71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1792
 
                         House Bill 3191
 
Sponsored by Representative MERKLEY; Representatives BACKLUND,
  BARNHART, BECK, BOWMAN, GARDNER, GARRARD, JOHNSON, KAFOURY,
  KNOPP, KRIEGER, KROPF, KRUSE, LEE, MORGAN, MORRISETTE,
  ROSENBAUM, SHETTERLY, G SMITH, TOMEI, VERGER, C WALKER, WILSON,
  WITT
 
 
                             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.
 
  Authorizes person who obtains signatures of electors on state
initiative or referendum petition and who is not being paid to
obtain signatures to apply for certification with Secretary of
State. Authorizes person representing entity engaged in obtaining
signatures on state initiative or referendum petition to apply
for certification if persons associated with entity are not being
paid to obtain signatures. Sets certification requirements.
Directs Secretary of State to certify person or entity and issue
badge stating that person obtaining signatures is volunteer. Sets
requirements for wearing badges.
  Authorizes civil penalty of not more than $1,000 for each
violation.
 
                        A BILL FOR AN ACT
Relating to petition circulators; creating new provisions; and
  amending ORS 260.232.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 250. + }
  SECTION 2.  { + (1)(a) A person who obtains signatures of
electors on a state initiative or referendum petition and who is
not paid money or other valuable consideration for obtaining
signatures on the petition may apply for certification with the
Secretary of State. The person may apply for certification by
submitting a signed statement to the Secretary of State
indicating that the person is not being paid money or other
valuable consideration for obtaining signatures.
  (b) Upon receipt of the signed statement, the Secretary of
State shall certify the person as a volunteer signature gatherer
and issue the person an identification number and badge that
includes the words 'I am a State certified VOLUNTEER.' The badge
shall also include the person's identification number and space
for the person's signature.
  (c) After signing the badge, a person certified under this
subsection may wear the badge while obtaining signatures of
electors on state initiative or referendum petitions.
 
  (2) In addition to the provisions of subsection (1) of this
section:
  (a) A person representing an entity engaged in the activity of
obtaining signatures of electors on a state initiative or
referendum petition may apply for certification, on behalf of the
entity, with the Secretary of State. The person may apply for
certification by submitting a signed statement to the Secretary
of State indicating that persons associated with the entity and
obtaining signatures of electors on a state initiative or
referendum petition are not being paid money or other valuable
consideration for obtaining signatures.
  (b) Upon receipt of the signed statement, the Secretary of
State shall certify the entity and issue the person who applied
under this subsection the number of badges requested by the
person. Each badge shall include the words 'I am a State
certified VOLUNTEER representing ______ (name of entity).' Each
badge must include the name of the entity certified under this
subsection.
  (c) Following certification under this subsection, persons
associated with the entity may wear the badge while obtaining
signatures of electors on state initiative or referendum
petitions.
  (3) A person may not wear a badge described in subsection (1)
of this section while obtaining signatures if:
  (a) The person is not certified under subsection (1) of this
section;
  (b) The person has not signed the badge;
  (c) The certification of the person has been revoked under
subsection (6) or (7) of this section; or
  (d) The person is being paid money or other valuable
consideration for obtaining signatures of electors on any state
initiative or referendum petition.
  (4) A person may not wear a badge described in subsection (2)
of this section while obtaining signatures if:
  (a) The person is not associated with the entity certified
under subsection (2) of this section;
  (b) The entity with which the person is associated is not
certified under subsection (2) of this section;
  (c) The certification of the entity has been revoked under
subsection (7) of this section; or
  (d) The person is being paid money or other valuable
consideration for obtaining signatures of electors on any state
initiative or referendum petition.
  (5) The Secretary of State shall establish and maintain a list
of names of persons and entities who have been certified under
subsections (1) and (2) of this section.
  (6) If a person certified under subsection (1) of this section
receives money or other valuable consideration for obtaining
signatures of electors on a state initiative or referendum
petition, the person shall notify the Secretary of State in
writing not later than one business day after receiving payment.
The Secretary of State shall revoke the person's certification
and remove the name of the person from the list described in
subsection (5) of this section. The person may not be certified
again under this section until after the deadline for submitting
signatures on the petition to the Secretary of State.
  (7) The Secretary of State shall revoke the certification of
any person or entity that violates any provision of this section.
The Secretary of State shall revoke the certification of an
entity if a person associated with the entity violates any
provision of this section. The person or entity may not be
certified again under this section until after the deadline for
submitting signatures on the petition to the Secretary of
State. + }
  SECTION 3. ORS 260.232 is amended to read:
 
  260.232. (1) The Secretary of State may impose a civil penalty
as provided in this section, in addition to any other penalty
that may be imposed, for:
  (a) Failure to file a statement or certificate required to be
filed under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073,
260.083, 260.102, 260.112 or 260.118.
  (b) Failure to include in a statement filed under ORS 260.058,
260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118
the information required under ORS 260.083, 260.102 or 260.118.
  (c) Violation of ORS 260.174 { +  or section 2 of this 2001
Act + }.
  (2) If a person required to file has not filed a statement or
certificate complying with applicable provisions of ORS 260.044
(1), 260.058, 260.063, 260.068, 260.073, 260.078, 260.083,
260.085, 260.102, 260.112 or 260.118 within the time specified in
ORS 260.058, 260.063, 260.068, 260.073, 260.078 or 260.118, the
Secretary of State by certified mail shall notify the person that
a penalty may be imposed and that the person has 20 days to
request a hearing before the Secretary of State. If the person
required to file is a candidate or the principal campaign
committee of a candidate, the Secretary of State shall send the
notice described in this subsection by certified mail to the
individual who is the candidate and by first class mail to the
candidate's treasurer or the treasurer of the candidate's
principal campaign committee. The notice sent by certified mail
to the individual who is a candidate shall be used for purposes
of determining the deadline for requesting a hearing under
subsection (3) of this section. The Secretary of State is not
required to send two notices if the candidate serves as the
treasurer of the candidate's principal campaign committee.
  (3) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
Secretary of State:
  (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 person received the notice sent under subsection (2) of
this section;
  (b) Upon request of the filing officer with whom a statement or
certificate was required to be filed but was not filed; or
  (c) Upon the Secretary of State's own motion.
  (4) A hearing under subsection (3) of this section shall be
held not later than 30 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 (3) of 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.
  (5) The Secretary of State 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.
  (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 and other evidence, subject
to the penalty for false swearing, to the Secretary of State for
entry in the hearing record. Such documents must be received by
the secretary not later than three business days before the day
of the hearing.
  (7) A civil penalty imposed under this section shall be not
more than:
  (a) $10,000 for failure to file a statement or certificate
required to be filed under ORS 260.044 (1), 260.058, 260.063,
260.068, 260.073, 260.083, 260.102, 260.112 or 260.118;
  (b) $10,000 for each failure to include in a statement filed
under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102,
260.112 or 260.118 the information required under ORS 260.083,
260.102 or 260.118; or
  (c) $1,000 for each violation of ORS 260.174 { +  or section 2
of this 2001 Act + }.
  (8) The Secretary of State, upon a showing of mitigating
circumstances, may reduce the amount of the penalty described in
subsection (7) of this section.
  (9) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.090.
  SECTION 4.  { + Section 2 of this 2001 Act and the amendments
to ORS 260.232 by section 3 of this 2001 Act apply to persons
obtaining signatures on any state initiative or referendum
petition that, if filed with the Secretary of State with the
required number of signatures of qualified voters, is to be
submitted to the people at a general election occurring on or
after the first Tuesday after the first Monday in November 2002,
regardless of when the prospective petition for the petition is
filed. + }
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