05/07/1998 08:15 PM House FIN

SENATE BILL NO. 313                                                            
                                                                               
"An Act relating to sponsor certification of                                   
initiative petitions; relating to sponsor                                      
identification during petition circulation; relating                           
to the violability of an initiated law; placing                                
limitations on the compensation that may be paid to                            
sponsors of initiative petitions; prohibiting payments                         
to persons who sign or refrain from signing initiative                         
petitions; and repealing procedures for filing a                               
supplementary initiative petition."                                            
                                                                               
MARILYN WILSON, STAFF, SENATOR BERT SHARP, explained that                      
SB 313 was an effort to bring the initiative process back                      
to a more grassroots effort.  SB 313 would require visual                      
identification of name and a voter registration                                
identification number of the petition circulators.  The                        
legislation would also prohibit payment per signature by                       
the sponsor.                                                                   
                                                                               
Ms. Wilson continued, the legislation would prohibit paying                    
a person to sign a petition.  In addition, existing law                        
grants a 30-day extension to a sponsor if they are                             
unsuccessful in obtaining the required number of verified                      
signatures within the allocated time frame.  SB 313 would                      
eliminate the 30-day extension.  If the required number of                     
signatures is not successfully obtained, the initiative                        
simply does not appear on the ballot.  She urged members to                    
consider passage of the legislation.                                           
                                                                               
Representative Mulder MOVED to adopt Amendment #1.  [Copy                      
on File].  Representative Mulder explained that the                            
amendment would create a new category of petition name                         
collectors, from a contract employee to a regular employee,                    
which would then require workman's compensation and other                      
benefits.  He acknowledged that he understood the intention                    
of the sponsor was that these people are volunteers or                         
receive a nominal fee for signature collection.  The                           
amendment would address the concern which keeps people on                      
as contract employees.                                                         
                                                                               
Representative Martin commented that the public should be                      
informed if the ballot collector was being paid per                            
signature.  Representative Therriault responded that the                       
bill does not require disclosure before promoting                              
signatures.                                                                    
                                                                               
Representative J. Davies pointed out that in the Supreme                       
Court case Myer versus Grant, a similar State ban was                          
invalidated on payment to initiative gathers, referencing                      
1st Amendment grounds.  He added that the Department of Law                    
has stated that any strict limit on payment raises similar                     
constitutional ground issues.  Co-Chair Therriault                             
questioned if that opinion had been drafted to the                             
prohibition.  Representative J. Davies replied that the                        
case had been a ban on payment.                                                
                                                                               
Co-Chair Therriault inquired if previous Committee hearings                    
had discussed the need for a ban.  Ms. Wilson replied that                     
no discussion pertaining to the ban had been heard in                          
previous Committees of referral.                                               
                                                                               
Representative Grussendorf pointed out that paying people                      
to collect signatures is counter to democracy.  He noted                       
his surprise that the issue had not been brought forward in                    
the House Judiciary Committee.  Co-Chair Therriault                            
disagreed, stating that it should be allowed.                                  
                                                                               
Representative J. Davies remarked that a person paid by the                    
hour would be less obtrusive than the person being paid by                     
the signature.  He thought that existing language would                        
less likely be challenged.                                                     
                                                                               
(Tape Change HFC 98- 162, Side 2).                                             
                                                                               
In response to Representative Mulder, Ms. Wilson noted that                    
the bill would eliminate the 30-day extension.                                 
Representative Grussendorf asked if that would be for all                      
petitions or only the ones, which there was a monetary wage                    
assigned.  Ms. Wilson stated that it would be for all.                         
                                                                               
SB 313 was HELD in Committee for further consideration.