Bill Text: OR HJR27 | 2013 | Regular Session | Introduced
Bill Title: Proposing amendment to Oregon Constitution relating to voting requirements for passage of certain legislative measures.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HJR27 Detail]
Download: Oregon-2013-HJR27-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 3003
House Joint Resolution 27
Sponsored by Representative KENNEMER
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 to require at least
two-thirds majority vote of all members elected to each house of
Legislative Assembly to pass bills or adopt joint resolutions.
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 amending section 25, Article IV, sections 3, 4 and 6, Article
X-A, section 15, Article XI, and section 4, Article XV, such
sections to read:
{ + Sec. 25. + } (1) { - Except as otherwise provided in
subsection (2) of this section, a - } { + A two-thirds + }
majority of all the members elected to each House shall be
necessary to pass every bill or Joint resolution.
{ - (2) Three-fifths of all members elected to each House
shall be necessary to pass bills for raising revenue. - }
{ - (3) - } { + (2) + } All bills, and Joint resolutions
passed, shall be signed by the presiding officers of the
respective houses.
{ + Sec. 3. + } If the Governor declares that a catastrophic
disaster has occurred:
(1) Notwithstanding sections 10 and 10a, Article IV of this
Constitution, the Legislative Assembly may convene in a place
other than the Capitol of the State if the Governor or the
Legislative Assembly determines that the Capitol is inaccessible.
(2) Notwithstanding section 12, Article IV of this
Constitution, during any period of time when members of the
Legislative Assembly are unable to compel the attendance of
two-thirds of the members of each house because the catastrophic
disaster has made it impossible to locate members or impossible
for them to attend, two-thirds of the members of each house who
are able to attend shall constitute a quorum to do business.
(3) In a session of the Legislative Assembly that is called
because of the catastrophic disaster or that was imminent or
ongoing at the time the catastrophic disaster was declared, the
number of members of each house that constitutes a quorum under
subsection (2) of this section may suspend the rule regarding
reading of bills under the same circumstances and in the same
manner that two-thirds of the members may suspend the rule under
section 19, Article IV of this Constitution.
(4) Notwithstanding section 25, Article IV of this
Constitution, during any period of time when members of the
Legislative Assembly are unable to compel the attendance of
two-thirds of the members of each house because the catastrophic
disaster has made it impossible to locate members or impossible
for them to attend, { - three-fifths - } { + two-thirds + }
of the members of each house who are able to attend a session
described in subsection (3) of this section shall be necessary to
pass every bill or joint resolution.
(5) Notwithstanding section 1a, Article IX of this
Constitution, the Legislative Assembly may declare an emergency
in any bill regulating taxation or exemption, including but not
limited to any bill that decreases or suspends taxes or postpones
the due date of taxes, if the Legislative Assembly determines
that the enactment of the bill is necessary to provide an
adequate response to the catastrophic disaster.
{ + Sec. 4. + } (1) If the Governor declares that a
catastrophic disaster has occurred:
(a) The Legislative Assembly may enact laws authorizing the use
of revenue described in section 3a, Article IX of this
Constitution, for purposes other than those described in that
section.
(b) The Legislative Assembly may, by a vote of the number of
members of each house that constitutes a quorum under subsection
(2) of section 3 of this Article, appropriate moneys that would
otherwise be returned to taxpayers under section 14, Article IX
of this Constitution, to state agencies for the purpose of
responding to the catastrophic disaster.
(c) Notwithstanding section 7, Article XI of this Constitution,
the Legislative Assembly may lend the credit of the state or
create debts or liabilities in an amount the Legislative Assembly
considers necessary to provide an adequate response to the
catastrophic disaster.
(d) The provisions of section 15, Article XI of this
Constitution, do not apply to any law that is approved by
{ - three-fifths - } { + two-thirds + } of the members of
each house who are able to attend a session described in
subsection (3) of section 3 of this Article.
(e) The Legislative Assembly may take action described in
subsection (6) of section 15, Article XI of this Constitution,
upon approval by { - three-fifths - } { + two-thirds + } of
the members of each house who are able to attend a session
described in subsection (3) of section 3 of this Article.
(f) Notwithstanding section 4, Article XV of this Constitution,
the Legislative Assembly may allocate proceeds from the State
Lottery for any purpose and in any ratio the Legislative Assembly
determines necessary to provide an adequate response to the
catastrophic disaster.
(2) Nothing in this section overrides or otherwise affects the
provisions of section 15b, Article V of this Constitution.
{ + Sec. 6. + } (1) Except as provided in subsection (2) of
this section, the provisions of sections 1 to 5 of this Article,
once invoked, shall cease to be operative not later than 30 days
following the date the Governor invoked the provisions of
sections 1 to 5 of this Article, or on an earlier date
recommended by the Governor and determined by the Legislative
Assembly. The Governor may not recommend a date under this
subsection unless the Governor finds and declares that the
immediate response to the catastrophic disaster has ended.
(2) Prior to expiration of the 30-day limit established in
subsection (1) of this section, the Legislative Assembly may
extend the operation of sections 1 to 5 of this Article beyond
the 30-day limit upon the approval of { - three-fifths - }
{ + two-thirds + } of the members of each house who are able to
attend a session described in subsection (3) of section 3 of this
Article.
(3) The determination by the Legislative Assembly required by
subsection (1) of this section or an extension described in
subsection (2) of this section shall take the form of a bill. A
bill that extends the operation of sections 1 to 5 of this
Article shall establish a date upon which the provisions of
sections 1 to 5 of this Article shall cease to be operative. A
bill described in this subsection shall be presented to the
Governor for action in accordance with section 15b, Article V of
this Constitution.
(4) A bill described in subsection (3) of this section may
include any provisions the Legislative Assembly considers
necessary to provide an orderly transition to compliance with the
requirements of this Constitution that have been overridden under
this Article because of the Governor's declaration of a
catastrophic disaster.
(5) The Governor may not invoke the provisions of sections 1 to
5 of this Article more than one time with respect to the same
catastrophic disaster. A determination under subsection (1) of
this section or an extension described in subsection (2) of this
section that establishes a date upon which the provisions of
sections 1 to 5 of this Article shall cease to be operative does
not prevent invoking the provisions of sections 1 to 5 of this
Article in response to a new declaration by the Governor that a
different catastrophic disaster has occurred.
{ + Sec. 15. + } (1) Except as provided in subsection (7) of
this section, when the Legislative Assembly or any state agency
requires any local government to establish a new program or
provide an increased level of service for an existing program,
the State of Oregon shall appropriate and allocate to the local
government moneys sufficient to pay the ongoing, usual and
reasonable costs of performing the mandated service or activity.
(2) As used in this section:
(a) 'Enterprise activity' means a program under which a local
government sells products or services in competition with a
nongovernment entity.
(b) 'Local government' means a city, county, municipal
corporation or municipal utility operated by a board or
commission.
(c) 'Program' means a program or project imposed by enactment
of the Legislative Assembly or by rule or order of a state agency
under which a local government must provide administrative,
financial, social, health or other specified services to persons,
government agencies or to the public generally.
(d) 'Usual and reasonable costs' means those costs incurred by
the affected local governments for a specific program using
generally accepted methods of service delivery and administrative
practice.
(3) A local government is not required to comply with any state
law or administrative rule or order enacted or adopted after
January 1, 1997, that requires the expenditure of money by the
local government for a new program or increased level of service
for an existing program until the state appropriates and
allocates to the local government reimbursement for any costs
incurred to carry out the law, rule or order and unless the
Legislative Assembly provides, by appropriation, reimbursement in
each succeeding year for such costs. However, a local government
may refuse to comply with a state law or administrative rule or
order under this subsection only if the amount appropriated and
allocated to the local government by the Legislative Assembly for
a program in a fiscal year:
(a) Is less than 95 percent of the usual and reasonable costs
incurred by the local government in conducting the program at the
same level of service in the preceding fiscal year; or
(b) Requires the local government to spend for the program, in
addition to the amount appropriated and allocated by the
Legislative Assembly, an amount that exceeds one-hundredth of one
percent of the annual budget adopted by the governing body of the
local government for that fiscal year.
(4) When a local government determines that a program is a
program for which moneys are required to be appropriated and
allocated under subsection (1) of this section, if the local
government expended moneys to conduct the program and was not
reimbursed under this section for the usual and reasonable costs
of the program, the local government may submit the issue of
reimbursement to nonbinding arbitration by a panel of three
arbitrators. The panel shall consist of one representative from
the Oregon Department of Administrative Services, the League of
Oregon Cities and the Association of Oregon Counties. The panel
shall determine whether the costs incurred by the local
government are required to be reimbursed under this section and
the amount of reimbursement. The decision of the arbitration
panel is not binding upon the parties and may not be enforced by
any court in this state.
(5) In any legal proceeding or arbitration proceeding under
this section, the local government shall bear the burden of
proving by a preponderance of the evidence that moneys
appropriated by the Legislative Assembly are not sufficient to
reimburse the local government for the usual and reasonable costs
of a program.
(6) Except upon approval by { - three-fifths - } { +
two-thirds + } of the membership of each house of the Legislative
Assembly, the Legislative Assembly shall not enact, amend or
repeal any law if the anticipated effect of the action is to
reduce the amount of state revenues derived from a specific state
tax and distributed to local governments as an aggregate during
the distribution period for such revenues immediately preceding
January 1, 1997.
(7) This section shall not apply to:
(a) Any law that is approved by { - three-fifths - } { +
two-thirds + } of the membership of each house of the Legislative
Assembly.
(b) Any costs resulting from a law creating or changing the
definition of a crime or a law establishing sentences for
conviction of a crime.
(c) An existing program as enacted by legislation prior to
January 1, 1997, except for legislation withdrawing state funds
for programs required prior to January 1, 1997, unless the
program is made optional.
(d) A new program or an increased level of program services
established pursuant to action of the Federal Government so long
as the program or increased level of program services imposes
costs on local governments that are no greater than the usual and
reasonable costs to local governments resulting from compliance
with the minimum program standards required under federal law or
regulations.
(e) Any requirement imposed by the judicial branch of
government.
(f) Legislation enacted or approved by electors in this state
under the initiative and referendum powers reserved to the people
under section 1, Article IV of this Constitution.
(g) Programs that are intended to inform citizens about the
activities of local governments.
(8) When a local government is not required under subsection
(3) of this section to comply with a state law or administrative
rule or order relating to an enterprise activity, if a
nongovernment entity competes with the local government by
selling products or services that are similar to the products and
services sold under the enterprise activity, the nongovernment
entity is not required to comply with the state law or
administrative rule or order relating to that enterprise
activity.
(9) Nothing in this section shall give rise to a claim by a
private person against the State of Oregon based on the
establishment of a new program or an increased level of service
for an existing program without sufficient appropriation and
allocation of funds to pay the ongoing, usual and reasonable
costs of performing the mandated service or activity.
(10) Subsection (4) of this section does not apply to a local
government when the local government is voluntarily providing a
program four years after the effective date of the enactment,
rule or order that imposed the program.
(11) In lieu of appropriating and allocating funds under this
section, the Legislative Assembly may identify and direct the
imposition of a fee or charge to be used by a local government to
recover the actual cost of the program.
{ + Sec. 4. + } (1) Except as provided in subsections (2),
(3), (4), (8) and (9) of this section, lotteries and the sale of
lottery tickets, for any purpose whatever, are prohibited, and
the Legislative Assembly shall prevent the same by penal laws.
(2) The Legislative Assembly may provide for the establishment,
operation, and regulation of raffles and the lottery commonly
known as bingo or lotto by charitable, fraternal, or religious
organizations. As used in this section, charitable, fraternal or
religious organization means such organizations or foundations as
defined by law because of their charitable, fraternal, or
religious purposes. The regulations shall define eligible
organizations or foundations, and may prescribe the frequency of
raffles, bingo or lotto, set a maximum monetary limit for prizes
and require a statement of the odds on winning a prize. The
Legislative Assembly shall vest the regulatory authority in any
appropriate state agency.
(3) There is hereby created the State Lottery Commission which
shall establish and operate a State Lottery. All proceeds from
the State Lottery, including interest, but excluding costs of
administration and payment of prizes, shall be used for any of
the following purposes: creating jobs, furthering economic
development, financing public education in Oregon or restoring
and protecting Oregon's parks, beaches, watersheds and native
fish and wildlife.
(4)(a) The State Lottery Commission shall be comprised of five
members appointed by the Governor and confirmed by the Senate who
shall serve at the pleasure of the Governor. At least one of the
Commissioners shall have a minimum of five years experience in
law enforcement and at least one of the Commissioners shall be a
certified public accountant. The Commission is empowered to
promulgate rules related to the procedures of the Commission and
the operation of the State Lottery. Such rules and any statutes
enacted to further implement this article shall insure the
integrity, security, honesty, and fairness of the Lottery. The
Commission shall have such additional powers and duties as may be
provided by law.
(b) The Governor shall appoint a Director subject to
confirmation by the Senate who shall serve at the pleasure of the
Governor. The Director shall be qualified by training and
experience to direct the operations of a state-operated lottery.
The Director shall be responsible for managing the affairs of the
Commission. The Director may appoint and prescribe the duties of
no more than four Assistant Directors as the Director deems
necessary. One of the Assistant Directors shall be responsible
for a security division to assure security, integrity, honesty,
and fairness in the operations and administration of the State
Lottery. To fulfill these responsibilities, the Assistant
Director for security shall be qualified by training and
experience, including at least five years of law enforcement
experience, and knowledge and experience in computer security.
(c) The Director shall implement and operate a State Lottery
pursuant to the rules, and under the guidance, of the Commission.
The State Lottery may operate any game procedure authorized by
the commission, except parimutuel racing, social games, and the
games commonly known in Oregon as bingo or lotto, whereby prizes
are distributed using any existing or future methods among adult
persons who have paid for tickets or shares in that game;
provided that, in lottery games utilizing computer terminals or
other devices, no coins or currency shall ever be dispensed
directly to players from such computer terminals or devices.
(d) There is hereby created within the General Fund the Oregon
State Lottery Fund which is continuously appropriated for the
purpose of administering and operating the Commission and the
State Lottery. The State Lottery shall operate as a
self-supporting revenue-raising agency of state government and no
appropriations, loans, or other transfers of state funds shall be
made to it. The State Lottery shall pay all prizes and all of its
expenses out of the revenues it receives from the sale of tickets
or shares to the public and turnover the net proceeds therefrom
to a fund to be established by the Legislative Assembly from
which the Legislative Assembly shall make appropriations for the
benefit of any of the following public purposes: creating jobs,
furthering economic development, financing public education in
Oregon or restoring and protecting Oregon's parks, beaches,
watersheds and native fish and wildlife. Effective July 1, 1997,
15% of the net proceeds from the State Lottery shall be
deposited, from the fund created by the Legislative Assembly
under this paragraph, in an education stability fund. Effective
July 1, 2003, 18% of the net proceeds from the State Lottery
shall be deposited, from the fund created by the Legislative
Assembly under this paragraph, in an education stability fund.
Earnings on moneys in the education stability fund shall be
retained in the fund or expended for the public purpose of
financing public education in Oregon as provided by law. Except
as provided in subsection (6) of this section, moneys in the
education stability fund shall be invested as provided by law and
shall not be subject to the limitations of section 6, Article XI
of this Constitution. The Legislative Assembly may appropriate
other moneys or revenue to the education stability fund. The
Legislative Assembly shall appropriate amounts sufficient to pay
lottery bonds before appropriating the net proceeds from the
State Lottery for any other purpose. At least 84% of the total
annual revenues from the sale of all lottery tickets or shares
shall be returned to the public in the form of prizes and net
revenues benefiting the public purpose.
(5) Notwithstanding paragraph (d) of subsection (4) of this
section, the amount in the education stability fund created under
paragraph (d) of subsection (4) of this section may not exceed an
amount that is equal to five percent of the amount that was
accrued as revenues in the state's General Fund during the prior
biennium. If the amount in the education stability fund exceeds
five percent of the amount that was accrued as revenues in the
state's General Fund during the prior biennium:
(a) Additional net proceeds from the State Lottery may not be
deposited in the education stability fund until the amount in the
education stability fund is reduced to less than five percent of
the amount that was accrued as revenues in the state's General
Fund during the prior biennium; and
(b) Fifteen percent of the net proceeds from the State Lottery
shall be deposited into the school capital matching fund created
under section 4, Article XI-P of this Constitution.
(6) The Legislative Assembly may by law appropriate, allocate
or transfer any portion of the principal of the education
stability fund created under paragraph (d) of subsection (4) of
this section for expenditure on public education if:
(a) The proposed appropriation, allocation or transfer is
approved by { - three-fifths - } { + two-thirds + } of the
members serving in each house of the Legislative Assembly and the
Legislative Assembly finds one of the following:
(A) That the last quarterly economic and revenue forecast for a
biennium indicates that moneys available to the state's General
Fund for the next biennium will be at least three percent less
than appropriations from the state's General Fund for the current
biennium;
(B) That there has been a decline for two or more consecutive
quarters in the last 12 months in seasonally adjusted nonfarm
payroll employment; or
(C) That a quarterly economic and revenue forecast projects
that revenues in the state's General Fund in the current biennium
will be at least two percent below what the revenues were
projected to be in the revenue forecast on which the
legislatively adopted budget for the current biennium was based;
or
(b) The proposed appropriation, allocation or transfer is
approved by { - three-fifths - } { + two-thirds + } of the
members serving in each house of the Legislative Assembly and the
Governor declares an emergency.
(7) The Legislative Assembly may by law prescribe the
procedures to be used and identify the persons required to make
the forecasts described in subsection (6) of this section.
(8) Effective July 1, 1999, 15% of the net proceeds from the
State Lottery shall be deposited in a parks and natural resources
fund created by the Legislative Assembly. Of the moneys in the
parks and natural resources fund, 50% shall be deposited in a
parks subaccount and distributed for the public purposes of
financing the protection, repair, operation, and creation of
state, regional and local public parks, ocean shore and public
beach access areas, historic sites and recreation areas, and 50%
shall be deposited in a natural resources subaccount and
distributed for the public purposes of financing the restoration
and protection of native fish and wildlife, watersheds and water
quality in Oregon. The Legislative Assembly shall not limit
expenditures from the parks and natural resources fund, or from
the parks or natural resources subaccounts. The Legislative
Assembly may appropriate other moneys or revenue to the parks and
natural resources fund.
(9) Only one State Lottery operation shall be permitted in the
State.
(10) The Legislative Assembly has no power to authorize, and
shall prohibit, casinos from operation in the State of Oregon.
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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