75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2895
Sponsored by Representatives CANNON, HARKER, Senator WHITSETT;
Representatives BAILEY, BUCKLEY, CLEM, D EDWARDS, GARRARD,
GARRETT, GREENLICK, KOMP, NATHANSON, OLSON, SCHAUFLER, SHIELDS,
J SMITH, VANORMAN, WITT, Senators BURDICK, DEVLIN, DINGFELDER,
MONNES ANDERSON, MONROE, MORRISETTE, MORSE, WALKER
CHAPTER ................
AN ACT
Relating to state measures; and declaring an emergency.
Whereas the people of Oregon support the initiative process as
a means for Oregon residents to propose laws and enact or reject
the laws at an election independent of the Legislative Assembly;
and
Whereas informed public discussion and exercise of the
initiative power will be enhanced by review of statewide measures
by an independent panel of Oregon voters who will then report to
the electorate in the voters' pamphlet; and
Whereas a provisional Citizen Initiative Review took place in
September 2008 and demonstrated the review process to be fair;
now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Secretary of State shall designate one
or more organizations to work cooperatively to establish citizen
panels to review not more than three initiated state measures and
file with the secretary Citizen Statements on each measure
reviewed to be included in the voters' pamphlet. An organization
is eligible to be designated under this section if the
organization ensures all of the following:
(a) The selection of citizens for each panel from a
representative sample of anonymous electors, using survey
sampling methods that, to the extent practicable, give every
elector a similar chance of being selected.
(b) To the extent practicable and legally permissible, that the
demographic makeup of each panel fairly reflects the population
of the electorate of this state as a whole, with respect to the
following characteristics, prioritized in the following order:
(A) The location of the elector's residence.
(B) The elector's party affiliation, if any.
(C) The elector's voting history.
(D) The elector's age.
(c) That the organization will:
(A) Compensate each elector for each day served on a panel in
an amount calculated using the average weekly wage as defined in
ORS 656.211;
Enrolled House Bill 2895 (HB 2895-A) Page 1
(B) Reimburse each elector who serves on a panel for travel
expenses in accordance with the reimbursement policies of the
organization; and
(C) Provide for any and all other costs required to convene and
conduct a citizen panel and for any costs associated with
printing the statements in the voters' pamphlet.
(d) That a study will be conducted to evaluate the usefulness
of the panels established by the organization and that the
results will be made available to the public.
(e) That the organization has staff with prior experience in
conducting substantially similar reviews.
(f) That the organization does not and will not receive any
funds, directly or indirectly, from a political committee, as
defined in ORS 260.005, or corporate or union treasuries.
(g) That each panel is moderated by two professional mediators
or facilitators who have been trained to conduct citizen review
panels.
(2) An organization designated under this section shall convene
a separate citizen panel of not less than 18 and not more than 24
electors for each measure to be reviewed. A panel shall meet to
review the measure on five consecutive days for a total of not
less than 25 hours. The organization shall make reasonable
efforts to provide each panel with any complaints filed regarding
the measure reviewed by the panel not later than the fourth day
the panel convenes.
(3)(a) Notwithstanding ORS 251.185, a citizen panel may prepare
and file with the Secretary of State, and the secretary shall
have printed in the voters' pamphlet, not more than four Citizen
Statements for each initiated state measure considered by the
panel. The panel may submit the following statements of not more
than 150 words each:
(A) A Citizen Statement in favor of the measure.
(B) A Citizen Statement opposed to the measure.
(C) A Citizen Statement that is neither in favor of nor opposed
to the measure.
(D) A Citizen Statement that reflects the views regarding the
measure of more than a majority of the panel.
(b) A citizen panel must file with the Secretary of State any
Citizen Statements prepared under this section not later than 70
days before the date of the election for which the voters'
pamphlet is being prepared.
(c) If a Citizen Statement on a measure is included in the
voters' pamphlet, the secretary shall provide with the statement
a description of not more than 150 words of the citizen panel
process described in this section and the following
explanation: + }
________________________________________________________________
{ + The opinions expressed in this statement are those of the
members of a citizen panel and were developed through the citizen
review process. They are NOT official opinions or positions
endorsed by the State of Oregon or any government agency. A
citizen panel is not a judge of the constitutionality or legality
of any ballot measure, and any statements about such matters are
not binding on a court of law. + }
________________________________________________________________
SECTION 2. { + This 2009 Act is repealed on January 2,
2011. + }
Enrolled House Bill 2895 (HB 2895-A) Page 2
SECTION 3. { + 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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Passed by House May 29, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 16, 2009
...........................................................
President of Senate
Enrolled House Bill 2895 (HB 2895-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2895 (HB 2895-A) Page 4