Bill Text: OR SB148 | 2013 | Regular Session | Enrolled
Bill Title: Relating to election petitions; declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-07-03 - Effective date, June 26, 2013. [SB148 Detail]
Download: Oregon-2013-SB148-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 148
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 Kate
Brown)
CHAPTER ................
AN ACT
Relating to election petitions; creating new provisions; amending
ORS 250.048, 250.105, 250.175, 250.275, 260.262 and 659A.885;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.048 is amended to read:
250.048. (1) A person may not pay money or other valuable
consideration to another person for obtaining signatures of
electors on a state initiative, referendum or recall petition or
a prospective petition for a state measure to be initiated, and a
person may not receive money or other valuable consideration for
obtaining signatures of electors on a state initiative,
referendum or recall petition or a prospective petition for a
state measure to be initiated, unless the person obtaining the
signatures:
(a) Registers with the Secretary of State in the manner
prescribed by this section and by rule of the secretary; and
(b) Completes the training program prescribed by rule of the
secretary.
(2) A person may apply to the secretary for a registration
required under subsection (1) of this section. The application
shall include:
(a) The full name and any assumed name of the applicant;
(b) The residential street address of the applicant;
(c) An example of the signature of the applicant;
(d) A list of the prospective petitions on which the applicant
will gather signatures;
(e) A list of the initiative, referendum and recall petitions
on which the applicant will gather signatures;
(f) If the applicant has been convicted for a criminal offense
involving fraud, forgery or identification theft, information
relating to the circumstances of the conviction as required by
the secretary;
(g) A statement signed by the applicant acknowledging that the
applicant has read and understands Oregon law applicable to the
gathering of signatures on state initiative, referendum and
recall petitions and prospective petitions for state measures to
be initiated, as the law is summarized in the training program
established by the Secretary of State;
Enrolled Senate Bill 148 (SB 148-A) Page 1
(h) Evidence indicating that the applicant has completed the
training required by the secretary by rule;
(i) A photograph of the applicant; { - and - }
(j) A statement signed by a chief petitioner of each petition
or prospective petition, or a person designated by a chief
petitioner under this paragraph, upon which the applicant will
gather signatures acknowledging that the chief petitioner is
liable for violations of law or rule committed by the person
obtaining signatures as provided in ORS 260.561. A chief
petitioner may designate a person to sign a statement described
in this paragraph on behalf of the chief petitioner { - . - }
{ + ; and
(k) A copy of the applicant's criminal records check. + }
(3)(a) If an applicant complies with subsection (2) of this
section, not later than five business days after the applicant
applies, the secretary shall register the applicant and assign
the applicant a registration number.
(b) A person who is registered to obtain signatures on a
prospective petition for a state measure to be initiated need not
reapply for a registration under this section in order to obtain
signatures on a state initiative, referendum or recall petition,
except that the person shall submit a list of the initiative,
referendum and recall petitions on which the person will gather
signatures.
(c) A registration to obtain signatures on a state initiative
petition or a prospective petition for a state measure to be
initiated is valid until the date that is four months before the
next general election.
(d) A registration to obtain signatures on a referendum or
recall petition is valid until the date the petition is filed for
signature verification.
(4) A person may not apply for registration under this section
if, during the five-year period prior to the date of application,
the person:
(a) Has been convicted for a criminal offense involving fraud,
forgery or identification theft in any state;
(b) Has had a civil penalty imposed under ORS 260.995 for a
violation of this section or ORS 260.262; or
(c) Has had a civil or criminal penalty imposed for violation
of a statute subject to a criminal penalty under ORS 260.993.
(5) { + (a) + } { - To assist in determining the identity of
an applicant or whether an applicant has been convicted for a
criminal offense described in subsection (4) of this section,
upon consent of the applicant and - } Upon request of the
secretary, the Department of State Police shall furnish to the
secretary any information that the department may have in its
possession { + regarding an applicant + }, including but not
limited to the Law Enforcement Data System established in ORS
181.730, other computerized information and any other information
to which the department may have access. { + Information
obtained under this paragraph may be used to assist in
determining the identity of an applicant or whether an applicant
has been convicted of a criminal offense described in subsection
(4) of this section.
(b) + } For purposes of receiving the information described in
{ + paragraph (a) of + } this subsection, the office of the
Secretary of State is a 'criminal justice agency' under ORS
181.010 to 181.560 and 181.715 to 181.730 and the rules adopted
under ORS 181.555.
Enrolled Senate Bill 148 (SB 148-A) Page 2
{ + (c) + } Upon submitting an application for registration
described in subsection (2) of this section, an applicant is
deemed to have given the consent necessary for purposes of this
subsection.
{ + (6)(a) A chief petitioner shall ensure that a criminal
records check is conducted for each applicant seeking
registration under this section to determine whether the
applicant has been convicted of any of the crimes described in
subsection (4)(a) of this section, or was subject to any of the
penalties described in subsection (4)(b) and (c) of this section.
(b) The secretary by rule shall prescribe the scope of the
criminal records check to be performed pursuant to this
subsection. The applicant's criminal records check may be
conducted by either the chief petitioner or the applicant.
(c) An applicant seeking registration under this section is
required to have only one criminal records check conducted for
each period beginning the day after a biennial general election
and ending on the day of the next biennial general election. + }
{ - (6) - } { + (7) + } If a person receives money or other
valuable consideration for obtaining signatures of electors on a
state initiative, referendum or recall petition or a prospective
petition for a state measure to be initiated and the person was
not registered as required under this section at the time the
signatures were obtained, the secretary may not include any
signatures obtained by the person in a count under ORS 250.045
(3) or 250.105 or ORS chapter 249 for purposes of determining
whether the petition or prospective petition contains the
required number of signatures of electors.
{ - (7) - } { + (8) + } A person registered under this
section shall carry evidence of registration with the person
while the person is obtaining signatures on a state initiative,
referendum or recall petition or a prospective petition for a
state measure to be initiated. The evidence of registration shall
contain the photograph and registration number of the person. The
secretary by rule shall designate the form of the evidence of
registration.
{ - (8) - } { + (9) + } A photograph of an applicant
submitted under subsection (2) of this section shall:
(a) Be a conventional photograph with a plain background;
(b) Show the face or the face, neck and shoulders of the
applicant; and
(c) Be prepared and processed for printing as prescribed by the
secretary.
{ - (9) - } { + (10) + } A person registered under this
section may not obtain signatures on a petition or prospective
petition for which the person is being paid and, at the same
time, obtain signatures on a petition or prospective petition for
which the person is not being paid. The secretary may not include
any signatures obtained in violation of this subsection in a
count under ORS 250.045 (3) or 250.105 or ORS chapter 249 for
purposes of determining whether a state initiative, referendum or
recall petition or a prospective petition for a state measure to
be initiated contains the required number of signatures of
electors.
{ - (10) - } { + (11) + } The secretary shall adopt rules
necessary to implement this section, including rules:
(a) Establishing procedures for registering persons who may be
paid money or other valuable consideration for obtaining
signatures of electors on state initiative, referendum or recall
Enrolled Senate Bill 148 (SB 148-A) Page 3
petitions or prospective petitions for state measures to be
initiated; and
(b) Establishing a training program for persons who may be paid
money or other valuable consideration for obtaining signatures of
electors on state initiative, referendum or recall petitions or
prospective petitions for state measures to be initiated.
SECTION 2. ORS 250.105 is amended to read:
250.105. (1)(a) An initiative or referendum petition relating
to a state measure must be filed with the Secretary of State for
the purpose of verifying whether the petition contains the
required number of signatures of electors.
(b) Signatures previously verified on a prospective petition
for a state measure to be initiated shall be included in the
calculation under this section for the purpose of verifying
whether the initiative petition contains the required number of
signatures of electors.
(c) When filing an initiative or referendum petition, the
{ - chief petitioner shall sort the - } signature sheets
{ + must be sorted + } on the basis of the name of the person
who obtained the signatures on the sheet.
(d) The secretary shall adopt rules establishing procedures for
verifying signatures on an initiative or referendum petition.
(e) A filed initiative or referendum petition must contain only
original signatures. The secretary or county clerk shall verify
each petition in the order in which the petitions are filed with
the secretary.
(2)(a) Once every month, the chief petitioner { + , or agent on
behalf of the chief petitioner, + } of an initiative petition
relating to a state measure shall file with the secretary all
signature sheets containing signatures of electors obtained by a
person being paid to obtain signatures on the petition since the
previous monthly filing. The secretary shall hold all signature
sheets filed under this subsection unless the chief petitioner
withdraws the petition.
(b) The secretary shall adopt rules prescribing the dates by
which signature sheets must be filed each month. The secretary
may not accept signature sheets containing signatures of electors
obtained by a person being paid to obtain signatures on the
petition before the previous monthly filing deadline prescribed
under this paragraph for purposes of determining whether an
initiative petition relating to a state measure contains the
required number of signatures of electors under this section.
(3) The secretary may not accept a referendum petition relating
to a state measure for filing if the petition contains less than
100 percent of the required number of signatures. The secretary
may not determine whether an initiative petition contains the
required number of signatures of electors unless at least 100
percent of the required number of signatures have been filed with
the secretary.
(4) If the total number of signatures required on an initiative
petition or referendum petition is submitted not less than 165
days before the election at which the proposed measure is to be
voted upon and if the secretary determines that insufficient
signatures have been submitted but the deadline for filing
signatures on the petition has not passed, the petitioners may
submit additional signatures.
(5) The secretary by rule shall designate a statistical
sampling technique to verify whether a petition contains the
required number of signatures of electors. A petition may not be
rejected for the reason that it contains less than the required
Enrolled Senate Bill 148 (SB 148-A) Page 4
number of signatures unless two separate sampling processes both
establish that the petition lacks the required number of
signatures. The second sampling must contain a larger number of
signatures than the first sampling. If two samplings are required
under this subsection, the total number of signatures verified on
the petition shall be not less than five percent of the total
number of signatures on the petition.
(6) For purposes of estimating the number of duplicate
signatures contained in a petition, the secretary shall apply at
least an eight percent duplication rate in the first sampling of
signatures on all petitions. If a second sampling of signatures
is required under subsection (5) of this section, the secretary
shall calculate an estimated signature duplication rate for each
petition for which a second sampling is required. The calculation
shall be based on the number of electors the secretary determines
have signed a specific petition more than once.
(7) When verifying signatures for a state initiative or
referendum petition, the secretary or county clerk shall identify
on an elector's voter registration record or other database that
the elector signed the specific initiative or referendum
petition.
(8) The Secretary of State may employ professional assistance
to determine the sampling technique to be designated under
subsection (5) of this section.
(9) The Secretary of State and the county clerk, if requested,
shall permit authorized persons to be at the office of the
secretary or county clerk to watch the verification of signatures
on a state initiative petition or prospective petition for a
state measure to be initiated under this section. The
authorization shall be in writing and shall be filed with the
secretary or county clerk. The secretary or county clerk shall
permit only as many persons as watchers under this subsection as
will not interfere with an orderly procedure at the office of the
secretary or county clerk.
SECTION 3. ORS 250.175 is amended to read:
250.175. (1) When a prospective petition for a county measure
to be referred is filed with the county clerk, the clerk shall
authorize the circulation of the petition containing the title of
the measure as enacted by the county governing body or, if there
is no title, the title supplied by the petitioner filing the
prospective petition. The county clerk immediately shall send two
copies of the prospective petition to the district attorney.
(2) Not later than the sixth business day after a prospective
petition for a county measure to be initiated is filed with the
county clerk, the clerk shall send two copies of it to the
district attorney if the measure to be initiated has been
determined to be in compliance with section 1 (2)(d), Article IV,
and section 10, Article VI of the Oregon Constitution, as
provided in ORS 250.168.
(3) { + (a) + } Not later than the fifth business day after
receiving the copies of the prospective petition, and
notwithstanding ORS 203.145 (3), the district attorney shall
prepare a ballot title for the county measure to be initiated or
referred and return one copy of the prospective petition and { +
certify + } the ballot title to the county clerk. { - Unless
the circuit court certifies a different title, this ballot title
shall be the title printed on the ballot. - }
{ + (b) If the district attorney determines that a ballot
title certified under this subsection contains a clerical error,
the district attorney may correct the error and certify to the
Enrolled Senate Bill 148 (SB 148-A) Page 5
county clerk a corrected ballot title not later than the 10th
business day after the date the ballot title was certified. + }
{ - (4) - } { + (c) + } A copy of the ballot title shall be
furnished to the chief petitioner.
{ + (4) Unless the circuit court certifies a different ballot
title, the latest ballot title certified by the district attorney
under subsection (3) of this section is the title to be printed
on the ballot. + }
(5)(a) The county clerk, upon receiving a ballot title for a
county measure to be referred or initiated from the district
attorney or the county governing body, shall publish in the next
available edition of a newspaper of general circulation in the
county a notice of receipt of the ballot title including notice
that an elector may file a petition for review of the ballot
title not later than the date referred to in ORS 250.195.
(b) In addition to publishing a notice as described in
paragraph (a) of this subsection, the county clerk may publish a
notice on the county's website for a minimum of seven days.
{ + (6) As used in this section, 'clerical error' means a
typographical, arithmetical or grammatical error or omission that
is evident from the text of the certified ballot title or by
comparison of the text of the ballot title with a written
explanation that was provided by the district attorney and issued
concurrently with the certified ballot title. + }
SECTION 4. ORS 250.275 is amended to read:
250.275. (1) When a prospective petition for a city measure to
be referred is filed with the city elections officer, the officer
shall authorize the circulation of the petition containing the
title of the measure as enacted by the city governing body or, if
there is no title, the title supplied by the petitioner filing
the prospective petition. The city elections officer immediately
shall send two copies of the prospective petition to the city
attorney.
(2) Not later than the sixth business day after a prospective
petition for a city measure to be initiated is filed with the
city elections officer, the officer shall send two copies of it
to the city attorney if the measure to be initiated has been
determined to be in compliance with section 1 (2)(d) and (5),
Article IV of the Oregon Constitution, as provided in ORS
250.270.
(3) { + (a) + } Not later than the fifth business day after
receiving the copies of the prospective petition, the city
attorney shall provide a ballot title for the city measure to be
initiated or referred and return one copy of the prospective
petition and { + certify + } the ballot title to the city
elections officer. { - Unless the circuit court certifies a
different title, this ballot title shall be the title printed on
the ballot. - }
{ + (b) If the city attorney determines that a ballot title
certified under this subsection contains a clerical error, the
city attorney may correct the error and certify to the city
elections officer a corrected ballot title not later than the
10th business day after the date the ballot title was
certified. + }
{ - (4) - } { + (c) + } A copy of the ballot title shall be
furnished to the chief petitioner.
{ + (4) Unless the circuit court certifies a different ballot
title, the latest ballot title certified by the city attorney
under subsection (3) of this section is the title to be printed
on the ballot. + }
Enrolled Senate Bill 148 (SB 148-A) Page 6
(5)(a) The city elections officer, upon receiving a ballot
title for a city measure to be referred or initiated from the
city attorney or city governing body, shall publish in the next
available edition of a newspaper of general distribution in the
city a notice of receipt of the ballot title including notice
that an elector may file a petition for review of the ballot
title not later than the date referred to in ORS 250.296.
(b) In addition to publishing a notice as described in
paragraph (a) of this subsection, the city elections officer may
publish a notice on the city's website for a minimum of seven
days.
{ + (6) As used in this section, 'clerical error' means a
typographical, arithmetical or grammatical error or omission that
is evident from the text of the certified ballot title or by
comparison of the text of the ballot title with a written
explanation that was provided by the city attorney and issued
concurrently with the certified ballot title. + }
SECTION 5. ORS 260.262 is amended to read:
260.262. (1) As used in this section, 'accounts' means:
(a) Any contract entered into by a chief petitioner of an
initiative or referendum petition { + relating to a state
measure + } and any person for purposes of obtaining signatures
on the initiative or referendum petition or on a prospective
petition for a state measure to be initiated;
(b) Any employment manual or training materials provided to
persons who obtain signatures on the petition or prospective
petition;
(c) Payroll records for each employee obtaining signatures on
the petition or prospective petition showing hours worked, number
of signatures collected and amounts paid;
(d) Records identifying the amount and purpose of each payment
made by the chief petitioner or any contractor, as defined in ORS
260.563, to any subcontractor, as defined in ORS 260.563,
obtaining signatures on the petition or prospective petition; and
(e) Copies of signature sheets circulated by persons who are
being paid to obtain signatures on the petition or prospective
petition.
(2) For purposes of enforcing section 1b, Article IV of the
Oregon Constitution, a chief petitioner of an initiative or
referendum petition { + relating to a state measure + } who pays
any person money or other valuable consideration to obtain
signatures on the petition or prospective petition shall keep
detailed accounts. The accounts shall be current as of not later
than the seventh calendar day after the date a payment is made to
a person for obtaining signatures on the petition or prospective
petition.
(3) The Secretary of State shall review the accounts of each
chief petitioner described in subsection (2) of this section in
the manner and according to a regular schedule adopted by the
secretary by rule.
(4) In addition to the review conducted under subsection (3) of
this section, the secretary, Attorney General or Commissioner of
the Bureau of Labor and Industries may inspect the accounts of a
chief petitioner described in subsection (2) of this section
under reasonable circumstances at any time before the deadline
for filing signatures on the petition or during the period
specified for retention of the accounts under subsection (5) of
this section. The right of inspection may be enforced by writ of
mandamus issued by any court of competent jurisdiction.
Enrolled Senate Bill 148 (SB 148-A) Page 7
(5) A chief petitioner must preserve the accounts pertaining to
an initiative or referendum petition { + relating to a state
measure, + } or { + to + } a prospective petition for a state
measure to be initiated { + , + } for at least two years after
the deadline for filing the petition for verification of
signatures or at least two years after the date the last
statement is filed under ORS 260.118, whichever is later.
(6) If a chief petitioner does not produce accounts under
subsection (3) or (4) of this section:
(a) There is a rebuttable presumption that a violation of
section 1b, Article IV of the Oregon Constitution, has occurred;
and
(b) The chief petitioner may not obtain additional signatures
on the petition or prospective petition until the chief
petitioner is able to supply the accounts to the secretary,
Attorney General or commissioner.
(7) Accounts are not subject to disclosure under ORS 192.410 to
192.505.
SECTION 6. { + Section 7 of this 2013 Act is added to and made
a part of ORS chapter 659A. + }
SECTION 7. { + (1) In addition to the conduct prohibited in
ORS 659A.199, it is an unlawful employment practice for a person
to discriminate or retaliate against another person with respect
to hire or tenure, compensation or other terms, conditions or
privileges of employment for the reason that the person has in
good faith reported information that the person believes is
evidence of a violation of a state or federal election law, rule
or regulation.
(2) This section applies only to a person who pays money or
offers other valuable consideration for obtaining signatures of
electors on a state initiative, referendum or recall petition or
on a prospective petition for a state measure to be
initiated. + }
SECTION 8. ORS 659A.885 is amended to read:
659A.885. (1) Any person claiming to be aggrieved by an
unlawful practice specified in subsection (2) of this section may
file a civil action in circuit court. In any action under this
subsection, the court may order injunctive relief and any other
equitable relief that may be appropriate, including but not
limited to reinstatement or the hiring of employees with or
without back pay. A court may order back pay in an action under
this subsection only for the two-year period immediately
preceding the filing of a complaint under ORS 659A.820 with the
Commissioner of the Bureau of Labor and Industries, or if a
complaint was not filed before the action was commenced, the
two-year period immediately preceding the filing of the action.
In any action under this subsection, the court may allow the
prevailing party costs and reasonable attorney fees at trial and
on appeal. Except as provided in subsection (3) of this section:
(a) The judge shall determine the facts in an action under this
subsection; and
(b) Upon any appeal of a judgment in an action under this
subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (3).
(2) An action may be brought under subsection (1) of this
section alleging a violation of ORS 10.090, 10.092, 25.337,
25.424, 171.120, 408.230, 408.237 (2), 476.574, 652.355, 653.060,
659A.030, 659A.040, 659A.043, 659A.046, 659A.063, 659A.069,
659A.082, 659A.088, 659A.103 to 659A.145, 659A.150 to 659A.186,
659A.194, 659A.199, 659A.203, 659A.218, 659A.230, 659A.233,
Enrolled Senate Bill 148 (SB 148-A) Page 8
659A.236, 659A.250 to 659A.262, 659A.277, 659A.290, 659A.300,
659A.306, 659A.309, 659A.315, 659A.318, 659A.320 or 659A.421 { +
or section 7 of this 2013 Act + }.
(3) In any action under subsection (1) of this section alleging
a violation of ORS 25.337, 25.424, 659A.030, 659A.040, 659A.043,
659A.046, 659A.069, 659A.082, 659A.103 to 659A.145, 659A.199,
659A.230, 659A.250 to 659A.262, 659A.290, 659A.318 or
659A.421 { + or section 7 of this 2013 Act + }:
(a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory damages or
$200, whichever is greater, and punitive damages;
(b) At the request of any party, the action shall be tried to a
jury;
(c) Upon appeal of any judgment finding a violation, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1); and
(d) Any attorney fee agreement shall be subject to approval by
the court.
(4) In any action under subsection (1) of this section alleging
a violation of ORS 652.355 or 653.060, the court may award, in
addition to the relief authorized under subsection (1) of this
section, compensatory damages or $200, whichever is greater.
(5) In any action under subsection (1) of this section alleging
a violation of ORS 171.120, 476.574, 659A.203 or 659A.218, the
court may award, in addition to the relief authorized under
subsection (1) of this section, compensatory damages or $250,
whichever is greater.
(6) In any action under subsection (1) of this section alleging
a violation of ORS 10.090 or 10.092, the court may award, in
addition to the relief authorized under subsection (1) of this
section, a civil penalty in the amount of $720.
(7) Any individual against whom any distinction, discrimination
or restriction on account of race, color, religion, sex, sexual
orientation, national origin, marital status or age, if the
individual is 18 years of age or older, has been made by any
place of public accommodation, as defined in ORS 659A.400, by any
employee or person acting on behalf of the place or by any person
aiding or abetting the place or person in violation of ORS
659A.406 may bring an action against the operator or manager of
the place, the employee or person acting on behalf of the place
or the aider or abettor of the place or person. Notwithstanding
subsection (1) of this section, in an action under this
subsection:
(a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory and punitive
damages;
(b) The operator or manager of the place of public
accommodation, the employee or person acting on behalf of the
place, and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;
(c) At the request of any party, the action shall be tried to a
jury;
(d) The court shall award reasonable attorney fees to a
prevailing plaintiff;
(e) The court may award reasonable attorney fees and expert
witness fees incurred by a defendant who prevails only if the
court determines that the plaintiff had no objectively reasonable
basis for asserting a claim or no reasonable basis for appealing
an adverse decision of a trial court; and
Enrolled Senate Bill 148 (SB 148-A) Page 9
(f) Upon any appeal of a judgment under this subsection, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1).
(8) When the commissioner or the Attorney General has
reasonable cause to believe that a person or group of persons is
engaged in a pattern or practice of resistance to the rights
protected by ORS 659A.145 or 659A.421 or federal housing law, or
that a group of persons has been denied any of the rights
protected by ORS 659A.145 or 659A.421 or federal housing law, the
commissioner or the Attorney General may file a civil action on
behalf of the aggrieved persons in the same manner as a person or
group of persons may file a civil action under this section. In a
civil action filed under this subsection, the court may assess
against the respondent, in addition to the relief authorized
under subsections (1) and (3) of this section, a civil penalty:
(a) In an amount not exceeding $50,000 for a first violation;
and
(b) In an amount not exceeding $100,000 for any subsequent
violation.
(9) In any action under subsection (1) of this section alleging
a violation of ORS 659A.145 or 659A.421 or alleging
discrimination under federal housing law, when the commissioner
is pursuing the action on behalf of an aggrieved complainant, the
court shall award reasonable attorney fees to the commissioner if
the commissioner prevails in the action. The court may award
reasonable attorney fees and expert witness fees incurred by a
defendant that prevails in the action if the court determines
that the commissioner had no objectively reasonable basis for
asserting the claim or for appealing an adverse decision of the
trial court.
(10) In an action under subsection (1) or (8) of this section
alleging a violation of ORS 659A.145 or 659A.421 or
discrimination under federal housing law:
(a) 'Aggrieved person' includes a person who believes that the
person:
(A) Has been injured by an unlawful practice or discriminatory
housing practice; or
(B) Will be injured by an unlawful practice or discriminatory
housing practice that is about to occur.
(b) An aggrieved person in regard to issues to be determined in
an action may intervene as of right in the action. The Attorney
General may intervene in the action if the Attorney General
certifies that the case is of general public importance. The
court may allow an intervenor prevailing party costs and
reasonable attorney fees at trial and on appeal.
SECTION 9. { + (1) The amendments to ORS 250.048 by section 1
of this 2013 Act apply to persons who apply for registration with
the Secretary of State on or after the effective date of this
2013 Act.
(2) The amendments to ORS 250.175 and 250.275 by sections 3 and
4 of this 2013 Act apply to ballot titles certified on or after
the effective date of this 2013 Act.
(3) Section 7 of this 2013 Act and the amendments to ORS
659A.885 by section 8 of this 2013 Act apply to actions commenced
on or after the effective date of this 2013 Act. + }
SECTION 10. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Enrolled Senate Bill 148 (SB 148-A) Page 10
Passed by Senate May 15, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 20, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 148 (SB 148-A) Page 11
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 148 (SB 148-A) Page 12
