subsection, the secretary shall display any contribution received from a person or political committee with an out-of-state address in a different colored font than a contribution received from a person or political committee with an in-state address. (b) The secretary may not make data that are filed electronically under this section or ORS 260.118 available to the public under this section, unless the data are required to be listed under ORS 260.083. The secretary may not disclose under ORS 192.410 to 192.505 any data that are filed electronically under this section or ORS 260.118, unless the data are required to be listed under ORS 260.083. { - (7)(a) - } { + (8)(a) + } Except as provided in paragraph (b) of this subsection, each statement required by this section shall be signed and certified as true by the candidate or treasurer required to file it. Signatures shall be supplied in the manner specified by the secretary by rule. (b) A candidate or treasurer may designate an individual to sign and certify as true a statement required by this section. The designation must be filed in writing with the secretary and must be renewed for each two-year period beginning January 1 of an even-numbered year. { - (8) - } { + (9) + } This section does not apply to: (a) Candidates for federal office; (b) Candidates who are not required to file a statement of organization under ORS 260.043; or (c) Candidates, political committees or petition committees that file certificates under ORS 260.112. SECTION 2. ORS 260.118 is amended to read: 260.118. (1) The chief petitioners of an initiative, referendum or recall petition shall appoint a treasurer. The treasurer shall be an elector of this state. Contributions shall be received and expenditures made by or through the treasurer. (2) The treasurer shall file a statement of organization of a petition committee with the appropriate filing officer. The treasurer shall file the statement not later than the third business day after a chief petitioner or the treasurer receives a contribution or makes an expenditure relating to the initiative, referendum or recall petition. The statement shall include: (a) The name and address of the chief petitioners. (b) The name and address of the treasurer appointed under subsection (1) of this section. (c) A designation of the initiative, referendum or recall petition. The designation of the recall petition shall include the name of the officer whose recall is demanded. (d) The name of the financial institution in which the petition account required under ORS 260.054 is established, the name and number of the account, the name of the account holder and the names of all individuals who have signature authority for the account. The Secretary of State may not disclose information received by the secretary under this paragraph except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260. (3) If there is a change in the information submitted in a statement of organization under subsection (2) of this section, the treasurer shall file an amended statement of organization not later than the 10th day after the change in information. (4) The treasurer of an initiative, referendum or recall petition committee shall use the electronic filing system adopted under ORS 260.057 to file with the Secretary of State statements of contributions received and expenditures made by the petition committee, as described in ORS 260.083. (5) The treasurer of an initiative petition committee shall file a statement described in subsection (4) of this section not later than { - seven - } { + 14 + } calendar days after a contribution is received or an expenditure is made. This subsection applies to contributions received and expenditures made: (a) During the period beginning on the 42nd calendar day before the date that is four months before a general election and ending on the date that is four months before a general election; and (b) During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election and the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election. (6) The treasurer of a referendum petition committee or a recall petition committee shall file a statement described in subsection (4) of this section not later than { - seven - } { + 14 + } calendar days after a contribution is received or an expenditure is made. This subsection applies: (a) For a referendum petition committee, to contributions received and expenditures made during the period beginning on the date the treasurer is appointed under subsection (1) of this section and ending on the deadline for submitting signatures for verification; and (b) For a recall petition committee, to contributions received and expenditures made during the period beginning on the day after the date on which the statement of contributions received and expenditures made that is required under ORS 249.865 is filed and ending on the deadline for submitting signatures for verification. (7) Except as provided in subsection (8) of this section, during a period not described in subsection (5) or (6) of this section, a treasurer of an initiative, referendum or recall petition committee shall file a statement described in subsection (4) of this section not later than 30 calendar days after a contribution is received or an expenditure is made. (8) If a treasurer of an initiative petition committee receives a contribution or makes an expenditure prior to the 42nd calendar day before the date that is four months before a general election, or the 42nd day before the date of the primary election or general election, and the treasurer has not filed a statement of the contribution or expenditure under subsection (4) of this section by the 43rd calendar day before the date that is four months before a general election, or the 43rd day before the date of the primary election or general election, the treasurer shall file a statement described in subsection (4) of this section not later than the { - 35th - } { + 28th + } calendar day before the date that is four months before a general election, or the { - 35th - } { + 28th + } day before the date of the primary election or general election. (9) For an initiative petition committee, the accounting period for the first statement filed under this section begins on the date the treasurer is appointed under subsection (1) of this section. (10) Each statement required under this section shall be signed and certified as true by the treasurer. Signatures shall be supplied in the manner specified by the secretary by rule. (11) Subsections (4) to (10) of this section do not apply to petition committees that file certificates under ORS 260.112. (12) As used in this section, 'contribution' and ' expenditure' include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition. SECTION 3. { + The amendments to ORS 260.057 and 260.118 by sections 1 and 2 of this 2012 Act become operative on September 19, 2012. + } SECTION 4. { + (1) The amendments to ORS 260.057 and 260.118 by sections 1 and 2 of this 2012 Act apply to contributions received or expenditures made on or after September 19, 2012. (2) The Secretary of State may take any action before the operative date specified in section 3 of this 2012 Act that is necessary to enable the secretary to exercise, on and after the operative date specified in section 3 of this 2012 Act, all of the duties, functions and powers conferred upon the secretary by the amendments to ORS 260.057 and 260.118 by sections 1 and 2 of this 2012 Act. + } SECTION 5. { + This 2012 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2012 Act takes effect on its passage. + } ----------