Relating to a constitutional convention; and providing that this Act shall be referred to the people for their approval or rejection.


 
 
 
     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 625
 
                         House Bill 2620
 
Sponsored by Representatives RILEY, GREENLICK; Representatives
  BARTON, J SMITH
 
 
                             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.
 
  Provides for constitutional convention in 2011. Establishes
qualifications for delegates, number of delegates and manner of
electing delegates. Requires that chairperson of convention
certify proposed Constitution to Secretary of State no later than
August 26, 2011. Requires that Secretary of State submit proposed
Constitution to people for approval or rejection at special
election to be held on November 8, 2011.
  Creates Constitutional Commission to make recommendations to
constitutional convention and serve as resource for advice and
consultation to constitutional convention.
  Refers Act to people for their approval or rejection at next
regular general election.
 
                        A BILL FOR AN ACT
Relating to a constitutional convention; and providing that this
  Act shall be referred to the people for their approval or
  rejection.
  Whereas the Oregon Constitutional Convention of 1857 met for
the purpose of establishing the limits of a new government and
securing the rights of the people within the borders of the
proposed State of Oregon; and
  Whereas it is a well-established principle that constitutions
exist for the sole purpose of defining and limiting the powers of
government and securing the natural and positive rights of
individuals; and
  Whereas the Oregon Constitution since its inception has been
extended beyond the original intent, becoming a cumbersome
document regulating the minutiae of government and individual
affairs; and
  Whereas amendments have lessened the Oregon Constitution's
capacity to fulfill either the original intent of the drafters or
contemporary needs; and
  Whereas the people of Oregon now find it necessary and
preferable to publicly debate once again the purpose and
provisions of their Constitution and to create a new Constitution
consistent with their present desires; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) On or before July 1, 2011, the delegates
elected or otherwise chosen as provided in this section shall
convene at the State Capitol to study the laws and the
Constitution of this state and to draft a new Constitution for
the State of Oregon. The Governor shall determine the day on
which the 2011 Constitutional Convention will convene and shall
give not less than 30 days' notice of the day to the delegates.
  (2) There shall be 50 delegates to the 2011 Constitutional
Convention, consisting of 10 delegates representing each of
Oregon's congressional districts. Each delegate must be a legal
voter of the state and have continuously resided in the
congressional district the delegate represents for at least three
years before the delegate nominating election. The delegates
shall be elected on a nonpartisan basis.
  (3) The delegate nominating election shall be held at the same
time as the primary election on May 18, 2010. The 20 candidates
receiving the most votes in each congressional district, or all
candidates if there are 20 or fewer candidates, shall run for
election at the general election held on November 2, 2010. The 10
candidates receiving the most votes in each congressional
district at the general election, or all candidates if there are
10 or fewer candidates, shall represent their congressional
district as delegates to the 2011 Constitutional Convention. If
there are fewer than 10 candidates from a congressional district
at the general election, the candidates elected shall choose
additional delegates as necessary. Persons currently serving in
local or state elected office, and candidates for local or state
elected offices, may file for and serve as delegates to the
convention.
  (4) The Secretary of State shall adopt rules establishing
procedures for candidates filing for the nomination and election
of delegates at the 2010 primary and general elections. Any
filing fees established by the Secretary of State may not exceed
$100.
  (5) If a vacancy occurs in the position of a delegate, the
remaining delegates from the congressional district shall choose
a person who meets the qualifications specified by subsection (2)
of this section to fill the vacancy.
  (6) Upon convening, the delegates shall elect a chairperson,
secretary and other officers and committees as they deem
advisable. The deliberations of the convention shall be subject
to Mason's Manual of Legislative Procedure except to the extent
provided by rules adopted by a majority vote of the delegates.
  (7) When a new Constitution has been drafted, the chairperson
of the convention shall certify the proposed Constitution to the
Secretary of State. The certification must be made no later than
August 26, 2011. The Secretary of State shall submit the proposed
Constitution to the people for their approval or rejection at a
special election to be held on November 8, 2011. + }
  SECTION 2.  { + (1) A Constitutional Commission is created to:
  (a) Study the laws and Constitution of this state for the
purpose of identifying potential corrections, improvements and
additions to the Oregon Constitution for referral to the 2011
Constitutional Convention; and
  (b) Make recommendations to and serve as a resource for the
convention.
  (2) The commission has 12 members, appointed as follows:
  (a) Four members of the Senate, appointed by the President of
the Senate;
  (b) Four members of the House of Representatives, appointed by
the Speaker of the House of Representatives;
  (c) Two members, appointed by the Governor, who have a thorough
knowledge of the history of the State of Oregon, the laws and
Constitution of the State of Oregon and constitutional principles
in general; and
  (d) Two members, appointed by the Chief Justice of the Supreme
Court, who have a thorough knowledge of the history of the State
of Oregon, the laws and Constitution of the State of Oregon and
constitutional principles in general.
  (3) Appointments to the commission shall be made no later than
March 15, 2010. The commission shall elect a chairperson, and
shall meet at such times and places as the commission finds
necessary. + }
  SECTION 3.  { + Section 2 of this 2009 Act is repealed January
2, 2012. + }
  SECTION 4.  { + This 2009 Act 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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