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 3502
 
                    House Joint Resolution 34
 
Sponsored by Representative J SMITH (at the request of Joe
  Cortright)
 
 
                             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 requiring persons
disposing of materials into air, land, surface water or ground
water to pay State of Oregon for damages.
  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 a new section 12 to be added to and made a
part of Article XV, such section to read:
   { +  SECTION 12. A person may not dispose of any materials
into the air, land, surface water or ground water resources in
this state without compensating the State of Oregon for any
damage caused by the disposal. The Legislative Assembly shall by
law establish a schedule of damages and provide for the
collection of compensation for any damage. All moneys collected
as damages under this section that remain after deduction for the
costs of collection and costs of preventing and remediating
damage to the air, land, surface water and ground water resources
in this state must be returned annually to the taxpayers of this
state on an equal basis. + }
 
  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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