71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to HB 2213
 
LC 706/HB 2213-7
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2213
 
             By COMMITTEE ON RULES AND REDISTRICTING
 
                             June 20
 
  On page 1 of the printed bill, line 2, delete the first ' and'.
  In line 3, after '250.085' insert '; and declaring an
emergency'.
  Delete lines 29 and 30.
  On page 2, delete lines 1 through 26 and insert:
  '  { +  SECTION 2. + } ORS 250.085 is amended to read:
  ' 250.085. (1) Any elector dissatisfied with a ballot title
prepared by the Legislative Assembly for a measure referred to
the people by the assembly and filed with the Secretary of State
may petition the Supreme Court seeking a different title. The
petition shall state the reasons that the title filed with the
Secretary of State does not substantially comply with the
requirements of ORS 250.035.
  ' (2) Any elector dissatisfied with a ballot title for an
initiated or referred measure certified by the Attorney General
and who timely submitted written comments on the draft ballot
title may petition the Supreme Court seeking a different title.
The petition shall state the reasons that the title filed with
the Secretary of State does not substantially comply with the
requirements of ORS 250.035.
  ' (3) The petition shall name the Attorney General as the
respondent and must be filed:
  ' (a) Not later than the 10th business day after the Attorney
General certifies a ballot title to the Secretary of State; or
  ' (b) If the title is provided by the Legislative Assembly
under ORS 250.075, not later than the 10th business day after the
Legislative Assembly files the ballot title with the Secretary of
State.
  ' (4) An elector filing a petition under this section shall
notify the Secretary of State in writing that the petition has
been filed. The notice   { - shall be given - }   { + must be
received in the office of the Secretary of State + } not later
than 5 p.m. on the next business day following the day the
petition is filed.
  ' (5) The   { - court - }   { + Supreme Court + } shall review
the title for substantial compliance with the requirements of ORS
250.035  { - , and shall certify a title meeting this standard to
the Secretary of State - } .
  ' (6) When reviewing a title prepared by the Attorney General,
the   { - court - }   { + Supreme Court + } shall not consider
arguments concerning the ballot title not presented in writing to
the Secretary of State unless the court determines that the
argument concerns language added to or removed from the draft
title after expiration of the comment period provided in ORS
250.067.
  ' (7) The review by the Supreme Court shall be conducted
expeditiously to   { - insure - }   { + ensure + } the orderly
and timely circulation of the petition or conduct of the election
at which the measure is to be submitted to the electors.
 
   { +  ' (8) If the Supreme Court determines that the title
certified by the Attorney General or prepared by the Legislative
Assembly substantially complies with the requirements of ORS
250.035, the court shall certify the title to the Secretary of
State. If the Supreme Court determines that the title certified
by the Attorney General or prepared by the Legislative Assembly
does not substantially comply with the requirements of ORS
250.035, the court shall modify the ballot title and certify the
ballot title to the Secretary of State or refer the ballot title
to the Attorney General for modification.
  ' (9) Not later than five business days after the Supreme Court
refers a ballot title to the Attorney General under this section,
the Attorney General shall file a modified ballot title with the
Supreme Court and serve copies of the modified ballot title on
all parties to the ballot title review proceeding. If no party to
the ballot title review proceeding files an objection to the
modified ballot title within five business days after the date
the modified ballot title is filed, the Supreme Court shall
certify the modified ballot title to the Secretary of State and
enter an appellate judgment the next judicial day. If any of the
parties to the ballot title review proceeding timely files a
petition objecting to the modified ballot title, the Supreme
Court shall review the modified ballot title to determine whether
the modified ballot title substantially complies with the
requirements of ORS 250.035.
  ' (10) Upon the filing of a petition under subsection (9) of
this section objecting to a modified ballot title:
  ' (a) If the Supreme Court determines that the modified ballot
title substantially complies with the requirements of ORS
250.035, the court shall certify the modified ballot title to the
Secretary of State; or
  ' (b) If the Supreme Court determines that the modified ballot
title does not substantially comply with the requirements of ORS
250.035, the court shall modify the ballot title and certify the
ballot title to the Secretary of State or refer the modified
ballot title to the Attorney General for additional modification
and further proceedings under subsection (9) of this section. + }
' .
  Delete lines 30 and 31 and insert:
  ' (2) The amendments to ORS 250.085 by section 2 of this 2001
Act apply to:
  ' (a) Petitions seeking a different ballot title filed with the
Supreme Court prior to the effective date of this 2001 Act for
which the Supreme Court has not yet certified a ballot title as
of the effective date of this 2001 Act; and
  ' (b) Petitions seeking a different ballot title filed with the
Supreme Court on or after the effective date of this 2001 Act.
  '  { +  SECTION 4. + }  { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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