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 2223
 
                   Senate Joint Resolution 12
 
Sponsored by Senator METSGER
 
 
                             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.
 
  Proposes amendment to Oregon Constitution to limit initiative
amendments to Constitution to those that relate to structure and
organization of government, limitation of government powers or
election of government officials.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.
 
                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating new section 1e to be added to and made a part of
Article IV, and by amending section 1, Article IV, such sections
to read:
   { +  Sec. 1. + } (1) The legislative power of the state,
except for the initiative and referendum powers reserved to the
people, is vested in a Legislative Assembly, consisting of a
Senate and a House of Representatives.
  (2)(a) The people reserve to themselves the initiative power,
which is to propose laws and amendments to the Constitution and
enact or reject them at an election independently of the
Legislative Assembly.
  (b) An initiative law may be proposed only by a petition signed
by a number of qualified voters equal to six percent of the total
number of votes cast for all candidates for Governor at the
election at which a Governor was elected for a term of four years
next preceding the filing of the petition.
  (c) An initiative amendment to the Constitution may be proposed
only by a petition signed by a number of qualified voters equal
to eight percent of the total number of votes cast for all
candidates for Governor at the election at which a Governor was
elected for a term of four years next preceding the filing of the
petition.
  (d) An initiative petition shall include the full text of the
proposed law or amendment to the Constitution. A proposed law or
amendment to the Constitution shall embrace one subject only and
matters properly connected therewith.
   { +  (e) A proposed initiative amendment to the Constitution
shall relate only to the structure and organization of
government, the limitation of its powers or the election of
officials. The Secretary of State shall determine, in the manner
provided by law, whether an initiative amendment to the
Constitution may be proposed under this paragraph. The Secretary
of State shall make the determination required by this paragraph
before the initiative petition may be circulated for the purpose
of obtaining the required number of signatures of qualified
voters. + }
    { - (e) - }   { + (f) + } An initiative petition shall be
filed not less than four months before the election at which the
proposed law or amendment to the Constitution is to be voted
upon.
  (3)(a) The people reserve to themselves the referendum power,
which is to approve or reject at an election any Act, or part
thereof, of the Legislative Assembly that does not become
effective earlier than 90 days after the end of the session at
which the Act is passed.
  (b) A referendum on an Act or part thereof may be ordered by a
petition signed by a number of qualified voters equal to four
percent of the total number of votes cast for all candidates for
Governor at the election at which a Governor was elected for a
term of four years next preceding the filing of the petition. A
referendum petition shall be filed not more than 90 days after
the end of the session at which the Act is passed.
  (c) A referendum on an Act may be ordered by the Legislative
Assembly by law. Notwithstanding section 15b, Article V of this
Constitution, bills ordering a referendum and bills on which a
referendum is ordered are not subject to veto by the Governor.
  (4)(a) Petitions or orders for the initiative or referendum
shall be filed with the Secretary of State. The Legislative
Assembly shall provide by law for the manner in which the
Secretary of State shall determine whether a petition contains
the required number of signatures of qualified voters. The
Secretary of State shall complete the verification process within
the 30-day period after the last day on which the petition may be
filed as provided in paragraph   { - (e) - }   { + (f) + } of
subsection (2) or paragraph (b) of subsection (3) of this
section.
  (b) Initiative and referendum measures shall be submitted to
the people as provided in this section and by law not
inconsistent therewith.
  (c) All elections on initiative and referendum measures shall
be held at the regular general elections, unless otherwise
ordered by the Legislative Assembly.
  (d) Notwithstanding section 1, Article XVII of this
Constitution, an initiative or referendum measure becomes
effective 30 days after the day on which it is enacted or
approved by a majority of the votes cast thereon. A referendum
ordered by petition on a part of an Act does not delay the
remainder of the Act from becoming effective.
  (5) The initiative and referendum powers reserved to the people
by subsections (2) and (3) of this section are further reserved
to the qualified voters of each municipality and district as to
all local, special and municipal legislation of every character
in or for their municipality or district. The manner of
exercising those powers shall be provided by general laws, but
cities may provide the manner of exercising those powers as to
their municipal legislation. In a city, not more than 15 percent
of the qualified voters may be required to propose legislation by
the initiative, and not more than 10 percent of the qualified
voters may be required to order a referendum on legislation.
   { +  SECTION 1e. (1) The amendment to section 1 of this
Article by Senate Joint Resolution 12 (2003) does not apply to
any initiative petition that, if filed with the Secretary of
State with the required number of signatures of qualified voters,
will be submitted to the people at the general election held on
the first Tuesday after the first Monday in November 2004.
 
  (2) The amendment to section 1 of this Article by Senate Joint
Resolution 12 (2003) does apply to any initiative petition that,
if filed with the Secretary of State with the required number of
signatures of qualified voters, will be submitted to the people
at a general election held after November 2004, regardless of
when the prospective petition for the initiative petition is
filed.
  (3) This section is repealed December 31, 2006. + }
 
  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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