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
 
                         House Bill 2144
 
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 as
introduced.
 
  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 and 250.127.
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 by the state, reduction of expenditure of public
money 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 shall estimate 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.
  (2) 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 + }.
   { +  (3) For a state measure for which an estimate is required
to be prepared under subsections (1) and (2) of this section, the
officials named in subsection (1) of this section 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 if the measure is not
enacted. + }
    { - (3) - }   { + (4) + } The estimates  { + described in
subsections (1) to (3) 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 - } .
    { - (4) - }   { + (5) + } 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 - }  { + :
  (a) No financial effect on state or local government
expenditures, revenues or indebtedness, the estimate shall state:
' No financial effect on state or local government expenditures,
revenues or indebtedness';
  (b) No financial effect on state government expenditures,
revenues or indebtedness, the estimate shall state: 'No financial
effect on state government expenditures, revenues or
indebtedness';
  (c) A financial effect of less than $100,000 on state
government expenditures, revenues or indebtedness, the estimate
shall state: 'The effect on state government expenditures,
revenues or indebtedness will not exceed $100,000';
  (d) A financial effect of $100,000 or more on state government
expenditures, revenues or indebtedness, the estimate shall state
the amount of financial effect on state government expenditures,
revenues or indebtedness;
  (e) No financial effect on local government expenditures,
revenues or indebtedness, the estimate shall state: 'No financial
effect on local government expenditures, revenues or
indebtedness';
  (f) A financial effect of less than $100,000 on local
government expenditures, revenues or indebtedness, the estimate
shall state: 'The effect on local government expenditures,
revenues or indebtedness will not exceed $100,000'; or
  (g) A financial effect of $100,000 or more on local government
expenditures, revenues or indebtedness, the estimate shall state
the amount of financial effect on local government expenditures,
revenues or indebtedness + }.
    { - (5) - }   { + (6) + } The Legislative Administration
Committee shall provide any administrative staff assistance
required by the officials named in subsection (1) of this section
to facilitate the work of the officials under this section or ORS
250.127.
  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 ORS 250.125 shall prepare and file
with the Secretary of State, estimates as described in ORS
250.125. The officials named in ORS 250.125 may begin preparation
of the estimates described in ORS 250.125 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
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 shall consider
suggestions and any other information submitted under subsection
(2) of this section, and may file revised estimates 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 any revised estimates shall be approved by
at least three of the officials named in ORS 250.125. If an
official does not concur, the estimates shall show only that the
official dissents. The Secretary of State shall certify final
estimates not later than the 90th day before the election at
which the measure is to be voted upon. All estimates prepared
under ORS 250.125 and this section shall be made available to the
public.
  (5) If two or more of the officials named in ORS 250.125 do not
approve the estimates, the Secretary of State alone shall
prepare, file and certify the estimates not later than the 88th
day before the election at which the measure is to be voted upon
with the data upon which it is based.
  (6) The support or opposition of any official named in ORS
250.125 to the original or revised estimates shall be indicated
in the minutes of any meeting of the officials. Meetings of the
officials shall be open to the public. Designees of the officials
named in ORS 250.125 may attend any meetings of the officials in
the place of the officials  { - , but the designees may not - }
 { + and may + } vote to approve or oppose any estimates { +  in
the place of the officials the designees represent. A vote by a
designee under this section shall be recorded as a vote by the
official the designee represents + }.
  (7) A failure to prepare, file or certify estimates under ORS
250.125, this section or ORS 250.131 shall 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
required to reprint ballots to include the estimates or to
provide supplemental information that includes the estimates.
  SECTION 3.  { + The amendments to ORS 250.125 and 250.127 by
sections 1 and 2 of this 2003 Act apply to the preparation of any
financial estimates under ORS 250.125 and 250.127 for which the
deadline for filing the original estimates occurs on or after the
effective date of this 2003 Act. + }
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