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 1744
Senate Bill 12
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Rules and
Executive Appointments Committee for Senator Avel Gordly,
Senator Marylin Shannon)
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.
Sets procedure for statewide special election on ___ Joint
Resolution ___ (2001) (LC 1743).
Appropriates moneys from General Fund to Secretary of State for
expenses of submitting measure to people at special election held
on May 15, 2001.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to a special election; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Except as otherwise provided in this 2001 Act,
ORS chapters 250, 251 and 254 apply to the election on the
measure submitted under ___ Joint Resolution ___ (2001) (LC
1743). + }
SECTION 2. { + The measure referred to in section 1 of this
2001 Act and that is referred to the people by the Legislative
Assembly shall be submitted to the electors for their approval or
rejection at a special election held throughout this state on May
15, 2001. + }
SECTION 3. { + (1) This section applies to the preparation of
a ballot title for the measure referred to in section 1 of this
2001 Act only if a measure containing a ballot title prepared by
the Legislative Assembly for the measure does not become law
by ___, 2001.
(2) ORS 250.075 (2) governs the preparation of a ballot title
under this section, except that:
(a) The Attorney General shall file a draft ballot title for
the measure with the Secretary of State not later than the fifth
business day after the measure, or this 2001 Act, is filed with
the Secretary of State, whichever date is later; and
(b) The Attorney General shall not send a copy of the draft
ballot title to each member of the Legislative Assembly.
(3) ORS 250.067 applies to a ballot title prepared under this
section, except that the Secretary of State by rule shall:
(a) Establish a deadline for submitting written comments
concerning the draft ballot title; and
(b) Establish a deadline for the Attorney General to certify to
the Secretary of State either the draft ballot title or a revised
ballot title.
(4) ORS 250.085 shall not apply to a ballot title prepared
under this section. The ballot title prepared under this section
shall be the ballot title printed in the voters' pamphlet and as
provided in section 8 of this 2001 Act. + }
SECTION 4. { + (1) The financial estimate for the measure
referred to in section 1 of this 2001 Act shall be prepared
according to ORS 250.125 and 250.127, except that the Secretary
of State by rule shall:
(a) Establish a deadline for filing the estimate described in
ORS 250.125;
(b) Provide for a public hearing on the estimate;
(c) Establish a deadline for filing any revised estimate;
(d) Establish a deadline for certification of the estimate; and
(e) Establish a deadline for preparation, filing and
certification of the estimate by the Secretary of State if three
of the officials named in ORS 250.125 do not approve the
estimate.
(2) ORS 250.131 does not apply to the financial estimate
prepared under this section. The financial estimate prepared
under this section shall be the financial estimate printed in the
voters' pamphlet and as provided in section 8 of this 2001
Act. + }
SECTION 5. { + (1) This section applies to the preparation of
an explanatory statement for the measure referred to in section 1
of this 2001 Act only if a measure containing an explanatory
statement prepared by the Legislative Assembly for the measure
does not become law by ___, 2001.
(2) ORS 251.205 and 251.215 apply to the preparation of the
explanatory statement for the measure referred to in section 1 of
this 2001 Act, except that the Secretary of State by rule shall
establish a deadline for selection of a committee to prepare the
explanatory statement, provide for a public hearing on the
statement and establish deadlines for filing the statement and
any revised statement. The members of the committee shall be
selected in the manner provided in ORS 251.205.
(3) Notwithstanding ORS 251.225, if an explanatory statement is
not filed by a committee under ORS 251.215, the Legislative
Counsel shall prepare an impartial, simple and understandable
statement of not more than 500 words explaining the measure. The
statement of the Legislative Counsel shall be the explanatory
statement of the measure. The Secretary of State by rule shall
establish a deadline for filing a statement under this
subsection.
(4) ORS 250.235 does not apply to an explanatory statement
prepared under this section. The explanatory statement prepared
under this section shall be the explanatory statement printed in
the voters' pamphlet.
(5) For purposes of this section, the election referred to in
ORS 251.205, 251.215 and 251.295 shall be the special election
held on the date specified in section 2 of this 2001 Act. + }
SECTION 6. { + Arguments relating to the measure referred to
in section 1 of this 2001 Act may be filed with the Secretary of
State under ORS 251.245 and 251.255, except that an argument
shall be filed not later than the date set by the Secretary of
State by rule. Notwithstanding ORS 192.410 to 192.505 relating to
public records, an argument filed under this section is exempt
from public inspection until the fourth business day after the
deadline for filing the argument. + }
SECTION 7. { + (1) The Secretary of State shall cause to be
printed in a voters' pamphlet the number, ballot title and text
of the measure referred to in section 1 of this 2001 Act and the
financial estimate, explanatory statement and arguments relating
to the measure. The Secretary of State shall also print in the
voters' pamphlet any other material required by law.
Notwithstanding ORS 251.026, the Secretary of State shall include
in the voters' pamphlet the information or statements described
in ORS 251.026 that the Secretary of State considers applicable
to the election on the measure referred to in section 1 of this
2001 Act. Notwithstanding ORS 251.285, the measure referred to in
section 1 of this 2001 Act shall be the only measure included in
the voters' pamphlet prepared under this 2001 Act.
(2) Not later than the 10th day before the election, the
Secretary of State shall cause the voters' pamphlet to be mailed
to each post-office mailing address in Oregon and may use any
additional means of distribution necessary to make the pamphlet
available to electors.
(3) In preparing the voters' pamphlet under this section, the
Secretary of State is not required to comply with ORS 279.011 to
279.063 relating to competitive bidding. + }
SECTION 8. { + (1) The Secretary of State shall prepare and
deliver to each county clerk by the most expeditious means
practicable a certified statement of the measure referred to in
section 1 of this 2001 Act. The Secretary of State shall include
with the statement the number, financial estimate and full ballot
title of the measure, and any other information required by law.
The Secretary of State shall keep a copy of the statement.
(2) The county clerks shall print on the ballot the number,
financial estimate and full ballot title of the measure, along
with any other material required by law. In lieu of printing the
financial estimate, the summary portion of the ballot title or
other material required by law on the ballot, a county clerk may
include with the ballot the complete text of the ballot title,
the financial estimate and any other material required by
law. + }
SECTION 9. { + (1) The Secretary of State may adopt rules
governing the procedures for conducting the election on the
measure referred to in section 1 of this 2001 Act as may be
necessary to implement this 2001 Act.
(2) Notwithstanding ORS 254.465, the election on the measure
referred to in section 1 of this 2001 Act shall be conducted by
mail in all counties in this state as provided under ORS 254.470.
(3) Notwithstanding any provision of section 3 or 5 of this
2001 Act, on or after the effective date of this 2001 Act, the
Secretary of State may take any action necessary to facilitate
the preparation of a ballot title or explanatory statement as
described in sections 3 and 5 of this 2001 Act. If a measure
containing a ballot title or explanatory statement prepared by
the Legislative Assembly becomes law by ___, 2001, the ballot
title or explanatory statement prepared by the Legislative
Assembly shall be the ballot title or explanatory statement
printed in the voters' pamphlet and as provided in section 8 of
this 2001 Act. + }
SECTION 10. { + (1) In addition to and not in lieu of any
other appropriation or moneys made available by law or from other
sources, there is appropriated out of the General Fund, to the
Secretary of State, for the biennium ending June 30, 2001, the
amount of $___, for the payment of direct expenses of this state
incurred in submitting, by action of the Legislative Assembly,
any measure to the people at a special election held throughout
this state on May 15, 2001.
(2) Any part of the appropriation under subsection (1) of this
section that is unexpended and unobligated on July 1, 2001, shall
revert to the General Fund. + }
SECTION 11. { + 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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