71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. HB 2581 (A to RC)
LC 1201/HB 2581-A9
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2581
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON RULES AND REDISTRICTING
July 4
On page 1 of the printed A-engrossed bill, line 6, after '
260.993' insert 'and section 3, chapter 489, Oregon Laws 2001
(Enrolled Senate Bill 216)'.
In line 7, delete 'and section 3, chapter 793, Oregon Laws
1999'.
On page 26, delete lines 3 through 12 and insert:
' { + NOTE: + } Sections 50 through 52 were deleted by
amendment. Subsequent sections were not renumbered.'.
On page 29, delete lines 20 through 45 and delete pages 30
through 32.
On page 33, delete lines 1 through 29 and insert:
' { + SECTION 56. + } { + If House Bill 2575 becomes law,
section 55 of this 2001 Act (amending ORS 260.118) is repealed
and ORS 260.118, as amended by section 1, chapter ___, Oregon
Laws 2001 (Enrolled House Bill 2575), is amended to read: + }
' 260.118. (1) { - Before - } { + As provided in subsection
(2) of this section, + } the chief petitioners of a statewide
initiative or referendum petition or any recall petition
{ - receive a contribution or make an expenditure relating to
the statewide initiative or referendum petition or any recall
petition, the petitioners - } shall:
' (a) Appoint a treasurer and certify the name and address of
the treasurer to the filing officer. The treasurer shall be an
elector of this state. Contributions shall be received and
expenditures made by or through the treasurer.
' (b) File a statement of organization with the appropriate
filing officer. The statement shall include:
' (A) The name and address of the chief petitioners.
' (B) The name and address of the treasurer appointed under
paragraph (a) of this subsection.
' (C) A designation of the statewide initiative or referendum
petition or the recall petition. The designation of the recall
petition shall include the name of the officer whose recall is
demanded.
' (D) A statement of how the petitioners intend to solicit
funds.
' { + (2) The chief petitioners shall certify the name of the
treasurer and file the statement of organization not later than
the third business day after the chief petitioners receive a
contribution or make an expenditure relating to the statewide
initiative or referendum petition or any recall petition. + }
' { - (2) - } { + (3) + } Any change in the information
{ - required - } { + submitted in a statement of
organization + } under subsection (1) of this section shall be
indicated in an amended certification or an amended statement of
organization filed not later than the 10th day after the change
in information.
' { - (3) - } { + (4) + } For each statewide initiative
petition, not sooner than the 15th day before the date of the
biennial primary election and not later than the 12th day before
the date of the biennial primary election, the treasurer
appointed under subsection (1) of this section shall file with
the Secretary of State a statement described in subsection
{ - (7) - } { + (8) + } of this section. The accounting period
for the statement begins on the date that the name of the
treasurer is certified to the Secretary of State under subsection
(1) of this section or on the day following the last day of the
accounting period for the previous statement filed and ends on
the 16th day before the date of the biennial primary election.
The statement required under this subsection shall be filed
whether or not the petition was completed or filed or was
withdrawn under ORS 250.029.
' { - (4) - } { + (5) + } In addition to the statement
required under subsection { - (3) - } { + (4) + } of this
section, for each statewide initiative petition, the treasurer
appointed under subsection (1) of this section shall file with
the Secretary of State a statement described in subsection
{ - (7) - } { + (8) + } of this section for each period
described in this subsection. A statement shall be filed under
this subsection beginning with the period during which the
aggregate amount of contributions received or expenditures made
exceeds $2,000. The following statements shall be filed:
' (a) A statement of contributions received and expenditures
made filed not later than September 10 of an odd-numbered year.
The accounting period for the statement required under this
paragraph begins on the date the treasurer is appointed under
subsection (1) of this section and ends on September 1.
' (b) A statement of contributions received and expenditures
made filed not later than February 6 of an even-numbered year.
The accounting period for the statement required under this
paragraph begins on the date the treasurer is appointed under
subsection (1) of this section or on the day following the last
day of the accounting period for the previous statement filed and
ends on January 28.
' { - (5) - } { + (6) + } Not later than the 15th day after
the last day for filing a statewide initiative or referendum
petition or any recall petition with the filing officer for
verification of signatures, the treasurer appointed under
subsection (1) of this section shall file with the filing officer
a statement described in subsection { - (7) - } { + (8) + }
of this section. The statement required under this subsection
shall be filed whether or not the petition was completed or filed
or was withdrawn under ORS 250.029.
' { - (6) - } { + (7) + } Not later than the 15th day after
the date an initiative or referendum petition that is not
statewide is filed with the filing officer for verification of
signatures, the chief petitioners of the initiative or referendum
petition shall file with the filing officer a statement described
in subsection { - (7) - } { + (8) + } of this section.
' { - (7) - } { + (8) + } The statement referred to in
subsections { - (3) to (6) - } { + (4) to (7) + } of this
section shall include the following information:
' (a) The name and address of the chief petitioner.
' (b) A designation of the initiative, referendum or recall
petition. The designation of any recall petition shall include
the name of the officer whose recall is demanded.
' (c) A statement conforming to ORS 260.083 of contributions
received and expenditures made.
' { - (8)(a) - } { + (9)(a) + } For a statewide initiative
petition, the accounting period for the statement required by
subsection { - (5) - } { + (6) + } of this section begins on
the 15th day before the date of the biennial primary election and
ends on the deadline for submitting signatures for verification.
' (b) For a statewide referendum petition, the accounting
period for the statement required by subsection { - (5) - }
{ + (6) + } of this section begins on the date that the name of
the treasurer is certified to the filing officer under
{ - subsection (1) of - } this section. The accounting period
ends on the deadline for submitting signatures for verification.
' (c) For a recall petition, the accounting period for the
statement required by subsection { - (5) - } { + (6) + } of
this section begins on the day after the date on which the
statement of contributions received and expenditures made
required under ORS 249.865 is filed. The accounting period ends
on the deadline for submitting signatures for verification.
' (d) For an initiative or referendum petition that is not
statewide, the accounting period for the statement required by
subsection { - (6) - } { + (7) + } of this section begins on
the date the prospective petition is filed and ends on the date
that signatures are submitted for verification.
' { - (9)(a) - } { + (10)(a) + } If a statement filed under
subsection
{ - (5) - } { + (6) + } of this section for a statewide
initiative or referendum petition or any recall petition that did
not qualify for the ballot shows an unexpended balance of
contributions or an expenditure deficit, and the chief
petitioner's committee does not intend to support or oppose a
measure that is on the subsequent general election ballot, a
supplemental statement shall be filed annually not later than
September 10.
' (b) If a statement filed under this section for a statewide
initiative or referendum petition or any recall petition that did
not qualify for the ballot shows an unexpended balance of
contributions or an expenditure deficit, and the chief
petitioner's committee intends to support or oppose a measure
that is on the subsequent general election ballot, that committee
shall not file a supplemental statement in that year, but shall
file the statements required under ORS 260.073. Supplemental
statements shall be filed annually for each following year not
later than September 10.
' (c) The accounting period for the statement required by this
subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
' { - (10) - } { + (11) + } As used in this section,
'contribution' and ' expenditure' include a contribution or
expenditure to or on behalf of an initiative, referendum or
recall petition.
' { + NOTE: + } Sections 57 and 58 were deleted by amendment.
Subsequent sections were not renumbered.'.
On page 43, after line 9, insert:
' { + SECTION 63a. + } If Senate Bill 216 becomes law,
section 3, chapter 489, Oregon Laws 2001 (Enrolled Senate Bill
216), is amended to read:
' { + Sec. 3. + } (1) If a chief petitioner of a statewide
initiative or referendum petition has knowledge of a violation of
any provision of Oregon Revised Statutes { - relating to the
conduct of any election - } or of any rule adopted by the
Secretary of State under ORS chapters 246 to 260 { + related to
the circulation of a statewide initiative or referendum
petition + } committed by a person obtaining signatures on the
chief petitioner's petition, the violation by the person
obtaining signatures shall be conclusively considered a violation
by the chief petitioner.
' { + (2) A chief petitioner shall not be liable under
subsection (1) of this section if the chief petitioner notifies
the Secretary of State in writing not later than one business day
after the chief petitioner obtains knowledge of a potential
violation. The notice shall state:
' (a) That a potential violation has occurred;
' (b) The nature of the potential violation; and
' (c) All specific information known to the chief petitioner
regarding the potential violation. + }
' { - (2) - } { + (3) + } If a statewide initiative or
referendum petition has more than one chief petitioner, { - no
more than one - } { + each + } chief petitioner { + with
knowledge + } may be held liable under subsection (1) of this
section.
' { + (4) + } This section does not apply to a violation of
law that is subject to criminal penalty.'.
Delete line 21 and insert:
' { + NOTE: + } Section 65 was deleted by amendment.
Subsequent sections were not renumbered.'.
In line 27, delete '63' and insert '63a'.
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