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 2034
 
                   Senate Joint Resolution 11
 
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.
 
  Proposes amendment to Oregon Constitution to require approval
of constitutional amendment by two-thirds vote of people.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.
 
                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 1e to be added to and made a part of
Article IV, and a new section 1a to be added to and made a part
of Article XVII, and by amending section 1, Article IV, and
section 1, Article XVII, such sections to read:
   { +  Sec. 1. + } (1) The legislative power of the state,
except for the initiative and referendum powers reserved to the
people, is vested in a Legislative Assembly, consisting of a
Senate and a House of Representatives.
  (2)(a) The people reserve to themselves the initiative power,
which is to propose laws and amendments to the Constitution and
enact or reject them at an election independently of the
Legislative Assembly.
  (b) An initiative law may be proposed only by a petition signed
by a number of qualified voters equal to six percent of the total
number of votes cast for all candidates for Governor at the
election at which a Governor was elected for a term of four years
next preceding the filing of the petition.
  (c) An initiative amendment to the Constitution may be proposed
only by a petition signed by a number of qualified voters equal
to eight percent of the total number of votes cast for all
candidates for Governor at the election at which a Governor was
elected for a term of four years next preceding the filing of the
petition.
  (d) An initiative petition shall include the full text of the
proposed law or amendment to the Constitution. A proposed law or
amendment to the Constitution shall embrace one subject only and
matters properly connected therewith.
  (e) An initiative petition shall be filed not less than four
months before the election at which the proposed law or amendment
to the Constitution is to be voted upon.
  (3)(a) The people reserve to themselves the referendum power,
which is to approve or reject at an election any Act, or part
thereof, of the Legislative Assembly that does not become
effective earlier than 90 days after the end of the session at
which the Act is passed.
  (b) A referendum on an Act or part thereof may be ordered by a
petition signed by a number of qualified voters equal to four
percent of the total number of votes cast for all candidates for
Governor at the election at which a Governor was elected for a
term of four years next preceding the filing of the petition. A
referendum petition shall be filed not more than 90 days after
the end of the session at which the Act is passed.
  (c) A referendum on an Act may be ordered by the Legislative
Assembly by law. Notwithstanding section 15b, Article V of this
Constitution, bills ordering a referendum and bills on which a
referendum is ordered are not subject to veto by the Governor.
  (4)(a) Petitions or orders for the initiative or referendum
shall be filed with the Secretary of State. The Legislative
Assembly shall provide by law for the manner in which the
Secretary of State shall determine whether a petition contains
the required number of signatures of qualified voters. The
Secretary of State shall complete the verification process within
the 30-day period after the last day on which the petition may be
filed as provided in paragraph (e) of subsection (2) or paragraph
(b) of subsection (3) of this section.
  (b) Initiative and referendum measures shall be submitted to
the people as provided in this section and by law not
inconsistent therewith.
  (c) All elections on initiative and referendum measures shall
be held at the regular general elections, unless otherwise
ordered by the Legislative Assembly.
  (d)   { - Notwithstanding section 1, Article XVII of this
Constitution, an - }   { + An + } initiative  { + law + } or
referendum   { - measure - }   { + on an Act + } becomes
effective 30 days after the day on which it is enacted or
approved by a majority of the votes cast thereon.   { +
Notwithstanding section 1, Article XVII of this Constitution, an
initiative amendment to this Constitution becomes effective 30
days after the day on which it is enacted or approved by
two-thirds of the votes cast thereon. + } A referendum ordered by
petition on a part of an Act does not delay the remainder of the
Act from becoming effective.
  (5) The initiative and referendum powers reserved to the people
by subsections (2) and (3) of this section are further reserved
to the qualified voters of each municipality and district as to
all local, special and municipal legislation of every character
in or for their municipality or district. The manner of
exercising those powers shall be provided by general laws, but
cities may provide the manner of exercising those powers as to
their municipal legislation. In a city, not more than 15 percent
of the qualified voters may be required to propose legislation by
the initiative, and not more than 10 percent of the qualified
voters may be required to order a referendum on legislation.
  (6) Making Signature Gatherers Be Registered Oregon Voters. A
person gathering signatures on an initiative or referendum
petition shall be registered to vote in this state in the manner
provided by law.
   { +  SECTION 1e. + }  { + (1) The amendment to section 1 of
this Article by Senate Joint Resolution 11 (2001) does not apply
to any initiative petition that, if filed with the Secretary of
State with the required number of signatures of qualified voters,
will be submitted to the people at the general election held on
the first Tuesday after the first Monday in November 2002.
  (2) The amendment to section 1 of this Article by Senate Joint
Resolution 11 (2001) does apply to any initiative petition that,
if filed with the Secretary of State with the required number of
signatures of qualified voters, will be submitted to the people
at a general election occurring after the first Tuesday after the
first Monday in November 2002, regardless of when the prospective
petition for the initiative petition is filed.
  (3) This section is repealed December 31, 2004. + }
   { +  Sec. 1. + } Any amendment or amendments to this
Constitution may be proposed in either branch of the legislative
assembly, and if the same shall be agreed to by a majority of all
the members elected to each of the two houses, such proposed
amendment or amendments shall, with the yeas and nays thereon, be
entered in their journals and referred by the secretary of state
to the people for their approval or rejection, at the next
regular general election, except when the legislative assembly
 { - shall order - }   { + orders + } a special election for that
purpose. If   { - a majority - }  { +  two-thirds + } of the
electors voting on any such amendment shall vote in favor
thereof, it shall thereby become a part of this Constitution. The
votes for and against such amendment, or amendments, severally,
whether proposed by the legislative assembly or by initiative
petition, shall be canvassed by the secretary of state in the
presence of the governor, and if it
  { - shall appear - }   { + appears + } to the governor that
 { - the majority - }  { +  two-thirds + } of the votes cast at
said election on said amendment, or amendments, severally, are
cast in favor thereof, it shall be
  { - his - }   { + the + } duty  { + of the governor + }
forthwith after such canvass, by
  { - his - }  proclamation, to declare the said amendment, or
amendments, severally, having received   { - said majority - }
 { + two-thirds + } of  { + the + } votes to have been adopted by
the people of Oregon as part of the Constitution thereof, and the
same shall be in effect as a part of the Constitution from the
date of such proclamation. When two or more amendments shall be
submitted in the manner aforesaid to the voters of this state at
the same election, they shall be so submitted that each amendment
shall be voted on separately. No convention shall be called to
amend or propose amendments to this Constitution, or to propose a
new Constitution, unless the law providing for such convention
shall first be approved by the people on a referendum vote at a
regular general election. This article shall not be construed to
impair the right of the people to amend this Constitution by vote
upon an initiative petition therefor.
   { +  SECTION 1a. + }  { + (1) The amendment to section 1 of
this Article by Senate Joint Resolution 11 (2001) does not apply
to any amendment to this Constitution that is referred to the
people for approval at the general election held on the first
Tuesday after the first Monday in November 2002.
  (2) The amendment to section 1 of this Article by Senate Joint
Resolution 11 (2001) does apply to any amendment to this
Constitution that is referred to the people for approval at any
election occurring after the first Tuesday after the first Monday
in November 2002.
  (3) This section is repealed December 31, 2004. + }
 
  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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