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 2035
 
                         Senate Bill 182
 
Sponsored by Senator TROW
 
 
                             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.
 
  Requires Attorney General to issue advisory opinion on
constitutionality of proposed state initiative measure. Requires
Secretary of State to print advisory opinion in voters' pamphlet.
 
                        A BILL FOR AN ACT
Relating to advisory opinions on proposed state initiative
  measures; creating new provisions; and amending ORS 251.185.
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) Not later than the 20th business day after
the Attorney General receives a copy of a prospective petition
under ORS 250.065, the Attorney General shall review the state
measure to be initiated and prepare and file an advisory opinion
on the proposed state initiative measure. The advisory opinion
shall be filed with the Secretary of State and the chief
petitioners. The Attorney General may confer with the chief
petitioners of the proposed state initiative measure. The opinion
of the Attorney General is advisory only and may be rejected in
whole or in part by the chief petitioners.
  (2) Upon filing the advisory opinion with the Secretary of
State, the Attorney General shall certify to the Secretary of
State that the requirements of subsection (1) of this section
have been satisfied. The Secretary of State shall make the
certification and the advisory opinion available to the public.
  (3) The Attorney General shall review the proposed state
initiative measure for matters of substantive import. The
advisory opinion shall specify, but need not be limited to,
whether the proposed state initiative measure on its face
presents issues that could render the proposed state initiative
measure unconstitutional in whole or in part under the United
States Constitution or the Oregon Constitution and, if so, the
reasons why the proposed state initiative measure is wholly or
partially unconstitutional. + }
  SECTION 3. ORS 251.185 is amended to read:
  251.185. (1) The Secretary of State shall have printed in the
voters' pamphlet for a general election or any special election a
copy of the title and text of each state measure to be submitted
to the people at the election for which the pamphlet was
prepared.
 
   { +  (2) + } Each measure shall be printed in the pamphlet
with { + : + }
   { +  (a) + } The number, ballot title and the financial
estimates under ORS 250.125, if any, to be printed on the
official ballot  { - , - }  { + ; + } and
   { +  (b) + }   { - with the explanatory statement and
arguments relating to it - }  { +  The advisory opinion prepared
by the Attorney General under section 2 of this 2001 Act, the
explanatory statement and the arguments relating to the
measure + }.
    { - (2) - }   { + (3) + } A county measure or measure of a
metropolitan service district organized under ORS chapter 268,
and ballot title, explanatory statement and arguments relating to
the measure, filed by the county or metropolitan service district
under ORS 251.285 shall be included in the voters' pamphlet
described in subsection (1) of this section if required under ORS
251.067.
  SECTION 4.  { + Section 2 of this 2001 Act and the amendments
to ORS 251.185 by section 3 of this 2001 Act apply to state
measures to be initiated for which a prospective petition is
filed on or after the effective date of this 2001 Act. + }
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