Bill Text: OR SB784 | 2011 | Regular Session | Introduced
Bill Title: Relating to use of campaign funds.
Spectrum: Bipartisan Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB784 Detail]
Download: Oregon-2011-SB784-Introduced.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 2962
Senate Bill 784
Sponsored by Senator TELFER; Senator BATES
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.
Allows member of Legislative Assembly to pay, from
contributions to member or member's principal campaign committee,
reasonable living and travel expenses incurred by personal
legislative staff during legislative session.
A BILL FOR AN ACT
Relating to use of campaign funds; amending ORS 260.407.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 260.407, as amended by section 9, chapter 9,
Oregon Laws 2010, is amended to read:
260.407. (1)(a) Except as provided in paragraph (b) of this
subsection, amounts received as contributions by a candidate or
the principal campaign committee of a candidate for public office
that are in excess of any amount necessary to defray expenditures
and any other funds donated to a holder of public office may be:
(A) Used to defray any expenses incurred in connection with the
recipient's duties as a holder of public office;
{ + (B) If the recipient is a member of the Legislative
Assembly, used to defray reasonable travel and living expenses
incurred by a person who serves in a position on the personal
legislative staff of the recipient in connection with the
person's duties as a staff member during a legislative
session; + }
{ - (B) - } { + (C) + } Transferred to any national, state
or local political committee of any political party;
{ - (C) - } { + (D) + } Contributed to any organization
described in section 170(c) of the Internal Revenue Code or to
any charitable corporation as defined in ORS 128.620; or
{ - (D) - } { + (E) + } Used for any other lawful purpose.
(b) Amounts received as contributions by a candidate or the
principal campaign committee of a candidate for public office
that are in excess of any amount necessary to defray expenditures
and other funds donated to a holder of public office may not be:
(A) Converted by any person to any personal use other than to
defray any expenses incurred in connection with the person's
duties as a holder of public office or to repay to a candidate
any loan the proceeds of which were used in connection with the
candidate's campaign;
(B) Except as provided in this subparagraph, used to pay any
money award as defined in ORS 18.005 included as part of a
judgment in a civil or criminal action or any civil penalty
imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in
this paragraph may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by the candidate or public official in
any civil, criminal or other legal proceeding or investigation
that relates to or arises from the course and scope of the duties
of the person as a candidate or public official. Contributions
described in this paragraph may be used to pay legal expenses
incurred by the candidate or public official in connection with a
legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.
(2)(a) Except as provided in paragraph (b) of this subsection,
amounts received as contributions by a political committee that
is not a principal campaign committee that are in excess of any
amount necessary to defray expenditures may be:
(A) Used to repay to the political committee any loan the
proceeds of which were used in connection with the campaign;
(B) Transferred to any national, state or local political
committee of any political party;
(C) Contributed to any organization described in section 170(c)
of the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
(b) Amounts received as contributions by the political
committee may not be:
(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, used to pay any
money award as defined in ORS 18.005 included as part of a
judgment in a civil or criminal action or any civil penalty
imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in
this subsection may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by a treasurer or director of a political
committee in any civil, criminal or other legal proceeding or
investigation that relates to or arises from the course and scope
of the duties of the person as a treasurer or director.
Contributions described in this subsection may be used to pay
legal expenses incurred by a treasurer or director in connection
with a legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.
(3)(a) Except as provided in paragraph (b) of this subsection,
amounts received as contributions by a chief petitioner or
treasurer of a petition committee organized under ORS 260.118
that are in excess of any amount necessary to defray expenditures
may be:
(A) Used to repay to the chief petitioner any loan the proceeds
of which were used in connection with the initiative, referendum
or recall petition;
(B) Transferred to any national, state or local political
committee of any political party;
(C) Contributed to any organization described in section 170(c)
of the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
(b) Amounts received as contributions by a chief petitioner or
treasurer of a petition committee may not be:
(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, used to pay any
money award as defined in ORS 18.005 included as part of a
judgment in a civil or criminal action or any civil penalty
imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in
this subsection may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by a chief petitioner or treasurer in any
civil, criminal or other legal proceeding or investigation that
relates to or arises from the course and scope of the duties of
the person as a chief petitioner or treasurer. Contributions
described in this subsection may be used to pay legal expenses
incurred by a chief petitioner or treasurer in connection with a
legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.
(4) As used in this section:
(a) 'Contribution' and 'expenditure' include a contribution or
expenditure to or on behalf of an initiative, referendum or
recall petition.
(b) 'Funds donated' means all funds, including but not limited
to gifts, loans, advances, credits or deposits of money that are
donated for the purpose of supporting the activities of a holder
of public office. 'Funds donated' does not mean funds
appropriated by the Legislative Assembly or another similar
public appropriating body or personal funds of the office holder
donated to an account containing only those personal funds.
(c) 'Public office' does not include national or political
party office.
----------
