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 2589
Senate Bill 565
Sponsored by Senator DECKERT
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.
Requires ballot title caption and statement describing result
of yes vote for certain state measures to include statement
listing not more than three state services that could be reduced
if measure is adopted. Applies to state measures that reduce
state or local revenue or that require expenditure of public
moneys without specifying method for raising additional public
moneys to pay for implementation of measure.
A BILL FOR AN ACT
Relating to state measures; creating new provisions; and amending
ORS 250.125, 250.127 and 250.131.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 250. + }
SECTION 2. { + (1) For each state measure described in ORS
250.125 (6) to (8), the Secretary of State shall include a
statement described in subsection (2) of this section as part of
the ballot title to be printed for the measure in the voters'
pamphlet and on the ballot. The statement shall be added to the
ballot title for a measure following completion of the processes
described in ORS 250.125 and 250.127 and of any review by the
Supreme Court under ORS 250.131. The statement may not be
considered part of the ballot title for purposes of ORS 250.045,
250.065, 250.067, 250.075 or 250.085.
(2) A statement under this section shall begin with the phrase
'REDUCES FUNDING AVAILABLE FOR:' and shall be followed by the
list of services prepared under ORS 250.125 (6), (7) or (8).
(3) A statement under this section shall be printed:
(a) With the caption required under ORS 250.035 (2)(a) and
shall appear immediately following the caption prepared under ORS
250.035 (2)(a); and
(b) With the statement required under ORS 250.035 (2)(b) and
shall appear immediately following the statement prepared under
ORS 250.035 (2)(b).
(4) For purposes of this chapter and ORS chapters 251 and 254,
a statement under this section shall be considered part of the
caption and the statement required under ORS 250.035 (2)(a) and
(b), but may not be counted for purposes of any of the word
limits specified in ORS 250.035 (2). + }
SECTION 3. 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.
(3) The estimates shall be printed in the voters' pamphlet and
on the ballot unless the measure involves only state agency
expenses not exceeding { - $100,000 - } { + $1 million + }
per year.
(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.
(5) 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.
{ + (6) For each state measure that involves a reduction of
state revenues, the officials named in subsection (1) of this
section, and the Legislative Revenue Officer and Legislative
Fiscal Officer, shall prepare a list of not more than three
principal state services supported by the state revenues proposed
to be reduced by the measure. The service that receives the
largest portion of revenues proposed to be reduced shall be
listed first, with other services listed in descending order,
depending on the amount of revenues received. If state revenues
proposed to be reduced are dedicated to particular services, only
those services shall be listed.
(7) For each state measure that involves the expenditure of
public moneys by the state and that does not specify a method for
raising additional public revenue to support the requirements of
the measure, the officials named in subsection (1) of this
section, and the Legislative Revenue Officer and Legislative
Fiscal Officer, shall prepare a list of not more than three
principal state services supported by the revenue source that
will also be used to support the expenditure of public moneys
required by the measure. If the measure does not, explicitly or
implicitly, identify the revenue source to be used to support the
expenditure, the source shall be considered to be the General
Fund or equivalent fund of a city, county or district. The
service that receives the largest portion of revenues from the
revenue source that will be used to support the expenditure shall
be listed first, with other services listed in descending order,
depending on the amount of revenues received.
(8) For each state measure that involves a reduction in
revenues available to any city, county or district or that
involves the expenditure of public moneys by any city, county or
district and that does not specify a method for raising
additional revenue to support the requirements of the measure,
the officials named in subsection (1) of this section, and the
Legislative Revenue Officer and Legislative Fiscal Officer, shall
list city, county or district services affected in the manners
described in subsections (6) and (7) of this section. In
determining services to be included in the list and the order in
which the services are listed, the officials shall aggregate the
total dollar amounts spent on the services, using the affected
revenue sources of all affected cities, counties or districts.
(9) Services required to be listed under subsections (6) to (8)
of this section shall be described in plain and commonly used
terms. The term:
(a) 'Education' shall be used to refer to prekindergarten
education, kindergarten through grade 12 education, community
colleges and higher education;
(b) 'Health care' shall be used to refer to both physical and
mental health care services;
(c) 'Public safety' shall be used to refer to state and local
courts, prisons, jails, state and local police, sheriffs and
firefighters; and
(d) 'Transportation' shall be used to refer to highways and
public transportation. + }
SECTION 4. 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 { + and lists + } as
described in ORS 250.125. The officials named in ORS 250.125 may
begin preparation of the estimates { + and lists + } 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 lists + } 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 { + or
lists + } 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 lists + } and any revised estimates
{ + and lists + } shall be approved by at least three of the
officials named in ORS 250.125. If an official does not concur,
the estimates { + and lists + } shall show only that the
official dissents. The Secretary of State shall certify final
estimates { + and lists + } not later than the 90th day before
the election at which the measure is to be voted upon. All
estimates { + and lists + } 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 { + and lists + }, the Secretary of State
alone shall prepare, file and certify the estimates { + and
lists + } 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 { + and lists + }
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 vote to approve or oppose any estimates
{ + and lists + }.
(7) A failure to prepare, file or certify estimates { + or
lists + } 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 { + or lists + } 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 lists + } or to provide supplemental information that
includes the estimates { + or lists + }.
SECTION 5. ORS 250.131 is amended to read:
250.131. (1) Any person alleging that an estimate { + or
list + } required under 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 filed with the court does not satisfy the required
procedures. No petition shall be allowed concerning the amount of
the estimate or regarding whether an estimate { + or list + }
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
list + } 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 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 list + }, 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 shall prepare and file
with the Secretary of State an estimate { + or list + } not
later than two days following the decision of the court;
(b) A hearing shall be held within two days after the estimate
{ + or list + } is filed; and
(c) An estimate { + or list + } shall be certified not later
than seven days after the decision of the court. The procedures
under which the second estimate { + or list + } is filed and
certified may not be appealed.
SECTION 6. { + Section 2 of this 2003 Act and the amendments
to ORS 250.125, 250.127 and 250.131 by sections 3 to 5 of this
2003 Act apply to state measures to be voted upon on or after
January 1, 2004. + }
----------