75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to A-Eng. HB 2414
LC 1668/HB 2414-A16
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2414
By JOINT COMMITTEE ON WAYS AND MEANS
June 25
On page 1 of the printed A-engrossed bill, line 2, delete ' and
amending ORS 254.135' and insert 'amending ORS 250.035 and
254.065; appropriating money; and declaring an emergency'.
Delete lines 4 through 27 and delete page 2 and insert:
' { + SECTION 1. + } ORS 250.035 is amended to read:
' 250.035. (1) The ballot title of any measure, other than a
state measure, to be initiated or referred shall consist of:
' (a) A caption of not more than 10 words which reasonably
identifies the subject of the measure;
' (b) A question of not more than 20 words which plainly
phrases the chief purpose of the measure so that an affirmative
response to the question corresponds to an affirmative vote on
the measure; and
' (c) A concise and impartial statement of not more than 175
words summarizing the measure and its major effect.
' (2) The ballot title of any state measure to be initiated
or { + to be + } referred { + by the Legislative Assembly + }
shall consist of:
' (a) A caption of not more than 15 words that reasonably
identifies the subject matter of the state measure. The caption
of an initiative or referendum amendment to the Constitution
shall begin with the phrase, 'Amends Constitution,' which shall
not be counted for purposes of the 15-word caption limit;
' (b) A simple and understandable statement of not more than 25
words that describes the result if the state measure is approved.
The statement required by this paragraph shall include either the
phrase, 'I vote' or 'vote yes,' or a substantially similar
phrase, which may be placed at any point within the statement;
' (c) A simple and understandable statement of not more than 25
words that describes the result if the state measure is rejected.
The statement required by this paragraph shall not describe
existing statutory or constitutional provisions in a way that
would lead an average elector to believe incorrectly that one of
those provisions would be repealed by approval of the state
measure, if approval would not have that result. Any thing or
action described both in the statement required by paragraph (b)
of this subsection and in the statement required by this
paragraph shall be described using the same terms in both
statements, to the extent practical. Any different terms must be
terms that an average elector would understand to refer to the
same thing or action. The statement shall include either the
phrase, 'I vote' or ' vote no,' or a substantially similar
phrase, which may be placed at any point within the statement;
and
' (d) A concise and impartial statement of not more than 125
words summarizing the state measure and its major effect.
' { + (3) The ballot title of a state measure referred to the
people by referendum petition shall consist of all of the
following:
' (a) A caption of not more than 15 words that reasonably
identifies the subject matter of the state measure. The caption
shall begin with the phrase, 'Overturns legislation,' which shall
not be counted for purposes of the 15-word caption limit.
' (b) A simple and understandable statement of not more than 25
words that describes the result if the state measure is rejected.
The statement required by this paragraph shall be phrased so that
an affirmative vote corresponds to a rejection of the measure and
shall begin with the phrase, 'A 'yes' vote rejects legislation
that'.
' (c) A simple and understandable statement of not more than 25
words that describes the result if the state measure is approved.
The statement required by this paragraph shall be phrased so that
a negative vote corresponds to an approval of the measure and
shall begin with the phrase, 'A 'no' vote approves legislation
that'. Any thing or action described both in the statement
required by paragraph (b) of this subsection and in the statement
required by this paragraph shall be described using the same
terms in both statements, to the extent practical. Any different
terms must be terms that an average elector would understand to
refer to the same thing or action.
' (d) A concise and impartial statement of not more than 125
words summarizing the state measure and its major effect. + }
' { - (3) - } { + (4)(a) + } The statements required by
subsection (2)(b) and (c) of this section shall be written so
that, to the extent practicable, the language of the two
statements is parallel.
' { + (b) The statements required by subsection (3)(b) and
(c) of this section shall be written so that, to the extent
practicable, the language of the two statements is parallel. + }
' { - (4) - } { + (5) + } The statement required by
subsection (2)(b) of this section shall be written so that an
affirmative response to the statement corresponds to an
affirmative vote on the state measure.
' { - (5) - } { + (6) + } The statement required by
subsection (2)(c) of this section shall be written so that an
affirmative response to the statement corresponds to a negative
vote on the state measure.
' { - (6) - } { + (7) + } To avoid confusion, a ballot title
shall not resemble any title previously filed for a measure to be
submitted at that election.
' { - (7) - } { + (8) + } In the statements required by
subsection (2)(b), (c) and (d) { + and (3)(b), (c) and (d) + }
of this section, reasonable discretion shall be allowed in the
use of articles and conjunctions, but the statements shall not
omit articles and conjunctions that are necessary to avoid
confusion to or misunderstanding by an average elector.
' { + SECTION 2. + } ORS 254.065 is amended to read:
' 254.065. (1) When one person is to be nominated for or
elected to an office, the person receiving the highest number of
votes shall be nominated or elected. When more than one person is
to be nominated for or elected to a single office, the persons
receiving the higher number of votes shall be nominated or
elected. This subsection does not apply to a candidate for
election to an office at a general election if the election for
the office must be held at a special election as described in ORS
254.650.
' (2) { + Except as provided in subsection (3) of this
section, + }
{ - no - } { + a + } measure { - shall - } { + may
not + } be adopted unless it receives an affirmative majority of
the total votes cast on the measure. If two or more conflicting
laws, or amendments to the Constitution or charter, are approved
at the same election, the law, or amendment, receiving the
greatest number of affirmative votes { - shall be - } { +
is + } paramount regarding each conflict, even though the law, or
amendment, may not have received the greatest majority of
affirmative votes.
' { + (3) A measure referred to the people by referendum
petition may not be adopted unless it receives an affirmative
majority of the total votes cast on the measure rejecting the
measure. For purposes of this subsection, a measure is considered
adopted if it is rejected by the people. + }
' { + SECTION 3. + } { + The amendments to ORS 250.035 and
254.065 by sections 1 and 2 of this 2009 Act apply to ballot
titles for state measures for which a referendum petition has
been filed on or after the effective date of this 2009 Act. + }
' { + SECTION 4. + } { + Except as otherwise provided in
sections 5 and 6 of this 2009 Act, ORS chapters 250, 251 and 254
apply to an election held on House Joint Resolution 7 (2009) and
House Joint Resolution 13 (2009). + }
' { + SECTION 5. + } { + (1) Notwithstanding ORS 250.035,
250.067, 250.075 (2) and 250.085, the ballot title for House
Joint Resolution 7 (2009) shall be: + }
]
________________________________________________________________
{ + AMENDS CONSTITUTION: EXPANDS AVAILABILITY OF HOME OWNERSHIP
LOANS FOR OREGON VETERANS THROUGH OREGON WAR VETERANS' FUND. + }
{ + RESULT OF 'YES' VOTE: 'Yes' vote extends home loan program
for Oregon veterans to lifetime benefit and increases eligibility
for non-combat veterans, National Guard veterans and veterans who
served after 9/11. + }
{ + RESULT OF 'NO' VOTE: 'No' vote retains current law: Some
combat veterans who completed service within past 30 years are
eligible for loans; other veterans honorably discharged and some
National Guard veterans remain ineligible. + }
{ + SUMMARY: The Oregon Constitution currently provides that
Oregon combat veterans may receive low-interest home loans from
the Oregon War Veterans' Fund. Veterans must have received an
honorable discharge and must have served for more than 210
consecutive days or been released because of injury or
disability. Veterans must apply for loans within 30 years after
release from service and must show ability to repay the loans.
This measure amends the Oregon Constitution to make loans
available to more veterans, including National Guard veterans,
others who have honorably served overseas and veterans who have
not seen combat. This measure would make low-interest home loans
a lifetime benefit and would increase the number of honorably
discharged veterans and surviving spouses who are eligible for
the low-interest loan program. + }
]
________________________________________________________________
' { + (2) If a petition is filed under section 12 of this
2009 Act challenging the ballot title provided in subsection (1)
of this section, the word limits described in ORS 250.035 (2) do
not apply for the purposes of judicial review.
' (3) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for House Joint Resolution 7 (2009) shall
be: + }
]
________________________________________________________________
{ + This measure would expand the number of veterans and
surviving spouses who are eligible to receive low-interest home
loans from the Oregon War Veterans' Fund. In 1944, by legislative
referral, voters amended the Oregon Constitution to create the
'Oregon War Veterans' Fund' to provide low-interest home loans to
some Oregon residents who served in the United States Armed
Forces and their surviving spouses. + }
{ + The Oregon Constitution currently requires that, to be
eligible for a loan from the Oregon War Veterans' Fund, a person
must have honorably served in active duty in the Armed Forces of
the United States for 210 consecutive days (unless discharged
from active duty due to service-related illness or injury) or
must have seen combat. The person also must have been honorably
discharged or separated from the Armed Forces. The veteran must
apply for the loan within 30 years after the veteran was released
from active duty. Loans are for primary residences and are made
only to those who can show an ability to repay. Surviving spouses
of veterans who died, became missing in action or became
prisoners of war while in service also are eligible to receive
loans under certain conditions. + }
{ + Because veterans must apply for loans within 30 years of
discharge, many Vietnam-era combat veterans who were honorably
discharged are no longer eligible for the loans. Because of the
requirement that a veteran serve for 210 consecutive days, many
Oregon veterans who served in the military after the terrorist
attacks of 9/11 and were honorably discharged are not eligible
for the loans. + }
{ + This measure would make the loans available to any Oregon
veteran who has served under honorable conditions on active duty
in the Armed Forces of the United States, as long as the veteran
meets certain financial eligibility criteria. The measure uses
the same definition of 'veteran' as is used in Oregon law. The
measure eliminates the constitutional requirement that loans be
applied for within 30 years of discharge, making eligibility for
a loan a lifetime benefit for veterans, as long as they meet the
other qualification criteria. This measure also eliminates the
requirement that a veteran serve for 210 continuous days. Under
Oregon law, a person would be a 'veteran' if the person completed
at least 178 consecutive days of service or saw combat, and
received an honorable discharge. This measure also makes the
loans available to surviving spouses of veterans, regardless of
whether the veteran resided in Oregon, if the deceased veteran
meets certain eligibility criteria and the surviving spouse
resides in Oregon at the time of application for the loan. + }
{ + If this measure were to pass, more Oregon veterans and
surviving spouses would be eligible to receive a low-interest
home loan through the Oregon War Veterans' Fund. + }
]
________________________________________________________________
' { + (4) Unless modified under section 13 of this 2009 Act,
the explanatory statement contained in this section shall be
printed in the voters' pamphlet. + }
' { + SECTION 6. + } { + (1) Notwithstanding ORS 250.035,
250.067, 250.075 (2) and 250.085, the ballot title for House
Joint Resolution 13 (2009) shall be: + }
]
________________________________________________________________
{ + REVISES CONSTITUTION: ALLOWS STATE TO ISSUE BONDS TO MATCH
VOTER APPROVED SCHOOL DISTRICT BONDS FOR SCHOOL CAPITAL
COSTS. + }
{ + RESULT OF 'YES' VOTE: 'Yes' vote allows state to issue
bonds to match voter approved school district bonds for school
capital costs. Dedicates lottery funds for matching funds and
repayment. + }
{ + RESULT OF 'NO' VOTE: 'No' vote retains current law
prohibiting state and restricting local districts from issuing
bonds to pay for school capital costs, including acquisition,
construction, repair and improvement. + }
{ + SUMMARY: This measure would revise the Oregon Constitution
to allow voters to approve local district bonds for school
capital costs and the state to issue bonds and use the revenue
from those bonds to help local school districts pay for capital
costs. The Constitution currently limits voters' ability to
approve local district bonds for school capital costs and
prevents the state from issuing bonds to help local districts pay
for school capital costs. 'Capital costs' include costs for
acquisition, construction, repair and improvement, but not
routine maintenance or supplies. State funds may be used only to
match funds approved by voters in local districts. The measure
would dedicate 15 percent of state lottery revenues to a 'school
capital matching fund' to repay state funds provided to
districts. State bonds may not be repaid by raising property
taxes. Contains other provisions. + }
]
________________________________________________________________
' { + (2) If a petition is filed under section 12 of this
2009 Act challenging the ballot title provided in subsection (1)
of this section, the word limits described in ORS 250.035 (2) do
not apply for the purposes of judicial review.
' (3) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for House Joint Resolution 13 (2009) shall
be: + }
]
________________________________________________________________
{ + The Oregon Constitution restricts the state's authority to
issue bonds or otherwise incur indebtedness. Oregon voters have
approved 16 exceptions to this restriction, 14 of which are still
in effect. The exceptions allow the state to issue bonds for a
variety of purposes, including for home ownership loans to
veterans, reforestation of state lands, construction of buildings
for state universities and community colleges, housing for the
elderly and disabled, pollution controls and seismic
rehabilitation of public buildings. However, the restriction in
the Constitution still prevents the state from issuing bonds or
otherwise incurring indebtedness to assist local school districts
in financing K-12 capital costs. The Constitution also limits the
bonding authority of local taxing districts, including school
districts. + }
{ + This measure would revise the Oregon Constitution to allow
the state to issue general obligation bonds to match voter
approved bonds for K-12 school capital costs. The measure would
accomplish this by adding two different provisions to the
Constitution. The first new provision would allow local taxing
districts to incur bonded indebtedness on or after January 1,
2011, to finance capital costs. Capital costs are defined to
include the costs of land and other assets associated with
acquisition, construction, improvement, remodeling, maintenance
and repair. Capital costs do not include operating costs. + }
{ + The second new provision would allow the state to issue
general obligation bonds to provide funds to be granted or loaned
to school districts to finance the capital costs of the school
districts. The proceeds from the bonds could be used only to
provide matching funds to finance the capital costs of school
districts that have received voter approval to issue local
government bonds. The state bonds may not be used to pay school
district operating costs. Bonds issued by the state could not be
repaid through property taxes. + }
{ + This new constitutional provision also creates a 'school
capital matching fund' to pay for matching funds to school
districts to finance capital costs and debt service on state
bonds issued pursuant to this measure and repeals the current
'school capital matching subaccount' in the 'education stability
fund.' Any existing funds in the school capital matching
subaccount would be transferred to the new school capital
matching fund, and that fund also would receive 15 percent of net
lottery proceeds. + }
{ + Under the measure, if residents of a local taxing district
vote to approve bonds for school capital costs, the local taxing
district would be eligible to receive matching funds from the
state. This would allow the state to help pay for K-12 capital
costs. The result would substantially reduce the costs to the
local school district and its taxpayers to make capital
improvements, such as constructing, repairing or maintaining
school buildings. + }
]
________________________________________________________________
' { + (4) Unless modified under section 13 of this 2009 Act,
the explanatory statement contained in this section shall be
printed in the voters' pamphlet. + }
' { + SECTION 7. + } { + (1) Except as provided in section 8
of this 2009 Act, if all or part of any Act of the Seventy-fifth
Legislative Assembly is referred to the people by petition under
section 1 (3)(b), Article IV of the Oregon Constitution, it shall
be submitted to the people for their approval or rejection at a
special election held throughout this state on the same date as
the next primary election.
' (2) Except as otherwise provided in this section, ORS
chapters 250, 251 and 254 apply to an election held on a measure
or part of a measure described in this section.
' (3) Notwithstanding ORS 250.035, 250.067, 250.075 (2) and
250.085, the ballot title for a measure or part of a measure
described in this section shall be prepared by the joint
legislative committee created under section 14 of this 2009 Act
and filed with the Secretary of State not later than the date set
by the Secretary of State by rule. The word limits described in
ORS 250.035 (2) do not apply to a ballot title prepared by the
joint legislative committee under this subsection. Unless
modified under section 12 of this 2009 Act, the ballot title
prepared by the committee under this subsection shall be the
ballot title printed in the voters' pamphlet and printed on, or
included with, the ballot.
' (4) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for a measure or part of a measure described in
this section shall be prepared by the joint legislative committee
created under section 14 of this 2009 Act and filed with the
Secretary of State not later than the date set by the Secretary
of State by rule. Unless modified under section 13 of this 2009
Act, the explanatory statement prepared by the committee under
this subsection shall be the explanatory statement printed in the
voters' pamphlet. + }
' { + SECTION 8. + } { + (1) Except as otherwise provided in
sections 8 to 15 of this 2009 Act, ORS chapters 250, 251 and 254
apply to an election held on any part of chapter ___, Oregon Laws
2009 (Enrolled House Bill 2649), or chapter ___, Oregon Laws 2009
(Enrolled House Bill 3405). + }
' { + (2) If any part of chapter ___, Oregon Laws 2009
(Enrolled House Bill 2649), or chapter ___, Oregon Laws 2009
(Enrolled House Bill 3405), is referred to the people by petition
under section 1 (3)(b), Article IV of the Oregon Constitution, it
shall be submitted to the people for their approval or rejection
at a special election held throughout the state on January 26,
2010.
' (3) If any part of chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2649), or chapter ___, Oregon Laws 2009 (Enrolled
House Bill 3405), is referred to the people by petition under
section 1 (3)(b), Article IV of the Oregon Constitution, a
special election shall be held throughout this state on January
26, 2010, as provided in sections 8 to 15 of this 2009 Act. + }
' { + SECTION 9. + } { + If any part of chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2649), or chapter ___, Oregon Laws
2009 (Enrolled House Bill 3405), is referred to the people by
petition under section 1 (3)(b), Article IV of the Oregon
Constitution:
' (1) Notwithstanding ORS 250.035, 250.067, 250.075 (2) and
250.085, the ballot title for the measure shall be prepared by
the joint legislative committee created under section 14 of this
2009 Act and filed with the Secretary of State not later than the
date set by the Secretary of State by rule. The word limits
described in ORS 250.035 (2) do not apply to a ballot title
prepared by the joint legislative committee under this
subsection. Unless modified under section 12 of this 2009 Act,
the ballot title prepared by the committee under this subsection
shall be the ballot title printed in the voters' pamphlet and
printed on, or included with, the ballot.
' (2) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for the measure shall be prepared by the joint
legislative committee created under section 14 of this 2009 Act
and filed with the Secretary of State not later than the date set
by the Secretary of State by rule. Unless modified under section
13 of this 2009 Act, the explanatory statement prepared by the
committee under this subsection shall be the explanatory
statement printed in the voters' pamphlet.
' (3) The committee may begin preparation of the ballot title
or explanatory statement on the date that a prospective petition
to refer the measure or any part of the measure is filed with the
Secretary of State under ORS 250.045.
' (4)(a) Arguments relating to the measure may be filed with
the Secretary of State under ORS 251.245 and 251.255, except that
an argument must be filed not later than the date set by the
Secretary of State by rule.
' (b) Notwithstanding ORS 192.410 to 192.505 relating to public
records, an argument filed under this subsection is exempt from
public inspection until the fourth business day after the
deadline for filing the argument.
' (5) The financial estimate committee created under ORS
250.125 shall prepare and file with the Secretary of State the
estimates described in ORS 250.125 and, if the committee
considers it necessary, a statement explaining the financial
effects of the measure as described in ORS 250.125, except that
the committee shall prepare and file the estimates or statements
not later than the date set by the Secretary of State by rule.
The financial estimate committee may begin preparation of the
estimate or statement on the date that a prospective petition to
refer the measure or any part of the measure is filed with the
Secretary of State under ORS 250.045.
' (6) Notwithstanding ORS 250.131 (2), the Supreme Court shall
conduct a review under ORS 250.131 if a petition is filed not
later than the date set by the Secretary of State by rule. + }
' { + SECTION 10. + } { + (1) The Secretary of State shall
cause to be printed in the voters' pamphlet the number, ballot
title and text of a measure or part of a measure described in
section 8 of this 2009 Act and the financial estimate,
explanatory statement and arguments relating to the measure or
any part of a 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 a measure described in section 8 of
this 2009 Act. Notwithstanding ORS 251.285 and subject to ORS
251.008, measures referred to in section 8 of this 2009 Act shall
be the only measures included in the voters' pamphlet prepared
under this section.
' (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 chapter
279B relating to competitive bidding.
' (4) For purposes of sections 8 to 15 of this 2009 Act, the
election referred to in ORS 251.295 is the special election held
on the date specified in section 8 of this 2009 Act. + }
' { + SECTION 11. + } { + (1) 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 a measure referred to in section 8 of this
2009 Act. The Secretary of State shall include with the
statement the number, financial estimate and 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 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 12. + } { + Notwithstanding ORS 250.085:
' (1) Any elector dissatisfied with the ballot title for House
Joint Resolution 7 (2009), House Joint Resolution 13 (2009) or a
measure or part of a measure described in section 7 or 8 of this
2009 Act prepared by the joint legislative committee may petition
the Supreme Court seeking a different ballot title. The petition
shall state the reasons that the ballot title filed with the
Secretary of State does not substantially comply with the
requirements of ORS 250.035.
' (2) The petition shall name the Attorney General as the
respondent and must be filed:
' (a) Not later than the fifth business day after the
Legislative Assembly files the ballot title with the Secretary of
State; or
' (b) For House Joint Resolution 7 (2009) or House Joint
Resolution 13 (2009), not later than the 30th day after the
Seventy-fifth Legislative Assembly adjourns sine die.
' (3) An elector filing a petition under this section shall
notify the Secretary of State in writing that the petition has
been filed. The notice must be received in the office of the
Secretary of State not later than 5 p.m. on the next business day
following the day the petition is filed.
' (4) The Supreme Court shall review the title for substantial
compliance with the requirements of ORS 250.035.
' (5) The review by the Supreme Court shall be conducted
expeditiously to ensure the orderly and timely conduct of the
election at which the measure is to be submitted to the electors.
' (6) If the Supreme Court determines that the ballot title
prepared by the Legislative Assembly substantially complies with
the requirements of ORS 250.035, the court shall certify the
title to the Secretary of State. If the Supreme Court determines
that the ballot title prepared by the Legislative Assembly does
not substantially comply with the requirements of ORS 250.035,
the court shall refer the ballot title to the Attorney General
for modification.
' (7) Not later than five business days after the Supreme Court
refers a ballot title to the Attorney General for modification
under this section, the Attorney General shall certify a modified
ballot title to the Secretary of State. + }
' { + SECTION 13. + } { + Notwithstanding ORS 251.235:
' (1) Any person dissatisfied with the explanatory statement
for House Joint Resolution 7 (2009), House Joint Resolution 13
(2009) or a measure or part of a measure described in section 7
or 8 of this 2009 Act prepared by the joint legislative committee
may petition the Supreme Court seeking a different statement and
stating the reasons the statement filed with the court is
insufficient or unclear.
' (2) The court shall review the statement and certify an
explanatory statement to the Secretary of State if the petition
is filed and served as required in subsection (4) of this
section:
' (a) Not later than the fifth business day after the
Legislative Assembly files the explanatory statement with the
Secretary of State; or
' (b) For House Joint Resolution 7 (2009) or House Joint
Resolution 13 (2009), not later than the 30th day after the
Seventy-fifth Legislative Assembly adjourns sine die.
' (3) Failure to file and serve the petition within the time
prescribed in subsection (2) of this section precludes Supreme
Court review and certification of an explanatory statement. If
the court considers the petition, the court may allow oral
argument. The review by the Supreme Court shall be conducted
expeditiously to ensure the orderly and timely conduct of the
election at which the measure is to be submitted to the electors.
The statement certified by the court shall be the explanatory
statement printed in the voters' pamphlet.
' (4) At the time a person petitions the Supreme Court under
subsection (1) of this section, the person also shall serve a
copy of the petition on:
' (a) The Attorney General;
' (b) The Legislative Assembly; and
' (c) The chief petitioners of the measure. + }
' { + SECTION 14. + } { + (1) A joint legislative committee
consisting of three Senators and three Representatives shall be
appointed to prepare the ballot titles and explanatory statements
as described in sections 7 and 9 of this 2009 Act.
' (2)(a) The President of the Senate shall appoint three
members from among members of the Senate, two from the majority
party and one from the minority party.
' (b) The Speaker of the House of Representatives shall appoint
three members from among members of the House of Representatives,
two from the majority party and one from the minority party. + }
' { + SECTION 15. + } { + The Secretary of State shall adopt
rules governing the procedures for conducting the election on a
measure or any part of a measure described in sections 7 and 9 of
this 2009 Act as may be necessary to implement sections 7 to 15
of this 2009 Act. + }
' { + SECTION 16. + } { + (1) In addition to and not in lieu
of any other appropriation, there is appropriated to the
Emergency Board, for the biennium beginning July 1, 2009, out of
the General Fund, the amount of $2,000,000, to be allocated to
the Secretary of State for costs associated with a statewide
special election that may be held on January 26, 2010.
' (2) If any of the moneys appropriated by subsection (1) of
this section are not allocated by the Emergency Board prior to
December 1, 2010, the moneys remaining on that date become
available for any purpose for which the Emergency Board lawfully
may allocate funds. + }
' { + SECTION 17. + } { + (1) Original jurisdiction is
vested in the Supreme Court of this state to review and determine
the constitutionality of the amendments to ORS 250.035 and
254.065 by sections 1 and 2 of this 2009 Act. The Supreme Court
shall have sole and exclusive jurisdiction of proceedings
initiated under this section if:
' (a) A chief petitioner of, or any elector who signs, a
referendum petition relating to a state measure for which a
prospective petition is filed on or after the effective date of
this 2009 Act, who is adversely affected or aggrieved by the
amendments to ORS 250.035 and 254.065 by sections 1 and 2 of this
2009 Act asserts a claim for relief that challenges the
constitutionality of ORS 250.035 and 254.065, as amended by
sections 1 and 2 of this 2009 Act; and
' (b) The action is commenced not later than the fifth day
after the date the Secretary of State determines that a
referendum petition contains the required number of signatures of
electors.
' (2) The review by the Supreme Court under this section shall
be conducted expeditiously to ensure the orderly and timely
conduct of the election at which the measure is to be submitted
to the electors. + }
' { + SECTION 18. + } { + Section 17 of this 2009 Act is
repealed on July 1, 2010. + }
' { + SECTION 19. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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