Bill Text: OR SB915 | 2011 | Regular Session | Introduced
Bill Title: Relating to petitions; declaring an emergency.
Sponsorship: Committee Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB915 Detail]
Download: Oregon-2011-SB915-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 3566
Senate Bill 915
Sponsored by 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 as
introduced.
Provides that person who contracts or subcontracts with chief
petitioner keep detailed accounts. Specifies that chief
petitioners, contractors and subcontractors must submit accounts
to Secretary of State for inspection every six months or upon
ceasing to obtain more signatures on petition or prospective
petition, whichever is sooner.
Allows Secretary of State to issue temporary provisional
registration for paid petition circulators in certain
circumstances.
Provides that persons who have served sentence for certain
convictions during previous five-year period are ineligible to
register as paid petition circulator.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to petitions; creating new provisions; amending ORS
250.048, 260.262 and 260.556; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.048, as amended by section 4, chapter 9,
Oregon Laws 2010, 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 { + or served a
sentence + } for a criminal offense involving fraud, forgery or
identification theft, information relating to the circumstances
of the conviction { + or relating to the sentence, + } 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;
(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.
(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 - } { + Any person is eligible
to + } apply for registration under this section { - if - }
{ + unless + }, during the five-year period prior to the date
of application, the person:
(a) Has been convicted { + or served a sentence + } 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 { + or
served a sentence + } 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 from its central bureau of
criminal identification, 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. For purposes of receiving the
information described in 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. 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.
{ + (b) The secretary may issue a temporary provisional
registration to an otherwise qualified person under this section
if the secretary determines that an extended period of time is
necessary to determine the identity of an applicant or whether an
applicant has been convicted or served a sentence for a criminal
offense described in subsection (4) of this section. + }
(6) 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) 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) 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) 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) 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
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 260.262 is amended to read:
260.262. (1) { + (a) + } As used in this section, 'accounts'
means:
{ - (a) - } { + (A) + } Any contract entered into by a
chief petitioner of an initiative or referendum petition 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) - } { + (B) + } Any employment manual or training
materials provided to persons who obtain signatures on the
petition or prospective petition { - ; - } { + . + }
{ - (c) - } { + (C) + } { - Payroll - } Records for each
employee obtaining signatures on the petition or prospective
petition { - showing hours worked, number of signatures
collected and amounts paid; - } { + containing:
(i) The name, address and occupation of the employee.
(ii) The actual hours worked each week and each pay period by
the employee.
(iii) The number of signatures collected by the employee. + }
{ - (d) - } { + (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) - } { + (E) + } Copies of signature sheets
circulated by persons who are being paid to obtain signatures on
the petition or prospective petition.
{ + (b) 'Contractor' has the meaning given that term in ORS
260.563.
(c) 'Subcontractor' has the meaning given that term in ORS
260.563. + }
(2) For purposes of enforcing section 1b, Article IV of the
Oregon Constitution, { - a - } { + any + } chief
petitioner { + , contractor or subcontractor, + } of an
initiative or referendum petition 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) { + (a) Once every six months, or upon ceasing to gather
more signatures on a petition or prospective petition, whichever
is sooner, each chief petitioner, contractor or subcontractor
described in subsection (2) of this section shall submit to the
Secretary of State all accounts described in this section. The
secretary shall adopt rules prescribing the manner and dates by
which accounts must be filed under this subsection.
(b) + } The Secretary of State shall review the accounts of
each chief petitioner { + , contractor and subcontractor + }
{ - 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 { + , contractor or subcontractor + }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.
(5) A chief petitioner { + , contractor or subcontractor + }
must preserve the accounts pertaining to an initiative or
referendum petition or 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 { + , contractor or subcontractor + }
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 { + , contractor or subcontractor + }
may not obtain additional signatures on the petition or
prospective petition until { - the chief petitioner is able to
supply - } the accounts { + are supplied + } to the secretary,
Attorney General or commissioner.
(7) Accounts are not subject to disclosure under ORS 192.410 to
192.505.
SECTION 3. ORS 260.556 is amended to read:
260.556. The Secretary of State may not include in a count
under ORS 250.045 (3) or 250.105 or ORS chapter 249 for purposes
of determining whether an initiative, referendum or recall
petition or a prospective petition for a state measure to be
initiated contains the required number of signatures of electors,
any signatures obtained by a person who the secretary determines,
during the five-year period prior to the date the signatures were
obtained:
(1) Has been convicted { + or served a sentence + } for a
criminal offense involving fraud, forgery or identification theft
in any state;
(2) Has had a civil penalty imposed under ORS 260.995 for a
violation of ORS 250.048 or 260.262; or
(3) Has had a civil or criminal penalty imposed for violation
of a statute subject to a criminal penalty under ORS 260.993.
SECTION 4. { + (1)(a) The amendments to ORS 250.048 by section
1 of this 2011 Act apply to the payment or receipt of money or
other valuable consideration for obtaining signatures of electors
on a state initiative, referendum or recall petition or
prospective petition for a state measure to be initiated that are
obtained on or after January 1, 2012.
(b) The amendments to ORS 260.556 by section 3 of this 2011 Act
apply to signatures obtained on or after January 1, 2012.
(2) The amendments to ORS 260.262 by section 2 of this 2011 Act
apply to:
(a) Initiative and referendum petitions for which a prospective
petition is filed on or after the effective date of this 2011
Act;
(b) Prospective petitions that are filed on or after the
effective date of this 2011 Act; and
(c) Initiative and referendum petitions for which a prospective
petition is filed prior to the effective date of this 2011 Act
and that, if filed with the required number of signatures of
electors, will be submitted to the people at an election held on
or after the effective date of this 2011 Act. A chief petitioner
of a petition described in this paragraph or a contractor or
subcontractor for the chief petitioner shall maintain accounts
under ORS 260.262 as amended by section 2 of this 2011 Act for
activities that occur on or after the effective date of this 2011
Act. + }
SECTION 5. { + The Secretary of State may take any action
before January 1, 2012, that is necessary to enable the secretary
to exercise, on and after January 1, 2012, all the duties,
functions and powers conferred upon the secretary by ORS 250.048
and 260.556 as amended by sections 1 and 3 of this 2011 Act. + }
SECTION 6. { + The amendments to ORS 250.048 and 260.556 by
sections 1 and 3 of this 2011 Act become operative on January 1,
2012. + }
SECTION 7. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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