Bill Text: OR HJR7 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Proposing revision of Oregon Constitution relating to responses to catastrophic disasters; and requiring approval by a two-thirds majority.

Spectrum: Unknown

Status: (Passed) 2011-06-28 - Filed with Secretary of State. [HJR7 Detail]

Download: Oregon-2011-HJR7-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 257

                    House Joint Resolution 7

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Veterans and Emergency Services)

                             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 revision of Oregon Constitution to authorize Governor
and Legislative Assembly to take specified actions in case of
catastrophic disaster.
  Refers proposed revision to people for their approval or
rejection at next primary election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon, two-thirds of all the members of each house concurring:
  PARAGRAPH 1. The Constitution of the State of Oregon is revised
by creating a new Article to be known as Article X-A, such
Article to read:
                               { +
ARTICLE X-A + }
   { +  SECTION 1. + }  { + (1) As used in this Article,
'catastrophic disaster' means a natural or human-caused event
that:
  (a) Results in extraordinary levels of death, injury, property
damage or disruption of daily life in this state; and
  (b) Severely affects the population, infrastructure,
environment, economy or government functioning of this state.
  (2) As used in this Article, 'catastrophic disaster ' includes,
but is not limited to, any of the following events if the event
meets the criteria listed in subsection (1) of this section:
  (a) Act of terrorism.
  (b) Earthquake.
  (c) Flood.
  (d) Pandemic illness.
  (e) Tsunami.
  (f) Volcanic eruption.
  (g) War.
  (3) The Governor may invoke the provisions of this Article if
the Governor finds and declares that a catastrophic disaster has
occurred. A finding required by this subsection shall specify the
nature of the catastrophic disaster.
  (4) At the time the Governor invokes the provisions of this
Article under subsection (3) of this section, the Governor shall
issue a proclamation convening the Legislative Assembly under
section 12, Article V of this Constitution, unless:
  (a) The Legislative Assembly is in session at the time the
catastrophic disaster is declared; or
  (b) The Legislative Assembly is scheduled to convene in regular
session within 30 days after the date the catastrophic disaster
is declared. + }
   { +  SECTION 2. + }  { + (1) If the Governor declares that a
catastrophic disaster has occurred, the Governor may:
  (a) Use moneys appropriated from the General Fund to executive
agencies for the current biennium to respond to the catastrophic
disaster, regardless of the legislatively expressed purpose of
the appropriation at the time the appropriation was made.
  (b) Use lottery funds allocated to executive agencies for the
current biennium to respond to the catastrophic disaster,
regardless of the legislatively expressed purpose of the
allocation at the time the allocation was made. The Governor may
not reallocate lottery funds under this paragraph for purposes
not authorized by section 4, Article XV of this Constitution.
  (2) The authority granted to the Governor by this section
terminates upon the taking effect of a law enacted after the
declaration of a catastrophic disaster that specifies purposes
for which appropriated General Fund moneys and allocated lottery
funds may be used. + }
   { +  SECTION 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:
  (a) Except as otherwise provided in paragraph (b) of this
subsection, a majority 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.
  (b) Three-fifths 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 bills for raising revenue.
  (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. + }
   { +  SECTION 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 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 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. + }
   { +  SECTION 5. + }  { + (1) The provisions of sections 1 to 4
of this Article, once invoked, shall cease to be operative on a
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) The determination by the Legislative Assembly required by
subsection (1) of this section shall take the form of a bill
declaring that invocation of the provisions of sections 1 to 4 of
this Article is no longer necessary. The bill shall be presented
to the Governor for action in accordance with section 15b,
Article V of this Constitution.
  (3) A bill described in subsection (2) 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.
  (4) A determination under subsection (1) of this section that
invocation of the provisions of this Article is no longer
necessary does not prevent invoking the provisions of this
Article in response to a new declaration by the Governor that a
catastrophic disaster has occurred. + }

  PARAGRAPH 2.  { + The revision proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next primary election. + }
                         ----------