Chapter 911 Oregon Laws 1999
Session Law
AN ACT
HB 2354
Relating to a special
election; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Except as otherwise provided in this 1999
Act, ORS chapters 250, 251 and 254 apply to the election on the measures
submitted under:
(1) House Joint Resolution 4
(1999), if House Joint Resolution 4 (1999) is referred to the people by the
Legislative Assembly;
(2) House Joint Resolution
31 (1999), if House Joint Resolution 31 (1999) is referred to the people by the
Legislative Assembly;
(3) House Joint Resolution
35 (1999), if House Joint Resolution 35 (1999) is referred to the people by the
Legislative Assembly;
(4) House Joint
Resolution 82 (1999), if House Joint Resolution 82 (1999) is referred
to the people by the Legislative Assembly;
(5) House Joint Resolution
87 (1999), if House Joint Resolution 87 (1999) is referred to the people
by the Legislative Assembly;
(6) House Joint Resolution
88 (1999), if House Joint Resolution 88 (1999) is referred to the people
by the Legislative Assembly;
(7) House Joint Resolution
89 (1999), if House Joint Resolution 89 (1999) is referred to the people
by the Legislative Assembly;
(8) House Joint
Resolution 90 (1999), if House Joint Resolution 90 (1999) is referred
to the people by the Legislative Assembly;
(9) House Joint Resolution
91 (1999), if House Joint Resolution 91 (1999) is referred to the people
by the Legislative Assembly;
(10) House Joint Resolution
92 (1999), if House Joint Resolution 92 (1999) is referred to the people
by the Legislative Assembly;
(11) House Joint Resolution
93 (1999), if House Joint Resolution 93 (1999) is referred to the people
by the Legislative Assembly;
(12) House Joint Resolution
94 (1999), if House Joint Resolution 94 (1999) is referred to the people
by the Legislative Assembly;
(13) Senate Joint Resolution
23 (1999), if Senate Joint Resolution 23 (1999) is referred to the people
by the Legislative Assembly; and
(14) Senate Joint Resolution
44 (1999), if Senate Joint Resolution 44 (1999) is referred to the people
by the Legislative Assembly.
SECTION 2. The measures referred to in section 1 of
this 1999 Act and that are referred to the people by the Legislative Assembly
shall be submitted to the electors for their approval or rejection at a special
election held throughout this state on November 2, 1999.
SECTION 3. (1) This section applies to the preparation
of a ballot title for a measure referred to in section 1 of this 1999 Act only
if a measure containing a ballot title prepared by the Legislative Assembly for
the measure does not become law by August 16, 1999.
(2) ORS 250.075 (2) governs
the preparation of a ballot title under this section, except that:
(a) The Attorney General
shall file a draft ballot title for the measure with the Secretary of State not
later than the fifth business day after the measure, or this 1999 Act, is filed
with the Secretary of State, whichever date is later; and
(b) The Attorney General
shall not send a copy of the draft ballot title to each member of the
Legislative Assembly.
(3) ORS 250.067 applies to a
ballot title prepared under this section except that the Secretary of State by
rule shall:
(a) Establish a deadline for
submitting written comments concerning the draft ballot title; and
(b) Establish a deadline for
the Attorney General to certify to the Secretary of State either the draft
ballot title or a revised ballot title.
(4) ORS 250.085 shall not
apply to a ballot title prepared under this section. The ballot titles prepared
under this section shall be the ballot titles printed in the voters' pamphlet
and as provided in section 8 of this 1999 Act.
SECTION 4. (1) This section applies to the preparation
of a financial estimate for a measure referred to in section 1 of this 1999 Act
only if a measure containing a financial estimate prepared by the Legislative
Assembly for the measure does not become law by August 16, 1999.
(2) Financial estimates
prepared under this section for the measures referred to in section 1 of this
1999 Act shall be prepared according to ORS 250.125 and 250.127, except that
the Secretary of State by rule shall:
(a) Establish a deadline for
filing the estimates described in ORS 250.125;
(b) Provide for a public
hearing on the estimates;
(c) Establish a deadline for
filing any revised estimates;
(d) Establish a deadline for
certification of the estimates; and
(e) Establish a deadline for
preparation, filing and certification of the estimates by the Secretary of
State if three of the officials named in ORS 250.125 do not approve the
estimates.
(3) ORS 250.131 does not
apply to the financial estimates prepared under this section. The financial
estimates prepared under this section shall be the financial estimates printed
in the voters' pamphlet and as provided in section 8 of this 1999 Act.
SECTION 5. (1) This section applies to the preparation
of an explanatory statement for a measure referred to in section 1 of this 1999
Act only if a measure containing an explanatory statement prepared by the
Legislative Assembly for the measure does not become law by August 16, 1999.
(2) ORS 251.205 and 251.215
apply to the preparation of explanatory statements for the measures referred to
in section 1 of this 1999 Act, except that the Secretary of State by rule shall
establish a deadline for selection of a committee to prepare the explanatory
statement, provide for a public hearing on the statement and establish
deadlines for filing the statements and any revised statements. The members of
the committee shall be selected in the manner provided in ORS 251.205.
(3) Notwithstanding ORS
251.225, if an explanatory statement is not filed by a committee under ORS
251.215, the Legislative Counsel shall prepare an impartial, simple and
understandable statement of not more than 500 words explaining the measure. The
statement of the Legislative Counsel shall be the explanatory statement of the
measure. The Secretary of State by rule shall establish a deadline for filing a
statement under this subsection.
(4) ORS 250.235 does not
apply to explanatory statements prepared under this section. The explanatory
statements prepared under this section shall be the explanatory statements
printed in the voters' pamphlet.
(5) For purposes of this
section, the election referred to in ORS 251.205, 251.215 and 251.295 shall be
the special election held on the date specified in section 2 of this 1999 Act.
SECTION 6. Arguments relating to the measures referred
to in section 1 of this 1999 Act may be filed with the Secretary of State under
ORS 251.245 and 251.255, except that an argument shall be filed not later than
the date set by the Secretary of State by rule. Notwithstanding ORS 192.410 to
192.505 relating to public records, an argument filed under this section is
exempt from public inspection until the fourth business day after the deadline
for filing the argument.
SECTION 7. (1) The Secretary of State shall cause to
be printed in a voters' pamphlet the number, ballot title and text of each
measure referred to in section 1 of this 1999 Act and the financial estimate,
explanatory statement and arguments relating to each measure. The Secretary of
State shall also print 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 the measures
referred to in section 1 of this 1999 Act. Notwithstanding ORS 251.285, the
measures referred to in section 1 of this 1999 Act shall be the only measures
included in the voters' pamphlet prepared under this 1999 Act.
(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 279.011, 279.015 and 279.017 to 279.063 relating to competitive
bidding.
SECTION 8. (1) The Secretary of State shall prepare
and deliver to each county clerk by the most expeditious means practicable a
certified statement of the measures referred to in section 1 of this 1999 Act.
The Secretary of State shall include with the statement the number, financial
estimate and full ballot title of each 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 full ballot title of
each 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 each ballot title, the financial estimate and
any other material required by law.
SECTION 9. (1) The Secretary of State may adopt rules
governing the procedures for conducting the election on the measures referred
to in section 1 of this 1999 Act as may be necessary to implement this 1999
Act.
(2) Notwithstanding ORS
254.465, the election on the measures referred to in section 1 of this 1999 Act
shall be conducted by mail in all counties in this state as provided under ORS
254.470.
(3) Notwithstanding any
provision of section 3, 4 or 5 of this 1999 Act, on or after the effective date
of this 1999 Act, the Secretary of State may take any action necessary to
facilitate the preparation of ballot titles, financial estimates or explanatory
statements as described in sections 3, 4 and 5 of this 1999 Act. If a measure
containing a ballot title, financial estimate or explanatory statement prepared
by the Legislative Assembly becomes law by August 16, 1999, the ballot title,
financial estimate or explanatory statement prepared by the Legislative
Assembly shall be the ballot title, financial estimate or explanatory statement
printed in the voters' pamphlet as provided in section 8 of this 1999 Act.
SECTION 10. (1) In addition to and not in lieu of any
other appropriations or moneys made available by law or from other sources,
there is appropriated to the Emergency Board the amount of $1,400,000, out of
the General Fund, for the payment of direct expenses of this state incurred in
submitting, by action of the Legislative Assembly, any measure to the people at
a special election held throughout this state on November 2, 1999.
(2) If all such moneys are
not allocated by the Emergency Board prior to July 1, 2000, such unallocated
moneys on that date become available for any other purpose for which the
Emergency Board lawfully may allocate funds.
SECTION 11. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect on its passage.
Approved by the Governor
July 30, 1999
Filed in the office of
Secretary of State July 30, 1999
Effective date July 30, 1999
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