70th OREGON LEGISLATIVE ASSEMBLY--1999 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 2713
House Bill 3487
Sponsored by Representative LUNDQUIST; Representative BACKLUND
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.
Directs chief petitioner of prospective initiative measure to
submit copy of measure to Legislative Counsel. Directs
Legislative Counsel to review measure and issue report to chief
petitioner specifying revisions Legislative Counsel believes are
necessary to clarify measure or conform measure to legislative
drafting style.
Creates 12-member citizen initiative review committee appointed
by Governor, President of Senate and Speaker of House of
Representatives to review proposed state initiative measures
qualified for ballot. Directs committee to review proposed state
initiative measures and identify issues raised by proposed state
initiative measure. Directs committee to issue report. Requires
hearings. Sets deadlines. Requires dissemination of report to
public and news media. Allows chief petitioner to amend proposed
state initiative measure without filing additional petition or
changing ballot title.
A BILL FOR AN ACT
Relating to review of proposed state initiative measures;
creating new provisions; and amending ORS 250.045 and 251.185.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 6 of this 1999 Act are added to
and made a part of ORS chapter 250. + }
SECTION 2. { + (1) Before filing a prospective petition to
initiate a state measure with the Secretary of State under ORS
250.045, the chief petitioner shall submit a copy of the proposed
state initiative measure to the Legislative Counsel.
(2) Not later than the 25th business day after receiving the
proposed state initiative measure, the Legislative Counsel shall
provide a written report to the petitioner. The report shall
identify:
(a) Revisions the Legislative Counsel believes are necessary to
clarify the purpose or effect of the proposed state initiative
measure; and
(b) Revisions the Legislative Counsel believes are necessary to
conform the proposed state initiative measure to standard
legislative drafting style.
(3) The chief petitioner is under no obligation to amend the
proposed state initiative measure in response to the report of
the Legislative Counsel. The petitioner may file the prospective
petition for the proposed state initiative measure with the
Secretary of State after receiving the report from the
Legislative Counsel. The petitioner shall supply the Secretary of
State with written evidence that the petitioner has complied with
the requirements of this section.
(4) If the Legislative Counsel fails to provide a written
report to the chief petitioner as required under this section,
the petitioner may file the prospective petition for the proposed
state initiative measure with the Secretary of State without
written evidence of compliance with this section. The failure to
provide a written report under this section shall have no effect
on the approval of the prospective petition for a proposed state
initiative measure, the circulation of the initiative petition
for signatures or the placement of the proposed state initiative
measure on the ballot.
(5) This section does not apply to proposed state initiative
measures drafted by the Legislative Counsel. + }
SECTION 3. { + (1) A citizen initiative review committee of 12
members shall be appointed as provided in this section. The
committee shall consist of four members appointed by the
Governor, four members appointed by the President of the Senate
and four members appointed by the Speaker of the House of
Representatives. No more than two members appointed by each
appointing authority shall be members of the same major political
party. The Governor shall appoint a chairperson of the committee
from among the members appointed by the Governor.
(2) Members of the committee shall be electors. During the term
of service on the committee, a member of the committee shall not
hold public office or any position subject to confirmation by the
Senate under section 4, Article III of the Oregon Constitution.
Members of the committee shall be considered public officials for
purposes of ORS chapter 244. The committee shall adopt rules
governing its operation.
(3) Committee members shall be appointed not later than July 1
of each even-numbered year and shall serve for a term of two
years. A member of the committee is eligible for reappointment. A
vacancy shall be filled by the appointing authority.
(4) Members of the committee are entitled to expenses for each
day they are engaged in committee business. Claims for these and
other expenses incurred in performing functions of the committee
shall be paid out of funds appropriated for the expenses of the
Legislative Assembly.
(5) Each member of the committee shall have official immunity
and shall be immune from civil action and liability, both
personally and in the member's official capacities, for any tort
claim or demand, whether groundless or otherwise, arising out of
any alleged act, error or omission of the member occurring in the
performance of the member's duties. For purposes of this section,
' tort' has the meaning given that term in ORS 30.260. + }
SECTION 4. { + (1) When an approved prospective petition for a
state measure to be initiated is filed with the Secretary of
State, the secretary immediately shall send two copies to the
chairperson of the citizen initiative review committee created
under section 3 of this 1999 Act.
(2) The committee shall review the provisions of each proposed
state initiative measure, receive public testimony on each
proposed state initiative measure, identify issues raised by the
proposed state initiative measure and issue a report as described
in this section. The committee may consult with staff employed by
the Legislative Assembly and executive department agencies.
(3) The committee may organize itself into subcommittees to
conduct the work of the committee under this section. Each
subcommittee shall have the powers granted under this section to
the full committee. The membership of each subcommittee shall be
balanced so that a majority of members of the subcommittee are
not members of the same political party. Any reference to the
citizen initiative review committee in this section or section 3,
5 or 6 of this 1999 Act shall be considered to include any
subcommittee of the committee.
(4) The committee shall send a copy of the proposed state
initiative measure to the Legislative Fiscal Officer and the
State Treasurer. The Legislative Fiscal Officer shall estimate
the financial effect the proposed state initiative measure may
have on the operations of state government and on counties,
cities and districts and shall submit the estimate to the
committee not later than the date of the committee's first public
hearing on the proposed state initiative measure held under this
section. The committee may accept estimates of the financial
effect of the proposed state initiative measure prepared by any
other person.
(5) The committee shall hold at least one public hearing on
each proposed state initiative measure and shall provide
reasonable statewide notice of the date, time and location of any
hearing.
(6) The committee shall consider any public testimony received
at a public hearing and any written testimony otherwise submitted
to the committee. Not later than the deadline for the Attorney
General to certify a ballot title for the proposed state
initiative measure under ORS 250.067, the committee shall issue a
written report on the proposed state initiative measure to the
Governor, the Secretary of State, the State Treasurer, the
Legislative Assembly and the chief petitioner of the proposed
state initiative measure. The committee shall also prepare a
summary of the report. To the extent possible, the report issued
by the committee, any addendum to the report required under
subsection (8) of this section and the summary of the report and
addendum shall be objective and impartial and shall not take a
position supporting or opposing the proposed state initiative
measure.
(7) For each proposed state initiative measure, the report
prepared by the committee shall:
(a) Include the financial estimate prepared by the Legislative
Fiscal Officer under subsection (4) of this section;
(b) Identify issues raised by the proposed state initiative
measure; and
(c) Include a summary of all public testimony received at any
public hearing held on the proposed state initiative measure or
otherwise received in writing.
(8) If the proposed state initiative measure is amended as
provided in section 5 of this 1999 Act, the committee may issue
an addendum to the report prepared under this section. The
addendum shall be issued not later than five business days after
the proposed state initiative measure is amended and shall
identify any issues raised by the proposed state initiative
measure, as amended. The addendum shall be issued to the same
persons as the original report, as described in subsection (6) of
this section.
(9) The written report issued by the committee under this
section shall include only the information described in
subsection (7) of this section.
(10) On the date that the committee issues its report or an
addendum to its report under this section, the committee shall
also disseminate the report or addendum to the public and the
news media in any manner the committee considers appropriate.
(11) If the proposed state initiative measure qualifies for
placement on the ballot under ORS 250.105, the summary of the
report and of any addendum to the report issued by the committee
under this section shall be included in the voters' pamphlet with
other material relating to the proposed state initiative measure.
(12) The committee may determine not to review a proposed state
initiative measure under this section and section 5 of this 1999
Act if the committee has already reviewed a proposed state
initiative measure that is substantially similar to the proposed
state initiative measure. If the committee determines not to
review a proposed state initiative measure under this subsection,
the committee shall issue a written statement to that effect. If
a proposed state initiative measure that was not reviewed by the
committee qualifies for the ballot, the committee report for the
substantially similar proposed state initiative measure reviewed
by the committee shall be the report printed in the voters'
pamphlet. + }
SECTION 5. { + (1) Within five business days after the citizen
initiative review committee issues its report or any addendum to
the report under section 4 of this 1999 Act, the chief petitioner
of a proposed state initiative measure may amend the proposed
state initiative measure. If the amendments are approved by the
Attorney General as described in subsection (2) of this section:
(a) The amendments are not subject to review under section 2 of
this 1999 Act;
(b) The chief petitioner does not have to file another
prospective petition or obtain a different ballot title; and
(c) Section 4 (1) to (6) of this 1999 Act does not apply to the
amendments.
(2) The chief petitioner may amend the proposed state
initiative measure as described in subsection (1) of this section
if the Attorney General certifies to the Secretary of State that:
(a) The proposed amendment will not substantially change the
substance of the proposed state initiative measure; and
(b) The ballot title certified by the Attorney General or the
Supreme Court accurately describes the proposed state initiative
measure, as amended.
(3) The Attorney General shall approve or disapprove an
amendment under subsection (2) of this section not later than
five business days after the date the petitioner amends the
proposed state initiative measure. + }
SECTION 6. { + (1) If the citizen initiative review committee
or the Attorney General fails to perform any of its duties under
section 3, 4 or 5 of this 1999 Act with regard to a particular
proposed state initiative measure, the chief petitioner of the
proposed state initiative measure may proceed with the initiative
petition as if the requirements of sections 3, 4 and 5 of this
1999 Act had been satisfied. A failure of the committee or
Attorney General to comply with any provision of section 3, 4 or
5 of this 1999 Act shall have no effect on the approval of the
prospective petition for a proposed state initiative measure, the
circulation of the petition for signatures or the placement of
the proposed state initiative measure on the ballot.
(2) An action or failure to act of the Legislative Counsel, the
citizen initiative review committee or the Attorney General under
section 2, 3, 4 or 5 of this 1999 Act shall not be subject to
judicial review in any form. + }
SECTION 7. ORS 250.045 is amended to read:
250.045. (1) { - Before circulating a petition to initiate or
refer a state measure under section 1, Article IV, Oregon
Constitution, the petitioner shall file with the Secretary of
State a prospective petition. - } { + A prospective petition
shall be filed with the Secretary of State for each petition to
initiate or refer a state measure. For a state measure to be
initiated, the prospective petition shall be filed after the
petitioner complies with section 2 of this 1999 Act and before
the initiative petition is circulated for the purpose of
obtaining signatures. For a state measure to be referred, the
prospective petition shall be filed before the referendum
petition is circulated for the purpose of obtaining signatures.
(2) + }The prospective petition for a state measure to be
initiated shall contain a statement of sponsorship signed by at
least 25 electors. The signatures in the statement of sponsorship
must be accompanied by a certificate of the county clerk of each
county in which the electors who signed the statement reside,
stating the number of signatures believed to be genuine. The
Secretary of State shall date and time stamp the prospective
petition and specify the form on which the petition shall be
printed for circulation. The secretary shall retain the
prospective petition.
{ - (2) The chief petitioner may amend the proposed initiated
measure filed with the Secretary of State without filing another
prospective petition, if: - }
{ - (a) The Attorney General certifies to the Secretary of
State that the proposed amendment will not substantially change
the substance of the measure; and - }
{ - (b) The deadline for submitting written comments on the
draft title has not passed. - }
(3) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 250.065 (1). If a petition seeking a different
ballot title is not filed with the Supreme Court by the deadline
for filing a petition under ORS 250.085, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.067 (2). However, if the Supreme Court has reviewed the
ballot title, the cover of the initiative petition shall contain
the title certified by the court.
(4) The chief petitioners shall include with the prospective
petition a statement declaring whether one or more persons will
be paid money or other valuable consideration for obtaining
signatures of electors on the initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners first has knowledge or should have
had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
(5)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the subject expressed in
the title of the Act to be referred.
(b) Each sheet of signatures on an initiative or referendum
petition shall:
(A) Contain only the signatures of electors of one county;
(B) If one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid'; and
(C) If the person obtaining the signatures on the petition is
being paid, contain a notice stating that the person obtaining
the signatures is being paid. The notice shall be in boldfaced
type and shall be prominently displayed on the sheet.
(c) The Secretary of State by rule shall adopt a method of
designation to distinguish signature sheets of referendum
petitions containing the same subject reference and being
circulated during the same period.
(6) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(7) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. Each
signature sheet of the initiative or referendum petition shall be
verified on its face by the signed statement of the circulator
that the individuals signed the sheet in the presence of the
circulator and that the circulator believes each individual is an
elector.
(8) The person obtaining signatures on the petition shall carry
at least one full and correct copy of the measure to be initiated
or referred and shall allow any person to review a copy upon
request of the person.
SECTION 8. ORS 251.185 is amended to read:
251.185. { + (1) + } The Secretary of State shall have printed
in the voters' pamphlet for a general or special election a copy
of the title and text of each state measure to be submitted to
the people at the election for which the pamphlet was prepared.
{ + (2) + } Each measure shall be printed in the pamphlet
with the number, ballot title and the financial estimates under
ORS 250.125 to be printed on the official ballot, { - and - }
with the explanatory statement and arguments relating to
{ - it - } { + the measure and with a summary of any report,
or addendum to the report, of the citizen initiative review
committee, or any subcommittee thereof, required under section 4
of this 1999 Act + }.
{ + (3) + } The Secretary of State also shall have printed in
the voters' pamphlet any county measure or measure of a
metropolitan service district organized under ORS chapter 268,
and ballot title, explanatory statement and arguments relating to
the measure, filed by the county or metropolitan service district
under ORS 251.285.
SECTION 9. { + (1) Sections 2 to 6 of this 1999 Act and the
amendments to ORS 250.045 and 251.185 by sections 7 and 8 of this
1999 Act do not apply to any initiative petition that, if filed
with the Secretary of State with the required number of
signatures of qualified electors, will be submitted to the people
at the general election held on the first Tuesday after the first
Monday in November 2000.
(2) Sections 2 to 6 of this 1999 Act and the amendments to ORS
250.045 and 251.185 by sections 7 and 8 of this 1999 Act apply to
any initiative petition for which a prospective petition is filed
on or after the effective date of this 1999 Act and that, if
filed with the Secretary of State with the required number of
signatures of qualified electors, will be submitted to the people
at an election occurring after the first Tuesday after the first
Monday in November 2000. + }
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