Bill Text: OR SB270 | 2011 | Regular Session | Engrossed

---

Bill Title: Relating to campaign finance reporting.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB270 Detail]

Download: Oregon-2011-SB270-Engrossed.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 2791

                           A-Engrossed

                         Senate Bill 270
                Ordered by the Senate February 28
          Including Senate Amendments dated February 28

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.

   { +  Modifies definition of 'contribution' for purposes
related to campaign finance regulation.
  Eliminates requirement that candidate or political committee,
or chief petitioners of initiative, referendum or recall
petition, disclose bank account number when filing statement of
organization. + }
  Modifies provisions related to assessment of campaign finance
penalties.
    { - Declares emergency, effective on passage. - }

                        A BILL FOR AN ACT
Relating to campaign finance reporting; creating new provisions;
  and amending ORS 260.005, 260.039, 260.042, 260.083, 260.118
  and 260.232.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 260.005 is amended to read:
  260.005. As used in this chapter:
  (1)(a) 'Candidate' means:
  (A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual's
consent, for nomination or election to public office;
  (B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made, and whether or
not the name of the individual is printed on a ballot; or

  (C) A public office holder against whom a recall petition has
been completed and filed.
  (b) For purposes of this section and ORS 260.035 to 260.156, '
candidate' does not include a candidate for the office of
precinct committeeperson.
  (2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
The officers of a political party shall be considered the
directors of any political party committee of that party, unless
otherwise provided in the party's bylaws.
  (3) Except as provided in ORS 260.007, 'contribute' or '
contribution' includes:
  (a) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of
money, services other than personal services for which no
compensation is asked or given, supplies, equipment or any other
thing of value:
  (A) For the purpose of influencing an election for public
office or an election on a measure, or of reducing the debt of a
candidate for nomination or election to public office or the debt
of a political committee; or
  (B) To or on behalf of a candidate, political committee or
measure; { +  and + }
    { - (b) Any unfulfilled pledge, subscription, agreement or
promise, whether or not legally enforceable, to make a
contribution; and - }
    { - (c) - }  { +  (b) + } The excess value of a contribution
made for compensation or consideration of less than equivalent
value.
  (4) 'Controlled committee' means a political committee that, in
connection with the making of contributions or expenditures:
  (a) Is controlled directly or indirectly by a candidate or a
controlled committee; or
  (b) Acts jointly with a candidate or controlled committee.
  (5) 'Controlled directly or indirectly by a candidate ' means:
  (a) The candidate, the candidate's agent, a member of the
candidate's immediate family or any other political committee
that the candidate controls has a significant influence on the
actions or decisions of the political committee; or
  (b) The candidate's principal campaign committee and the
political committee both have the candidate or a member of the
candidate's immediate family as a treasurer or director.
  (6) 'County clerk' means the county clerk or the county
official in charge of elections.
  (7) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
  (8) Except as provided in ORS 260.007, 'expend' or '
expenditure' includes the payment or furnishing of money or
anything of value or the incurring or repayment of indebtedness
or obligation by or on behalf of a candidate, political committee
or person in consideration for any services, supplies, equipment
or other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
committee or measure, or for reducing the debt of a candidate for
nomination or election to public office. 'Expenditure' also
includes contributions made by a candidate or political committee
to or on behalf of any other candidate or political committee.
  (9) 'Filing officer' means:
  (a) The Secretary of State:
  (A) Regarding a candidate for public office;
  (B) Regarding a statement required to be filed under ORS
260.118;
  (C) Regarding any measure; or
  (D) Regarding any political committee.
  (b) In the case of an irrigation district formed under ORS
chapter 545, 'filing officer' means:
  (A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the
proposed district is situated wholly in one county;
  (B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located,
regarding any candidate for office or any measure at an
irrigation district formation election where the proposed
district is situated in more than one county; or
  (C) The secretary of the irrigation district for any election
other than an irrigation district formation election.
  (10) 'Independent expenditure' means an expenditure by a person
for a communication in support of or in opposition to a clearly
identified candidate or measure that is not made with the
cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate, or any political
committee or agent of a political committee supporting or
opposing a measure. For purposes of this subsection:
  (a) 'Agent' means any person who has:
  (A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate or on behalf of a political committee
supporting or opposing a measure; or
  (B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures.
  (b)(A) 'Clearly identified' means, with respect to candidates:
  (i) The name of the candidate involved appears;
  (ii) A photograph or drawing of the candidate appears; or
  (iii) The identity of the candidate is apparent by unambiguous
reference.
  (B) 'Clearly identified' means, with respect to measures:
  (i) The ballot number of the measure appears;
  (ii) A description of the measure's subject or effect appears;
or
  (iii) The identity of the measure is apparent by unambiguous
reference.
  (c) 'Communication in support of or in opposition to a clearly
identified candidate or measure' means:
  (A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly
identified candidate for nomination or election to public office,
or the passage or defeat of a clearly identified measure;
  (B) The communication, as a whole, seeks action rather than
simply conveying information; and
  (C) It is clear what action the communication advocates.
  (d) 'Made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a
candidate or any agent or authorized committee of the candidate,
or any political committee or agent of a political committee
supporting or opposing a measure':
  (A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent, or by any political committee
or agent of a political committee supporting or opposing a
measure, prior to the publication, distribution, display or
broadcast of the communication. An expenditure shall be presumed
to be so made when it is:
  (i) Based on information about the plans, projects or needs of
the candidate, or of the political committee supporting or
opposing a measure, and provided to the expending person by the
candidate or by the candidate's agent, or by any political
committee or agent of a political committee supporting or

opposing a measure, with a view toward having an expenditure
made; or
  (ii) Made by or through any person who is or has been
authorized to raise or expend funds, who is or has been an
officer of a political committee authorized by the candidate or
by a political committee or agent of a political committee
supporting or opposing a measure, or who is or has been receiving
any form of compensation or reimbursement from the candidate, the
candidate's principal campaign committee or agent or from any
political committee or agent of a political committee supporting
or opposing a measure.
  (B) Does not mean providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures.
  (11) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
  (12) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
  (13) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
  (14) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
  (a) A proposed law.
  (b) An Act or part of an Act of the Legislative Assembly.
  (c) A revision of or amendment to the Oregon Constitution.
  (d) Local, special or municipal legislation.
  (e) A proposition or question.
  (15) 'Occupation' means:
  (a) The nature of an individual's principal business; and
  (b) If the individual is employed by another person, the
business name and address, by city and state, of the employer.
  (16) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
  (17) 'Petition committee' means an initiative, referendum or
recall petition committee organized under ORS 260.118.
  (18) 'Political committee' means a combination of two or more
individuals, or a person other than an individual, that has:
  (a) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
  (b) Made an expenditure for the purpose of supporting or
opposing a candidate, measure or political party. For purposes of
this paragraph, an expenditure does not include:
  (A) A contribution to a candidate or political committee that
is required to report the contribution on a statement filed under
ORS 260.057, 260.076 or 260.102 or a certificate filed under ORS
260.112; or
  (B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044.
  (19) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors.
  (20) 'Recall petition' means a petition to recall a public
officer for which a prospective petition has been filed but that
is not yet a measure.
  (21) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
  (22) 'Regular district election' means the regular district
election described in ORS 255.335.
  (23) 'Slate mailer' means a mass mailing that supports or
opposes a total of three or more candidates or measures.
  (24)(a) 'Slate mailer organization' means any person who
directly or indirectly:
  (A) Is involved in the production of one or more slate mailers
and exercises control over the selection of the candidates and
measures to be supported or opposed in the slate mailers; and
  (B) Receives or is promised payment for producing one or more
slate mailers or for endorsing or opposing, or refraining from
endorsing or opposing, a candidate or measure in one or more
slate mailers.
  (b) 'Slate mailer organization' does not include:
  (A) A political committee organized by a political party; or
  (B) A political committee organized by the caucus of either the
Senate or the House of Representatives of the Legislative
Assembly.
  (25) 'State office' means the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries, Superintendent of Public
Instruction, state Senator, state Representative, judge or
district attorney.
  SECTION 2. ORS 260.039 is amended to read:
  260.039. (1) Except as provided in ORS 260.043, a candidate who
serves as the candidate's own treasurer, or the treasurer of the
principal campaign committee, shall file a statement of
organization with the filing officer. The statement shall
include:
  (a) The name, address, occupation, office sought and party
affiliation of the candidate. The address shall be the address of
a residence, office, headquarters or similar location where the
candidate may be conveniently located.
  (b) In the case of a principal campaign committee:
  (A) The name and address of the committee. The address shall be
the address of a residence, office, headquarters or similar
location where the political committee or a responsible officer
of the political committee may be conveniently located.
  (B) The name, address and occupation of the committee director
or directors, if any.
  (C) The name and address of the committee treasurer.
  (D) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
  (c) The name of the financial institution in which the campaign
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.
  (2) A candidate or treasurer may designate an individual to
receive any notice provided by a filing officer under ORS
chapters 246 to 260. The candidate or treasurer shall include the
name and address of the individual in the statement of
organization filed under this section. A filing officer who
provides any notice under ORS chapters 246 to 260 to the
candidate or treasurer shall also provide the notice to the
individual designated by the candidate or treasurer under this
subsection.
  (3) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer shall file the statement of
organization not later than the third business day after the
candidate first receives a contribution or makes an expenditure.
The treasurer of a principal campaign committee shall file the
statement of organization not later than the date specified in
ORS 260.035.
  (4) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
  (5) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer or the treasurer of the
principal campaign committee of the candidate shall file a
statement of organization under this section not later than the
deadline for the candidate to file a nominating petition or
declaration of candidacy under ORS 249.037 or a certificate of
nomination under ORS 249.722.
  (6) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer or the treasurer of the
principal campaign committee of a candidate shall file a new or
amended statement of organization not later than the date that
the candidate files a nominating petition, declaration of
candidacy or certificate of nomination.
  SECTION 3. ORS 260.042 is amended to read:
  260.042. (1) The treasurer of a political committee shall file
a statement of organization with the filing officer. The
statement shall include:
  (a) The name, address and nature of the committee. The address
shall be the address of a residence, office, headquarters or
similar location where the political committee or a responsible
officer of the political committee may be conveniently located.
  (b) The name, address and occupation of the committee director
or directors.
  (c) The name and address of the committee treasurer.
  (d) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
  (e) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or specifically
opposing or intends to support or specifically oppose, when
known, or, if the committee is supporting or specifically
opposing all the candidates of a given party, the name of that
party.
  (f) A designation of any measure that the committee is opposing
or supporting, or intends to support or oppose.
  (g) The name of the financial institution in which the campaign
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.
  (h) A statement of whether the committee is a controlled
committee.
  (2) A treasurer may designate an individual to receive any
notice provided by a filing officer under ORS chapters 246 to
260.  The treasurer shall include the name and address of the
individual in a statement of organization filed under this
section. A filing officer who provides any notice under ORS
chapters 246 to 260 to the treasurer of the political committee
shall also provide the notice to the individual designated by the
treasurer under this subsection.
  (3) The statement of organization shall be filed not later than
the date specified in ORS 260.035.
  (4) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
  (5) This section does not apply to a political committee that
is a principal campaign committee or to a political committee
exclusively supporting or opposing one or more candidates for
federal or political party office.
  SECTION 4. 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 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, 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) 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) - }   { + (2) + } 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 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 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, political committee or petition committee
for whose benefit the expenditure was made.
  (5) If a political committee makes an expenditure that
qualifies as an independent expenditure under ORS 260.005 (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.
  (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.
  SECTION 5. 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 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 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 calendar day before the date that is four
months before a general election, or the 35th 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 6. 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)  { + Except as provided in subsection (8) of this
section, + } 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 may not impose a penalty under
this section that exceeds an aggregate total of $5,000 for any
one calendar month.
  (9) The period for which a penalty may be assessed under this
section shall begin on the date that is the final date by which a
statement or certificate may be timely filed under ORS 260.044,
260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or
260.118. + }
    { - (8) - }  { +  (10) + } 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) - }  { +  (11) + } Except as otherwise provided by
this section, civil penalties under this section shall be imposed
as provided in ORS 183.745.
  SECTION 7.  { + (1) The amendments to ORS 260.039, 260.042 and
260.118 by sections 2, 3 and 5 of this 2011 Act apply to
statements of organization filed by a principal campaign
committee, political committee or petition committee on or after
the effective date of this 2011 Act.
  (2) The amendments to ORS 260.005 and 260.083 by sections 1 and
4 of this 2011 Act apply to contributions made on or after the
effective date of this 2011 Act.
  (3) The amendments to ORS 260.232 by section 6 of this 2011 Act
apply to statements required to be filed on or after the
effective date of this 2011 Act. + }
                         ----------