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 3663
A-Engrossed
Senate Bill 901
Ordered by the Senate June 24
Including Senate Amendments dated June 24
Sponsored by Senator HANNON
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.
Sets procedure for statewide special election on Senate Joint
Resolution 13 (2003).
Appropriates moneys from General Fund to Secretary of State for
expenses of submitting measure to people at special election to
be held on November 4, 2003.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to a special election; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Except as otherwise provided in this 2003 Act,
ORS chapters 250, 251 and 254 apply to the special election held
on the measure submitted under Senate Joint Resolution 13
(2003). + }
SECTION 2. { + A special election shall be held throughout
this state on November 4, 2003. The measure referred to in
section 1 of this 2003 Act and that is otherwise referred to the
people by the Legislative Assembly shall be submitted to the
people for their approval or rejection at the special
election. + }
SECTION 3. { + (1) This section applies to the preparation of
a ballot title for the measure referred to in section 1 of this
2003 Act.
(2) ORS 250.075 (2) governs the preparation of a ballot title
under this section, except that:
(a) 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 the measure, or this 2003 Act, is filed with
the Secretary of State, whichever date is later; and
(b) The Attorney General is not required to send a copy of the
draft ballot title to each member of the Legislative Assembly.
(3) 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.
(4) 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
referred to in section 1 of this 2003 Act shall be prepared
according to ORS 250.125 and 250.127, except that 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) This section applies to the preparation of
an explanatory statement for the measure referred to in section 1
of this 2003 Act.
(2) ORS 251.205 and 251.215 apply to the preparation of the
explanatory statement for the measure referred to in section 1 of
this 2003 Act, except that 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.
(3) 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 for the measure. The Secretary
of State by rule shall establish a deadline for filing a
statement under this subsection.
(4) 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.
(5) For purposes of this section, the election referred to in
ORS 251.205 and 251.215 shall be the special election held on the
date specified in section 2 of this 2003 Act. + }
SECTION 6. { + (1) Arguments relating to the measure referred
to in section 1 of this 2003 Act may be filed with the Secretary
of State under ORS 251.245 and 251.255, except that an argument
shall be filed not later than the date set by the Secretary of
State by rule.
(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) The Secretary of State shall cause to be
printed in a voters' pamphlet the number, ballot title and text
of the measure referred to 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 referred to in section
1 of this 2003 Act. Notwithstanding ORS 251.285, the measure
referred to in section 1 of this 2003 Act shall be the only
measure included in the voters' pamphlet prepared under this 2003
Act.
(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 this 2003 Act, the election referred to in
ORS 251.295 shall be the special election held on the date
specified in section 2 of this 2003 Act. + }
SECTION 8. { + (1) The Secretary of State shall prepare and
deliver to each county clerk by the most expeditious means
practicable a certified statement of the measure referred to 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 information 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
governing the procedures for conducting the election on the
measure referred to in section 1 of this 2003 Act as may be
necessary to implement this 2003 Act.
(2) Notwithstanding ORS 254.465, the election on the measure
referred to 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. { + (1) In addition to and not in lieu of any
other appropriation or moneys made available by law or from other
sources, there is appropriated to the Secretary of State, for the
biennium ending June 30, 2005, out of the General Fund, the
amount of $1,500,000 for the payment of direct expenses of this
state incurred in submitting, by action of the Legislative
Assembly, any measure to the people at a special election held
throughout this state on November 4, 2003.
(2) Any part of the appropriation under subsection (1) of this
section that is unexpended and unobligated on July 1, 2004, shall
revert to the General Fund. + }
SECTION 11. { + 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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