72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to A-Eng. HB 2825
 
LC 1654/HB 2825-A7
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2825
 
                      By COMMITTEE ON RULES
 
                            August 21
 
  On page 1 of the printed A-engrossed bill, line 2, after '
ballots;' delete the rest of the line and insert 'and declaring
an emergency.'.
  Delete lines 4 through 26 and pages 2 through 5 and insert:
  '  { +  SECTION 1. + }  { + If all or part of House Bill 2152
is referred to the people by petition under section 1 (3)(b),
Article IV of the Oregon Constitution, the Act or part of the Act
that is referred shall be submitted to the people for their
approval or rejection at a special election held throughout this
state on February 3, 2004. + }
  '  { +  SECTION 2. + }  { + Except as otherwise provided in
sections 1 to 9 of this 2003 Act, ORS chapters 250, 251 and 254
apply to the special election held on the measure described in
section 1 of this 2003 Act. + }
  '  { +  SECTION 3. + }  { + (1) ORS 250.065 governs the
preparation of a ballot title for the measure described in
section 1 of this 2003 Act, except that:
  ' (a) The Secretary of State shall send two copies of the
prospective petition for the state measure to be referred to the
Attorney General on the next business day after the prospective
petition is filed with the secretary; and
  ' (b) The Attorney General shall file a draft ballot title for
the measure with the Secretary of State not later than the fifth
business day after receiving copies of the prospective petition
for the state measure to be referred.
  ' (2) ORS 250.067 applies to a ballot title prepared under this
section, except that the Secretary of State by rule shall:
  ' (a) Establish a deadline for submitting written comments
concerning the draft ballot title; and
  ' (b) Establish a deadline for the Attorney General to certify
to the Secretary of State either the draft ballot title or a
revised ballot title.
  ' (3) ORS 250.085 does not apply to a ballot title prepared
under this section. The ballot title prepared under this section
shall be the ballot title printed in the voters' pamphlet and as
provided in section 8 of this 2003 Act. + }
  '  { +  SECTION 4. + }  { + (1) The financial estimate for the
measure described in section 1 of this 2003 Act shall be prepared
according to ORS 250.125 and 250.127, except that:
  ' (a) The officials named in ORS 250.125 may begin preparation
of the estimate described in ORS 250.125 on the date that a
prospective petition for the state measure to be referred is
filed with the Secretary of State; and
  ' (b) The Secretary of State by rule shall:
  ' (A) Establish a deadline for filing the estimate described in
ORS 250.125;
  ' (B) Provide for a public hearing on the estimate;
  ' (C) Establish a deadline for filing any revised estimate;
  ' (D) Establish a deadline for certification of the estimate;
and
  ' (E) Establish a deadline for preparation, filing and
certification of the estimate by the Secretary of State if three
of the officials named in ORS 250.125 do not approve the
estimate.
  ' (2) ORS 250.131 does not apply to the financial estimate
prepared under this section. The financial estimate prepared
under this section shall be the financial estimate printed in the
voters' pamphlet and as provided in section 8 of this 2003
Act. + }
  '  { +  SECTION 5. + }  { + (1) ORS 251.205 and 251.215 apply
to the preparation of the explanatory statement for the measure
described in section 1 of this 2003 Act, except that:
  ' (a) The processes for preparing the explanatory statement may
begin on the date that a prospective petition for the state
measure to be referred is filed with the Secretary of State; and
  ' (b) The Secretary of State by rule shall establish a deadline
for selection of members of a committee to prepare the
explanatory statement, provide for a public hearing on the
statement and establish deadlines for filing the statement and
any revised statement. The members of the committee shall be
selected in the manner provided in ORS 251.205.
  ' (2) Notwithstanding ORS 251.225, if an explanatory statement
is not filed by a committee under ORS 251.215, the Legislative
Counsel Committee shall prepare an impartial, simple and
understandable statement of not more than 500 words explaining
the measure. The statement of the Legislative Counsel Committee
shall be the explanatory statement of the measure. The Secretary
of State by rule shall establish a deadline for filing a
statement under this subsection. The process for preparing the
explanatory statement under this subsection may begin on the date
that a prospective petition for the state measure to be referred
is filed with the Secretary of State.
  ' (3) ORS 251.235 does not apply to an explanatory statement
prepared under this section. The explanatory statement prepared
under this section shall be the explanatory statement printed in
the voters' pamphlet.
  ' (4) For purposes of this section, the election described in
ORS 251.205 and 251.215 is the special election held on the date
specified in section 1 of this 2003 Act. + }
  '  { +  SECTION 6. + }  { + (1) Arguments relating to the
measure described in section 1 of this 2003 Act may be filed with
the Secretary of State under ORS 251.255, except that:
  ' (a) An argument must be filed not later than the date set by
the Secretary of State by rule; and
  ' (b) The secretary may set the filing date at any time after
the prospective petition for the state measure to be referred is
filed with the secretary.
  ' (2) Notwithstanding ORS 192.410 to 192.505 relating to public
records, an argument filed under this section is exempt from
public inspection until the fourth business day after the
deadline for filing the argument. + }
  '  { +  SECTION 7. + }  { + (1) If a special election is held
as provided in section 1 of this 2003 Act, the Secretary of State
shall cause to be printed in a voters' pamphlet the number,
ballot title and text of the measure described in section 1 of
this 2003 Act and the financial estimate, explanatory statement
and arguments relating to the measure. The Secretary of State
shall also cause to be printed in the voters' pamphlet any other
material required by law. Notwithstanding ORS 251.026, the
Secretary of State shall include in the voters' pamphlet the
information or statements described in ORS 251.026 that the
Secretary of State considers applicable to the election on the
measure described in section 1 of this 2003 Act. The secretary
may begin preparation of the voters' pamphlet under this section
at any time after the prospective petition for the state measure
to be referred is filed with the secretary.
  ' (2) Not later than the 10th day before the election, the
Secretary of State shall cause the voters' pamphlet to be mailed
to each post-office mailing address in Oregon and may use any
additional means of distribution necessary to make the pamphlet
available to electors.
  ' (3) In preparing the voters' pamphlet under this section, the
Secretary of State is not required to comply with ORS 279.011 to
279.063 relating to competitive bidding.
  ' (4) For purposes of sections 1 to 9 of this 2003 Act, the
election referred to in ORS 251.295 is the special election held
on the date specified in section 1 of this 2003 Act. + }
  '  { +  SECTION 8. + }  { + (1) If a special election is held
as provided in section 1 of this 2003 Act and notwithstanding the
deadline in ORS 254.085, the Secretary of State shall prepare and
deliver to each county clerk by the most expeditious means
practicable a certified statement of the measure described in
section 1 of this 2003 Act.  The Secretary of State shall include
with the statement the number, financial estimate and full ballot
title of the measure, and any other material required by law. The
Secretary of State shall keep a copy of the statement.
  ' (2) The county clerks shall print on the ballot the number,
financial estimate and full ballot title of the measure, along
with any other material required by law. In lieu of printing the
financial estimate, the summary portion of the ballot title or
other material required by law on the ballot, a county clerk may
include with the ballot the complete text of the ballot title,
the financial estimate and any other material required by
law. + }
  '  { +  SECTION 9. + }  { + (1) The Secretary of State may
adopt rules as may be necessary to implement sections 1 to 9 of
this 2003 Act.
  ' (2) Notwithstanding ORS 254.465, the election on the measure
described in section 1 of this 2003 Act shall be conducted by
mail in all counties in this state as provided under ORS
254.470. + }
  '  { +  SECTION 10. + }  { + Section 11 of this 2003 Act is
added to and made a part of ORS chapter 254. + }
  '  { +  SECTION 11. + }  { + (1) Notwithstanding ORS 254.085,
for purposes of the general election held in November 2004, the
Secretary of State, not later than the 55th day before the date
of the general election, shall file with each county clerk a
statement containing information regarding candidates for the
offices of President and Vice President of the United States.
  ' (2) This section is repealed on January 2, 2005. + }
  '  { +  SECTION 12. + }  { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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