Bill Text: OR HB2543 | 2013 | Regular Session | Introduced
Bill Title: Relating to initiative measures; prescribing an effective date.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2543 Detail]
Download: Oregon-2013-HB2543-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1574
House Bill 2543
Sponsored by Representative GARRETT; Representatives BARNHART,
DEMBROW, GREENLICK, MATTHEWS (Presession filed.)
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.
Modifies certain provisions relating to state initiative
measures that require appropriation or expenditure of public
moneys.
Takes effect only if House Joint Resolution 15 (2013) is
approved by people at next regular general election. Takes effect
on effective date of constitutional amendment proposed in House
Joint Resolution 15 (2013).
A BILL FOR AN ACT
Relating to initiative measures; creating new provisions;
amending ORS 250.035, 250.125 and 250.127; and prescribing an
effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2013 Act are added to
and made a part of ORS chapter 250. + }
SECTION 2. { + (1) The Secretary of State shall review a state
measure to be initiated to determine whether the measure complies
with the procedural requirements of Article IV, section 1, of the
Oregon Constitution. The secretary may not review a state measure
to be initiated for substantive constitutional or legal
sufficiency.
(2) Before obtaining signatures on a petition for a state
measure to be initiated, a chief petitioner of the measure shall
submit to the Secretary of State:
(a) An estimate of the appropriation or expenditure of public
moneys required by the measure, if enacted; and
(b) If the measure requires the appropriation or expenditure of
public moneys, an estimate of the sufficiency of the new tax or
fee, or the increase in the rate of an existing tax or fee,
included as part of the measure.
(3) The chief petitioner shall also submit documentation to
support an estimate described in subsection (2) of this section.
The Secretary of State may consider the estimate and
documentation submitted to determine whether the measure is in
compliance with the procedural requirements of Article IV,
section 1 (2)(e), of the Oregon Constitution. + }
SECTION 3. { + If the revenue from a new tax or fee, or an
increase in the rate of an existing tax or fee, included with a
measure, is challenged for sufficiency under Article IV, section
1 (2)(e), of the Oregon Constitution, the chief petitioner of the
measure bears the burden of proving by a preponderance of the
evidence that the revenue from the new or increased tax or fee
included with the measure is sufficient to cover the immediate
and future costs of the measure. + }
SECTION 4. ORS 250.035 is amended to read:
250.035. (1) The ballot title of any measure, other than a
state measure, to be initiated or referred shall consist of:
(a) A caption of not more than 10 words which reasonably
identifies the subject of the measure;
(b) A question of not more than 20 words which plainly phrases
the chief purpose of the measure so that an affirmative response
to the question corresponds to an affirmative vote on the
measure; and
(c) A concise and impartial statement of not more than 175
words summarizing the measure and its major effect.
(2) The ballot title of any state measure to be initiated or
referred shall consist of:
(a) A caption of not more than 15 words that reasonably
identifies the subject matter of the state measure. The caption
of an initiative or referendum amendment to the Constitution
shall begin with the phrase, 'Amends Constitution,' which shall
not be counted for purposes of the 15-word caption limit;
(b) A simple and understandable statement of not more than 25
words that describes the result if the state measure is approved.
The statement required by this paragraph shall include either the
phrase, 'I vote' or 'vote yes,' or a substantially similar
phrase, which may be placed at any point within the statement;
(c) A simple and understandable statement of not more than 25
words that describes the result if the state measure is rejected.
The statement required by this paragraph shall not describe
existing statutory or constitutional provisions in a way that
would lead an average elector to believe incorrectly that one of
those provisions would be repealed by approval of the state
measure, if approval would not have that result. Any thing or
action described both in the statement required by paragraph (b)
of this subsection and in the statement required by this
paragraph shall be described using the same terms in both
statements, to the extent practical. Any different terms must be
terms that an average elector would understand to refer to the
same thing or action. The statement shall include either the
phrase, 'I vote ' or 'vote no,' or a substantially similar
phrase, which may be placed at any point within the statement;
and
(d) A concise and impartial statement of not more than 125
words summarizing the state measure and its major effect.
{ + (3) The ballot title of a state measure to be initiated
that includes as part of the measure a new tax or fee, or an
increase in the rate of an existing tax or fee, as required by
Article IV, section 1 (2)(e), of the Oregon Constitution, shall
contain the statement, 'If approved, the measure will be paid for
from ___.', with a description of the new or increased tax or fee
printed in the blank space. + }
{ - (3) - } { + (4)(a) + } The statements required by
subsection (2)(b) and (c) of this section shall be written so
that, to the extent practicable, the language of the two
statements is parallel.
{ - (4) - } { + (b) + } The statement required by
subsection (2)(b) of this section shall be written so that an
affirmative response to the statement corresponds to an
affirmative vote on the state measure.
{ - (5) - } { + (c) + } The statement required by
subsection (2)(c) of this section shall be written so that an
affirmative response to the statement corresponds to a negative
vote on the state measure.
{ - (6) - } { + (d) + } In the statements required by
subsection (2)(b), (c) and (d) of this section, reasonable
discretion shall be allowed in the use of articles and
conjunctions, but the statements shall not omit articles and
conjunctions that are necessary to avoid confusion to or
misunderstanding by an average elector.
SECTION 5. ORS 250.125 is amended to read:
250.125. (1) When a state measure involves expenditure of
public moneys by the state, reduction of expenditure of public
moneys by the state, reduction of state revenues or raising of
funds by the state by imposing any tax or incurring any
indebtedness, the financial estimate committee created under this
section shall estimate:
(a) The amount of direct expenditure, direct reduction of
expenditure, direct reduction in state revenues, direct tax
revenue or indebtedness and interest that will be required to
meet the provisions of the measure if it is enacted;
{ - and - }
(b) The aggregate amount of direct expenditure, direct
reduction of expenditure, direct reduction in revenues, direct
tax revenue or indebtedness and interest that will be required by
any city, county or district to meet the provisions of the
measure if it is enacted { - . - } { + ; and
(c) In addition to the estimate under paragraph (a) of this
subsection, in the case of a state measure described in Article
IV, section 1 (2)(e), of the Oregon Constitution, the amount of
direct revenue that will be generated from a new tax or fee, or
an increase in the rate of an existing tax or fee, included as
part of the measure, if the measure is enacted. + }
(2) For a state measure for which an estimate is required to be
prepared under subsection (1) of this section, the financial
estimate committee may also estimate the amount of direct
expenditure, direct reduction of expenditure, direct reduction in
revenues, direct tax revenue or indebtedness and interest that
will result for the state or any city, county or district if the
measure is not enacted. The financial estimate committee may make
an estimate under this subsection if the Legislative Assembly has
enacted a law that will apply only if the measure for which the
estimate is prepared is not enacted.
(3) For a state measure for which an estimate is required to be
prepared under subsection (1) of this section, the financial
estimate committee shall consult with the Legislative Revenue
Officer to determine if the measure has potentially significant
indirect economic or fiscal effects. If the committee determines
that the indirect economic or fiscal effects of the measure are
significant and can be estimated, the Legislative Revenue Officer
shall prepare on behalf of the committee an impartial estimate of
the indirect economic or fiscal effects of the measure. The
Legislative Revenue Officer shall use the best available economic
models and data to produce the estimate. The financial estimate
committee shall incorporate relevant parts of the estimate
prepared by the Legislative Revenue Officer into the estimate
prepared by the committee under subsection (1) of this section.
{ + (4)(a) For a state measure described in Article IV,
section 1 (2)(e), of the Oregon Constitution, the financial
estimate committee shall consult with the Legislative Revenue
Officer to determine whether the revenue to be generated from a
new tax or fee, or an increase in the rate of an existing tax or
fee, included as part of the measure, is sufficient to cover the
immediate and future costs of measure, if enacted.
(b) The Legislative Revenue Officer shall prepare on behalf of
the financial estimate committee an impartial estimate of the
revenue of the new or increased tax or fee and an impartial
estimate of the economic or fiscal effects of the measure. The
Legislative Revenue Officer shall use the best available economic
models and data to produce the estimates. The estimates of
revenue and immediate and future costs may be expressed as a
specific amount or a range of amounts but the estimates must be
expressed in the same terms.
(c) The financial estimate committee may determine that the
amount of direct revenue from the new or increased tax or fee is
sufficient to cover the immediate and future costs of the
measure, if enacted, only if:
(A) The estimated amount of direct revenue from the new or
increased tax or fee is equal to or greater than the estimated
amount of the immediate and future costs of the measure, if
enacted; or
(B) The lowest amount expressed in the estimated range of the
amount of direct revenue from the new or increased tax or fee is
equal to or greater than the highest amount expressed in the
estimated range of the immediate and future costs of the measure,
if enacted.
(d) The financial estimate committee shall incorporate its
determination into the estimate prepared by the committee under
subsection (1) of this section. + }
{ - (4) - } { + (5) + } Except as provided in subsection
{ - (5) - } { + (6) + } of this section, the estimates
described in subsections (1) and (2) of this section shall be
printed in the voters' pamphlet and on the ballot. The estimates
shall be impartial, simple and understandable and shall include
the following information:
(a) A statement of the amount of financial effect on state or
local government expenditures, revenues or indebtedness,
expressed as a specific amount or as a range of amounts;
(b) A statement of any recurring annual amount of financial
effect on state or local government expenditures, revenues or
indebtedness;
(c) A description of the most likely financial effect or
effects of the adoption of the measure; { - and - }
(d) If an estimate is made under subsection (2) of this
section, a description of the most likely financial effect or
effects if the measure is not enacted { - . - } { + ; and
(e) In the case of a state measure described in Article IV,
section 1 (2)(e) of the Oregon Constitution, a statement as to
whether a new tax or fee, or an increase in the rate of an
existing tax or fee, included as part of the measure, is
sufficient to cover the immediate and future costs of the
measure, if enacted. + }
{ - (5) - } { + (6) + } If the financial estimate committee
determines that the measure will have no financial effect on
state or local government expenditures, revenues or indebtedness
or that the financial effect on state or local government
expenditures, revenues or indebtedness will not exceed $100,000,
the committee shall prepare and file with the Secretary of State
a statement declaring that the measure will have no financial
effect or that the financial effect will not exceed $100,000. The
statement shall be printed in the voters' pamphlet and on the
ballot.
{ - (6) - } { + (7) + } In addition to the estimates
described in subsections (1) and (2) of this section, if the
financial estimate committee considers it necessary, the
committee may prepare and file with the Secretary of State an
impartial, simple and understandable statement explaining the
financial effects of the measure. The statement may not exceed
500 words. The statement shall be printed in the voters' pamphlet
with the measure to which it relates.
{ - (7) - } { + (8) + } The Legislative Administration
Committee shall provide any administrative staff assistance
required by the financial estimate committee to facilitate the
work of the financial estimate committee under this section or
ORS 250.127.
{ - (8) - } { + (9) + } The financial estimate committee is
created, consisting of the Secretary of State, the State
Treasurer, the Director of the Oregon Department of
Administrative Services, the Director of the Department of
Revenue and a representative of a city, county or district with
expertise in local government finance. The representative of a
city, county or district shall be selected by the four other
members of the financial estimate committee and shall serve for a
term of two years that begins on March 1 of the odd-numbered
year.
SECTION 6. ORS 250.127 is amended to read:
250.127. (1) Not later than the 99th day before a special
election held on the date of a primary election or any general
election at which any state measure is to be submitted to the
people, the financial estimate committee created under ORS
250.125 shall prepare and electronically file with the Secretary
of State the estimates described in ORS 250.125 and, if the
committee considers it necessary, a statement explaining the
financial effects of the measure as described in ORS 250.125
{ - (6) - } { + (7) + }. The financial estimate committee may
begin preparation of the estimates and statement on the date that
a petition is accepted for verification of signatures under ORS
250.105 or the date that a measure referred by the Legislative
Assembly is filed with the Secretary of State, whichever is
applicable.
(2) Not later than the 95th day before the election, the
Secretary of State shall hold a hearing in Salem upon reasonable
statewide notice to receive suggested changes to the estimates or
statement or to receive other information. At the hearing any
person may submit suggested changes or other information orally
or in writing. Written suggestions or other information also may
be submitted at any time before the hearing.
(3) The financial estimate committee shall consider suggestions
and any other information submitted under subsection (2) of this
section, and may file revised estimates or a revised statement
with the Secretary of State not later than the 90th day before
the election.
(4) Except as provided in subsection (5) of this section, the
original estimates and statement and any revised estimates or
statement shall be approved by a majority of the members of the
financial estimate committee. If a member does not concur, the
estimates or statement shall show only that the member dissents.
The Secretary of State shall certify final estimates and a final
statement not later than the 90th day before the election at
which the measure is to be voted upon. All estimates and
statements prepared under ORS 250.125 and this section shall be
made available to the public.
(5) If a majority of the members of the financial estimate
committee do not approve the estimates or statement, the
Secretary of State alone shall prepare, file and certify the
estimates or statement not later than the 88th day before the
election at which the measure is to be voted upon with the data
upon which the estimates or statement is based.
(6) The support or opposition of any member of the financial
estimate committee to the original or revised estimates or
statement shall be indicated in the minutes of any meeting of the
committee. Meetings of the financial estimate committee shall be
open to the public. Designees of the members of the financial
estimate committee may attend any meetings of the committee in
the place of the members, but the designees may not vote to
approve or oppose any estimates or statement.
(7) A failure to prepare, file or certify estimates or a
statement under ORS 250.125, this section or ORS 250.131 does not
prevent the inclusion of the measure in the voters' pamphlet or
placement of the measure on the ballot.
(8) If the estimates are not delivered to the county clerk by
the 61st day before the election, the county clerk may proceed
with the printing of ballots. The county clerk is not required to
reprint ballots to include the estimates or to provide
supplemental information that includes the estimates.
SECTION 7. { + Sections 2 and 3 of this 2013 Act and the
amendments to ORS 250.035, 250.125 and 250.127 by sections 4 to 6
of this 2013 Act apply to state measures to be initiated that, if
filed with the required number of signatures of electors, will be
submitted to the people at an election held on or after the first
Tuesday after the first Monday in November 2016. + }
SECTION 8. { + This 2013 Act does not take effect unless the
amendment to the Oregon Constitution proposed by House Joint
Resolution 15 (2013) is approved by the people at the next
regular general election held throughout this state. This 2013
Act takes effect on the effective date of that constitutional
amendment. + }
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