76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Joint Resolution 7
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Veterans
and Emergency Services)
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) Public health emergency.
(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.
(5) If the Governor declares that a catastrophic disaster has
occurred, the Governor shall manage the immediate response to the
disaster. The actions of the Legislative Assembly under sections
3 and 4 of this Article are limited to actions necessary to
implement the Governor's immediate response to the disaster and
to actions necessary to aid recovery from the disaster. + }
{ + SECTION 2. + } { + (1) If the Governor declares that a
catastrophic disaster has occurred, the Governor may:
Enrolled House Joint Resolution 7 (HJR 7-C) Page 1
(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 or allocated lottery
funds may be used, or upon the date on which the provisions of
sections 1 to 5 of this Article cease to be operative as provided
in section 6 of this Article, whichever is sooner. + }
{ + 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, 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 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. + }
{ + 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.
Enrolled House Joint Resolution 7 (HJR 7-C) Page 2
(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. + } { + For purposes of sections 3 and 4 of
this Article, a member of the Legislative Assembly who cannot be
physically present at a session convened under section 1 of this
Article shall be considered in attendance if the member is able
to participate in the session through electronic or other means
that enable the member to hear or read the proceedings as the
proceedings are occurring and enable others to hear or read the
member's votes or other contributions as the votes or other
contributions are occurring. + }
{ + SECTION 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 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
Enrolled House Joint Resolution 7 (HJR 7-C) Page 3
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. + }
PARAGRAPH 2. { + The revision proposed by this resolution
shall be submitted to the people for their approval or rejection
at a special election held on the same date as the next general
election. + }
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Adopted by House April 27, 2011
Readopted by House June 21, 2011
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Ramona Kenady Line, Chief Clerk
of House
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Bruce Hanna, Speaker of House
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Arnie Roblan, Speaker of House
Adopted by Senate June 17, 2011
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Peter Courtney, President of
Senate
Enrolled House Joint Resolution 7 (HJR 7-C) Page 4