Bill Text: OR SB493 | 2013 | Regular Session | Introduced

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Bill Title: Relating to payment per signature on election petitions.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB493 Detail]

Download: Oregon-2013-SB493-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2709

                         Senate Bill 493

Sponsored by COMMITTEE ON JUDICIARY

                             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 imposition of specified civil penalty for first,
second, third and subsequent violation of constitutional
prohibition against payment for signatures obtained on initiative
or referendum petition.

                        A BILL FOR AN ACT
Relating to payment per signature on election petitions; creating
  new provisions; and amending ORS 260.995.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 260.995 is amended to read:
  260.995. (1) Except as provided in   { - subsection (2) - }
 { +  subsections (2) and (3) + } of this section, following an
investigation under ORS 260.345, the Secretary of State or
Attorney General may impose a civil penalty not to exceed $250
for each violation of any provision of Oregon Revised Statutes
relating to the conduct of any election, any rule adopted by the
secretary under ORS chapters 246 to 260 or any other matter
preliminary to or relating to an election, for which a civil
penalty is not otherwise provided.
  (2) The secretary or the Attorney General may impose a civil
penalty not to exceed:
  (a) $1,000 for each violation of ORS 251.049 (3) or 251.405
(3);
  (b) $1,000 plus the amount converted to personal use for each
violation of ORS 260.407; or
  (c) $10,000 for each violation of ORS 260.555, 260.558,
260.575, 260.695 (1) or 260.715 (1)   { - or section 1b, Article
IV of the Oregon Constitution - } .
   { +  (3) For a violation of Article IV, section 1b, of the
Oregon Constitution, the secretary or Attorney General shall
impose a civil penalty of:
  (a) $500 for a first violation.
  (b) $1,000 for a second violation.
  (c) $5,000 for a third violation and for each subsequent
violation. + }
    { - (3) - }  { +  (4) + } Except as otherwise provided by
this section, civil penalties under this section shall be imposed
as provided in ORS 183.745. In addition to the requirements of
ORS 183.745, the notice shall include:
  (a) A statement of the authority and jurisdiction under which
the hearing is to be held; and
  (b) If the person is an agency, corporation or an
unincorporated association, a statement that such person must be
represented by an attorney licensed in Oregon, unless the person
is a political committee which may be represented by any officer
identified in the most recent statement of organization filed
with the filing officer.
    { - (4) - }  { +  (5) + } A hearing on whether to impose a
civil penalty and to consider circumstances in mitigation shall
be held by the secretary or Attorney General:
  (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 date the person received notice sent under subsection
(3) of this section; or
  (b) Upon the secretary's or Attorney General's own motion.
    { - (5) - }  { +  (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 or other
evidence, sworn to before a notary public, to the secretary or
Attorney General for entry in the hearing record. The testimony
or other evidence must be received by the secretary or Attorney
General not later than three business days before the day of the
hearing.
    { - (6) - }  { +  (7) + } All hearings under 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   { - (4) - }
 { +  (5) + } 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.
    { - (7) - }  { +  (8) + } The secretary or Attorney General
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.
    { - (8) - }  { +  (9) + } All penalties recovered under this
section shall be paid into the State Treasury and credited to the
General Fund.
    { - (9) - }   { + (10) + } In the case of a civil penalty
imposed under this section for a violation of ORS 260.407, the
person against whom the penalty is assessed:
  (a) Is personally responsible for the payment of the civil
penalty;
  (b) Shall pay the civil penalty from personal funds of the
person; and
  (c) May not pay the civil penalty from contributions received
by a candidate, a candidate's principal campaign committee, a
political committee or a petition committee.
  SECTION 2.  { + (1) The amendments to ORS 260.995 by section 1
of this 2013 Act apply to violations of Article IV, section 1b,
of the Oregon Constitution that occur on or after the effective
date of this 2013 Act.
  (2) The first violation of Article IV, section 1b, of the
Oregon Constitution that occurs on or after the effective date of
this 2013 Act is considered a first violation of ORS 260.995, as
amended by section 1 of this 2013 Act. + }
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