70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
House Joint Resolution 21
Sponsored by Representatives SHETTERLY, WILLIAMS; Representative
DEVLIN
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 1d to be added to and made a part of
Article IV, and by amending section 1, Article IV, such sections
to read:
{ + Sec. 1. + } (1) The legislative power of the state,
except for the initiative and referendum powers reserved to the
people, is vested in a Legislative Assembly, consisting of a
Senate and a House of Representatives.
(2)(a) The people reserve to themselves the initiative power,
which is to propose laws and amendments to the Constitution and
enact or reject them at an election independently of the
Legislative Assembly.
(b) An initiative law may be proposed only by a petition signed
by a number of qualified voters equal to six percent of the total
number of votes cast for all candidates for Governor at the
election at which a Governor was elected for a term of four years
next preceding the filing of the petition.
(c) An initiative amendment to the Constitution may be proposed
only by a petition signed by a number of qualified voters equal
to { - eight - } { + 12 + } percent of the total number of
votes cast for all candidates for Governor at the election at
which a Governor was elected for a term of four years next
preceding the filing of the petition.
(d) An initiative petition shall include the full text of the
proposed law or amendment to the Constitution. A proposed law or
amendment to the Constitution shall embrace one subject only and
matters properly connected therewith.
(e) An initiative petition shall be filed not less than four
months before the election at which the proposed law or amendment
to the Constitution is to be voted upon.
(3)(a) The people reserve to themselves the referendum power,
which is to approve or reject at an election any Act, or part
thereof, of the Legislative Assembly that does not become
effective earlier than 90 days after the end of the session at
which the Act is passed.
(b) A referendum on an Act or part thereof may be ordered by a
petition signed by a number of qualified voters equal to four
percent of the total number of votes cast for all candidates for
Governor at the election at which a Governor was elected for a
term of four years next preceding the filing of the petition. A
referendum petition shall be filed not more than 90 days after
the end of the session at which the Act is passed.
(c) A referendum on an Act may be ordered by the Legislative
Assembly by law. Notwithstanding section 15b, Article V of this
Enrolled House Joint Resolution 21 (HJR 21-A) Page 1
Constitution, bills ordering a referendum and bills on which a
referendum is ordered are not subject to veto by the Governor.
(4)(a) Petitions or orders for the initiative or referendum
shall be filed with the Secretary of State. The Legislative
Assembly shall provide by law for the manner in which the
Secretary of State shall determine whether a petition contains
the required number of signatures of qualified voters. The
Secretary of State shall complete the verification process within
the 15-day period after the last day on which the petition may be
filed as provided in paragraph (e) of subsection (2) or paragraph
(b) of subsection (3) of this section.
(b) Initiative and referendum measures shall be submitted to
the people as provided in this section and by law not
inconsistent therewith.
(c) All elections on initiative and referendum measures shall
be held at the regular general elections, unless otherwise
ordered by the Legislative Assembly.
(d) Notwithstanding section 1, Article XVII of this
Constitution, an initiative or referendum measure becomes
effective 30 days after the day on which it is enacted or
approved by a majority of the votes cast thereon. A referendum
ordered by petition on a part of an Act does not delay the
remainder of the Act from becoming effective.
(5) The initiative and referendum powers reserved to the people
by subsections (2) and (3) of this section are further reserved
to the qualified voters of each municipality and district as to
all local, special and municipal legislation of every character
in or for their municipality or district. The manner of
exercising those powers shall be provided by general laws, but
cities may provide the manner of exercising those powers as to
their municipal legislation. In a city, not more than 15 percent
of the qualified voters may be required to propose legislation by
the initiative, and not more than 10 percent of the qualified
voters may be required to order a referendum on legislation.
(6) Making Signature Gatherers Be Registered Oregon Voters. A
person gathering signatures on an initiative or referendum
petition shall be registered to vote in this state in the manner
provided by law.
{ + SECTION 1d. + } { + (1) The amendment to section 1 of
this Article by House Joint Resolution 21 (1999) does not apply
to any initiative petition that, if filed with the Secretary of
State with the required number of signatures of qualified voters,
will be submitted to the people at the general election held on
the first Tuesday after the first Monday in November 2000.
(2) The amendment to section 1 of this Article by House Joint
Resolution 21 (1999) does apply to any initiative petition that,
if filed with the Secretary of State with the required number of
signatures of qualified voters, will be submitted to the people
at a general election occurring after the first Tuesday after the
first Monday in November 2000, regardless of when the prospective
petition for the initiative petition is filed.
(3) This section is repealed December 31, 2002. + }
PARAGRAPH 2. { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at a special election held throughout this state on the same date
as the next biennial primary election. + }
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Enrolled House Joint Resolution 21 (HJR 21-A) Page 2
Adopted by House May 13, 1999
Readopted by House July 6, 1999
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Chief Clerk of House
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Speaker of House
Adopted by Senate July 1, 1999
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President of Senate
Enrolled House Joint Resolution 21 (HJR 21-A) Page 3