72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 489
A-Engrossed
House Bill 2144
Ordered by the House May 14
Including House Amendments dated May 14
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State Bill
Bradbury)
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.
{ + Creates financial estimate committee. Specifies duties
relating to estimates of financial effects of ballot
measures. + }
Allows estimate of financial effect of state measure on state
or local governments printed in voters' pamphlet and on ballot to
include estimate of financial effect on state and local
governments if measure is not enacted.
Requires estimate of financial effect of enacting state measure
to specify amount of financial effect, that measure has financial
effect of less than $100,000 or that measure has no financial
effect.
{ - Allows designees of officials responsible for preparing
financial estimates to vote to approve or oppose any estimate.
Specifies that vote of designee be recorded as vote by
official. - }
A BILL FOR AN ACT
Relating to estimates of financial impact of state measures;
creating new provisions; and amending ORS 250.125, 250.127,
250.131 and 251.185.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.125 is amended to read:
250.125. (1) When a state measure involves expenditure of
public { - money - } { + moneys + } by the state, reduction
of expenditure of public { - money - } { + moneys + } by the
state, reduction of state revenues or raising of funds by the
state by imposing any tax or incurring any indebtedness, the
{ - Secretary of State, the State Treasurer, the Director of the
Oregon Department of Administrative Services and the Director of
the Department of Revenue - } { + financial estimate committee
created under this section + } shall estimate { + :
(a) + } The amount of direct expenditure, direct reduction of
expenditure, direct reduction in state revenues, direct tax
revenue or indebtedness and interest which will be required to
meet the provisions of the measure if it is enacted { - . The
estimate shall state the recurring annual amount involved or, if
the measure does not involve a recurring annual amount, the total
amount. - } { + ; and + }
{ - (2) - } { + (b) + } { - The officials named in
subsection (1) of this section shall also estimate - } The
aggregate amount of direct expenditure, direct reduction of
expenditure, direct reduction in revenues, direct tax revenue or
indebtedness and interest which will be required by any city,
county or district to meet the provisions of the measure { + if
it is enacted + }.
{ + (2) For a state measure for which an estimate is required
to be prepared under subsection (1) of this section, the
financial estimate committee may also estimate the amount of
direct expenditure, direct reduction of expenditure, direct
reduction in revenues, direct tax revenue or indebtedness and
interest that will result for the state or any city, county or
district if the measure is not enacted. + }
(3) The estimates { + described in subsections (1) and (2) of
this section + } shall be printed in the voters' pamphlet and on
the ballot { - unless the measure involves only state agency
expenses not exceeding $100,000 per year - } . { + The estimates
shall be impartial, simple and understandable and may include,
but are not limited to, the following information:
(a) A statement that the measure will have no financial effect
on state or local government expenditures, revenues or
indebtedness;
(b) A statement that the effect on state or local government
expenditures, revenues or indebtedness will not exceed $100,000;
(c) A statement of the amount of financial effect on state or
local government expenditures, revenues or indebtedness,
expressed as a specific amount or as a range of amounts;
(d) A statement of the recurring annual amount of financial
effect on state or local government expenditures, revenues or
indebtedness; or
(e) A description of the most likely financial effect or
effects of the adoption or defeat of the measure. + }
{ - (4) If the officials named in subsection (1) of this
section determine that the measure, if it is enacted, will have
no financial effect except as described in subsection (3) of this
section, the words 'no financial effect on state or local
government expenditures or revenues' shall be printed in the
voters' pamphlet and on the ballot. - }
{ + (4) In addition to the estimates described in subsections
(1) and (2) of this section, if the financial estimate committee
considers it necessary, the committee may prepare and file with
the Secretary of State an impartial, simple and understandable
statement explaining the financial effects of the measure. The
statement may not exceed 500 words. The statement shall be
printed in the voters' pamphlet with the measure to which it
relates. + }
(5) The Legislative Administration Committee shall provide any
administrative staff assistance required by the { - officials
named in subsection (1) of this section - } { + financial
estimate committee + } to facilitate the work of the
{ - officials - } { + financial estimate committee + } under
this section or ORS 250.127.
{ + (6) The financial estimate committee is created,
consisting of the Secretary of State, the State Treasurer, the
Director of the Oregon Department of Administrative Services, the
Director of the Department of Revenue, the chair of the House
Ways and Means Committee, the chair of the Senate Ways and Means
Committee and a representative of a city, county or district with
expertise in local government finance. The representative of a
city, county or district shall be selected by the six other
members of the financial estimate committee and shall serve for a
term of two years that begins on March 1 of the odd-numbered
year. If the financial estimate committee meets when the
Legislative Assembly is not in session, the following apply:
(a) The chairs of the House and Senate Ways and Means
Committees are the persons who held those positions in the
regular or special session of the Legislative Assembly
immediately preceding the meeting of the financial estimate
committee; and
(b) If a person who held the position of chair of the House or
Senate Ways and Means Committee in the regular or special session
of the Legislative Assembly immediately preceding the meeting of
the financial estimate committee is no longer a member of the
Legislative Assembly and:
(A) The person was a member of the House of Representatives,
the Speaker of the House of Representatives shall fill the
vacancy on the financial estimate committee.
(B) The person was a member of the Senate, the President of the
Senate shall fill the vacancy on the financial estimate
committee. + }
SECTION 2. ORS 250.127 is amended to read:
250.127. (1) Not later than the 99th day before a special
election held on the date of a primary election or any general
election at which any state measure is to be submitted to the
people, the { - officials named in - } { + financial estimate
committee created under + } ORS 250.125 shall prepare and file
with the Secretary of State { - , - } { + the + } estimates
{ - as - } described in ORS 250.125 { + and, if the committee
considers it necessary, a statement explaining the financial
effects of the measure as described in ORS 250.125 (4) + }. The
{ - officials named in ORS 250.125 - } { + financial estimate
committee + } may begin preparation of the estimates
{ - described in ORS 250.125 - } { + and statement + } on the
date that a petition is accepted for verification of signatures
under ORS 250.105 or the date that a measure referred by the
Legislative Assembly is filed with the Secretary of State,
whichever is applicable.
(2) Not later than the 95th day before the election, the
Secretary of State shall hold a hearing in Salem upon reasonable
statewide notice to receive suggested changes to the estimates
{ + or statement + } or { + to receive + } other information.
At the hearing any person may submit suggested changes or other
information orally or in writing. Written suggestions or other
information also may be submitted at any time before the hearing.
(3) The { - officials named in ORS 250.125 - }
{ + financial estimate committee + } shall consider suggestions
and any other information submitted under subsection (2) of this
section, and may file revised estimates { + or a revised
statement + } with the Secretary of State not later than the 90th
day before the election.
(4) Except as provided in subsection (5) of this section, the
original estimates { + and statement + } and any revised
estimates { + or statement + } shall be approved by { - at
least three - } { + a majority + } of the
{ - officials named in ORS 250.125 - } { + members of the
financial estimate committee + }. If { - an official - }
{ + a member + } does not concur, the estimates { + or
statement + } shall show only that the { - official - }
{ + member + } dissents. The Secretary of State shall certify
final estimates { + and a final statement + } not later than the
90th day before the election at which the measure is to be voted
upon. All estimates { + and statements + } prepared under ORS
250.125 and this section shall be made available to the public.
(5) If { - two or more - } { + a majority + } of the
{ - officials named in ORS 250.125 - } { + members of the
financial estimate committee + } do not approve the
estimates { + or statement + }, the Secretary of State alone
shall prepare, file and certify the estimates { + or
statement + } not later than the 88th day before the election at
which the measure is to be voted upon with the data upon which
{ - it - } { + the estimates or statement + } is based.
(6) The support or opposition of any { - official named in
ORS 250.125 - } { + member of the financial estimate
committee + } to the original or revised estimates { + or
statement + } shall be indicated in the minutes of any meeting of
the { - officials - } { + committee + }. Meetings of the
{ - officials - } { + financial estimate committee + } shall
be open to the public. Designees of the { - officials named in
ORS 250.125 - } { + members of the financial estimate
committee + } may attend any meetings of the { - officials - }
{ + committee + } in the place of the
{ - officials - } { + members + }, but the designees may not
vote to approve or oppose any estimates { + or statement + }.
(7) A failure to prepare, file or certify estimates { + or a
statement + } under ORS 250.125, this section or ORS 250.131
{ - shall - } { + does + } not prevent the inclusion of the
measure in the voters' pamphlet or placement of the measure on
the ballot.
(8) If the estimates are not delivered to the county clerk by
the 61st day before the election, the county clerk may proceed
with the printing of ballots. The county clerk { - shall not
be - } { + is not + } required to reprint ballots to include
the estimates or to provide supplemental information that
includes the estimates.
SECTION 3. ORS 250.131 is amended to read:
250.131. (1) Any person alleging that an estimate
{ - required under - } { + or statement described in + } ORS
250.125 was prepared, filed or certified in violation of the
procedures specified in ORS 250.125 or 250.127 may petition the
Supreme Court seeking that the required procedures be followed
and stating the reasons the estimate { + or statement + } filed
with the court does not satisfy the required procedures. { - No
petition shall be allowed concerning the amount - } { + A
petition is not allowed concerning the contents + } of the
estimate { + or statement + } or { - regarding - } whether an
estimate { + or statement + } should be prepared.
(2) If the petition is filed not later than the 85th day before
the election at which the measure is to be voted upon, the court
shall review the procedures under which the estimate { + or
statement + } was prepared, filed and certified, hear arguments
and determine whether the procedures required under ORS 250.125
and 250.127 were satisfied. The review by the Supreme Court shall
be conducted expeditiously to { - insure - } { + ensure + }
the orderly and timely conduct of the election at which the
measure is to be submitted to the electors.
(3) If the court determines that the procedures described in
ORS 250.125 and 250.127 were not satisfied, the court shall order
the preparation of a second estimate { + or statement + }, to be
prepared, filed and certified as provided in ORS 250.125 and
250.127 except that:
(a) The { - officials named in ORS 250.125 - }
{ + financial estimate committee created under ORS 250.125 + }
shall prepare and file with the Secretary of State an estimate
{ + or statement + } not later than two days following the
decision of the court;
(b) A hearing shall be held within two days after the estimate
{ + or statement + } is filed; and
(c) An estimate { + or statement + } shall be certified not
later than seven days after the decision of the court. The
procedures under which the second estimate { + or statement + }
is filed and certified may not be appealed.
SECTION 4. 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. Each measure shall be printed in the pamphlet with
{ - the number, ballot title and the financial estimates under
ORS 250.125, if any, to be printed on the official ballot, and
with the explanatory statement and arguments relating to it - }
{ + :
(a) The number and ballot title of the measure;
(b) The financial estimates and any statement prepared for the
measure under ORS 250.125;
(c) The explanatory statement prepared for the measure; and
(d) Arguments relating to the measure and filed with the
Secretary of State + }.
(2) 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 5. { + (1) The amendments to ORS 250.125, 250.127,
250.131 and 251.185 by sections 1 to 4 of this 2003 Act apply to
the preparation of any financial estimates or statements under
ORS 250.125 and 250.127 for which the deadline for filing the
original estimates or statement occurs on or after the effective
date of this 2003 Act.
(2) Notwithstanding ORS 250.125, the six members of the
financial estimate committee described in ORS 250.125 shall
select, not later than January 30, 2004, the first representative
of a city, county or district to serve on the committee. The term
of service for the person selected under this subsection ends on
February 28, 2005. + }
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