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 3377
Senate Joint Resolution 30
Sponsored by Senator DUNCAN
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 constitutional amendment to authorize Legislative
Assembly to convene organizational session on second Monday in
January in odd-numbered years, to authorize Legislative Assembly
to convene regular session on second Monday in September in
odd-numbered years, commencing in 2003, and to authorize
Legislative Assembly to set dates and procedures for completion
and review of reapportionment of Senators and Representatives and
to elect Governor on tie vote at organizational session. Repeals
provisions for reapportionment of Senators and Representatives.
Refers proposed amendment to people for their approval or
rejection at special election held on same date as next biennial
primary 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 repealing section 6, Article IV, and by amending sections 3, 8
and 10, Article IV, section 5, Article V, and section 2, Article
XVII, such sections to read:
{ + Sec. 8. + } (1) No person shall be a Senator or
Representative who at the time of election is not a citizen of
the United States; nor anyone who has not been for one year next
preceding the election an inhabitant of the district from which
the Senator or Representative may be chosen. However, for
purposes of the general election next following the operative
date of an apportionment
{ - under section 6 of this Article - } , the person must have
been an inhabitant of the district from January 1 of the year
following the reapportionment to the date of the election.
(2) Senators and Representatives shall be at least twenty one
years of age.
(3) No person shall be a Senator or Representative who has been
convicted of a felony during:
(a) The term of office of the person as a Senator or
Representative; or
(b) The period beginning on the date of the election at which
the person was elected to the office of Senator or Representative
and ending on the first day of the term of office to which the
person was elected.
(4) No person is eligible to be elected as a Senator or
Representative if that person has been convicted of a felony and
has not completed the sentence received for the conviction prior
to the date that person would take office if elected. As used in
this subsection, 'sentence received for the conviction' includes
a term of imprisonment, any period of probation or post-prison
supervision and payment of a monetary obligation imposed as all
or part of a sentence.
(5) Notwithstanding sections 11 and 15, Article IV of this
Constitution:
(a) The office of a Senator or Representative convicted of a
felony during the term to which the Senator or Representative was
elected or appointed shall become vacant on the date the Senator
or Representative is convicted.
(b) A person elected to the office of Senator or Representative
and convicted of a felony during the period beginning on the date
of the election and ending on the first day of the term of office
to which the person was elected shall be ineligible to take
office and the office shall become vacant on the first day of the
next term of office.
(6) Subject to subsection (4) of this section, a person who is
ineligible to be a Senator or Representative under subsection (3)
of this section may:
(a) Be a Senator or Representative after the expiration of the
term of office during which the person is ineligible; and
(b) Be a candidate for the office of Senator or Representative
prior to the expiration of the term of office during which the
person is ineligible.
(7) No person shall be a Senator or Representative who at all
times during the term of office of the person as a Senator or
Representative is not an inhabitant of the district from which
the Senator or Representative may be chosen or has been appointed
to represent. A person shall not lose status as an inhabitant of
a district if the person is absent from the district for purposes
of business of the Legislative Assembly. Following the operative
date of an apportionment { - under section 6 of this
Article - } , until the expiration of the term of office of the
person, a person may be an inhabitant of any district.
{ + (8)(a) The Legislative Assembly may by law prescribe the
dates and procedures for completion and judicial review of
reapportionment of Senators and Representatives.
(b) If reapportionment is to be done by the Legislative
Assembly, then in a year following an enumeration of the
inhabitants by the United States Government, the Legislative
Assembly may meet in a session commencing on July 1 and
adjourning no later than July 31 for the purpose of fixing by law
and apportioning among legislative districts the number of
Senators and Representatives. + }
{ + Sec. 10. + } { + (1) + } The { + regular + } sessions
of the Legislative Assembly shall be held biennially at the
Capitol of the State commencing on the second Monday of
September { + 2003 + }, { - in the year eighteen hundred and
fifty eight, - } and on the same day of every second year
thereafter, unless a different day shall have been appointed by
law. { - - - }
{ + (2) The Legislative Assembly may meet in an
organizational session commencing on the second Monday of January
2003, and on the same day of every second year thereafter, unless
a different day shall have been appointed by law. The
organizational session shall be held for the purposes of
organizing the Senate and House of Representatives, choosing
officers, judging the elections, qualifications and returns of
the Senators and Representatives, determining rules of
proceeding, hearing the election results for the office of
Governor and considering vetoed measures.
(3) In the interims between sessions, committees of the
Legislative Assembly may meet to hold public hearings and work
sessions for purposes of introducing and considering proposed
measures. + }
{ + Sec. 3. + } (1) The senators and representatives shall be
chosen by the electors of the respective counties or districts or
subdistricts within a county or district into which the state may
from time to time be divided by law.
(2) If a vacancy in the office of senator or representative
from any county or district or subdistrict shall occur, such
vacancy shall be filled as may be provided by law. A person who
is appointed to fill a vacancy in the office of senator or
representative shall have been an inhabitant of the district the
person is appointed to represent for at least one year next
preceding the date of the appointment. However, for purposes of
an appointment occurring during the period beginning on January 1
of the year next following the operative date of an apportionment
{ - under section 6 of this Article - } , the person must have
been an inhabitant of the district for one year next preceding
the date of the appointment or from January 1 of the year
following the reapportionment to the date of the appointment,
whichever is less.
{ + Sec. 5. + } The person having the highest number of votes
for Governor, shall be elected; but in case two or more persons
shall have an equal and the highest number of votes for Governor,
the two houses of the Legislative Assembly at the next
{ - regular - } { + organizational + } session thereof, shall
forthwith by joint vote, proceed to elect one of the
{ - said - } persons Governor. { - - - }
{ + Sec. 2. + } (1) In addition to the power to amend this
Constitution granted by section 1, Article IV, and section 1 of
this Article, a revision of all or part of this Constitution may
be proposed in either house of the Legislative Assembly and, if
the proposed revision is agreed to by at least two-thirds of all
the members of each house, the proposed revision 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, notwithstanding section 1, Article IV of this
Constitution, at the next regular state-wide primary election,
except when the Legislative Assembly orders a special election
for that purpose. A proposed revision may deal with more than one
subject and shall be voted upon as one question. The votes for
and against the proposed revision shall be canvassed by the
Secretary of State in the presence of the Governor and, if it
appears to the Governor that the majority of the votes cast in
the election on the proposed revision are in favor of the
proposed revision, { - he - } { + the Governor + } shall,
promptly following the canvass, declare, by
{ - his - } proclamation, that the proposed revision has
received a majority of votes and has been adopted by the people
as the Constitution of the State of Oregon or as a part of the
Constitution of the State of Oregon, as the case may be. The
revision shall be in effect as the Constitution or as a part of
this Constitution from the date of such proclamation.
(2) Subject to subsection (3) of this section, an amendment
proposed to the Constitution under section 1, Article IV, or
under section 1 of this Article may be submitted to the people in
the form of alternative provisions so that one provision will
become a part of the Constitution if a proposed revision is
adopted by the people and the other provision will become a part
of the Constitution if a proposed revision is rejected by the
people. A proposed amendment submitted in the form of alternative
provisions as authorized by this subsection shall be voted upon
as one question.
(3) Subsection (2) of this section applies only when:
(a) The Legislative Assembly proposes and refers to the people
a revision under subsection (1) of this section; and
(b) An amendment is proposed under section 1, Article IV, or
under section 1 of this Article; and
(c) The proposed amendment will be submitted to the people at
an election held during the period between the adjournment of the
{ - legislative - } session at which the proposed revision is
referred to the people and the next { - regular legislative - }
session.
PARAGRAPH 2. { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at a special election held throughout this state on the same date
as the next biennial primary election. + }
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