75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1668
C-Engrossed
House Bill 2414
Ordered by the Senate June 29
Including House Amendments dated March 25 and Senate Amendments
dated June 25 and June 29
Sponsored by Representative NOLAN, Senators MONROE, MORSE;
Senators BONAMICI, GEORGE, HASS, METSGER, MORRISETTE,
ROSENBAUM, STARR, VERGER, WALKER
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.
{ - Modifies requirements for ballot title referred to people
by referendum petition. - }
Prescribes ballot titles and explanatory statements for House
Joint Resolution 7 (2009) and House Joint Resolution 13 (2009).
Directs that certain measures, if referred, be submitted to
people at special election.
Directs that any other measure, if referred by referendum
petition, be submitted to people at next primary election.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to elections; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
{ + NOTE: + } Sections 1 through 3 were deleted by amendment.
Subsequent sections were not renumbered.
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. { + 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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