Bill Text: OR SJR26 | 2013 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution to modify gender-specific language and correct grammatical errors.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SJR26 Detail]

Download: Oregon-2013-SJR26-Introduced.html

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     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 2780

                   Senate Joint Resolution 26

Sponsored by Senators WINTERS, CLOSE, Representative PARRISH;
  Senators BOQUIST, FERRIOLI, GEORGE, HANSELL, KNOPP, KRUSE,
  OLSEN, STARR, THOMSEN, Representatives BENTZ, BERGER, HICKS,
  OLSON, THATCHER

                             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 modify
gender-specific language and correct grammatical errors.
  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. Sections 1, 2, 6, 10, 11, 12 and 18, Article I,
sections 4, 5, 7, 11, 14a and 16, Article II, section 3, Article
III, sections 4, 26 and 30, Article IV, sections 1, 2, 8a, 10,
11, 12, 13, 14 and 17, Article V, sections 1a, 2a, 7 and 8,
Article VII (Amended), sections 2, 13 and 21, Article VII
(Original), sections 1 and 2, Article VIII, section 3, Article X,
sections 2, 3, 5, 8, 9 and 10, Article XI-F(2), sections 1 and 9,
Article XV, and sections 1 and 2, Article XVII of the
Constitution of the State of Oregon, are amended to read:
   { +  Sec. 1. + } We declare that all   { - men - }
 { + people + }, when they form a social compact are equal in
right: that all power is inherent in the people, and all free
governments are founded on their authority, and instituted for
their peace, safety, and happiness; and they have at all times a
right to alter, reform, or abolish the government in such manner
as they may think proper.  { -  - - }
   { +  Sec. 2. + } All   { - men - }   { + people + } shall be
secure in the Natural right, to worship Almighty God according to
the dictates of their own consciences.  { -  - - }
   { +  Sec. 6. + }   { - No person shall - }   { + A person may
not + } be rendered incompetent as a witness  { - , - }  or juror
in consequence of   { - his - }   { + the person's + } opinions
on matters of   { - religeon - }   { + religion + }; nor be
questioned in any Court of Justice touching   { - his - }
 { + the person's + }
  { - religeous - }   { + religious  + }belief to affect the
weight of   { - his - }   { + the person's  + }testimony.  { -
- - }
   { +  Sec. 10. + } No court shall be secret, but justice shall
be administered, openly and without purchase, completely and
without delay, and every   { - man - }   { + person  + }shall
have remedy by due course of law for injury done   { - him in his
person, - }  { +  to that person or that person's + } property
 { - , - }  or reputation.  { -  - - }
   { +  Sec. 11. + } Rights of Accused in Criminal Prosecution.
In all criminal prosecutions, the accused shall have the right to
public trial by an impartial jury in the county in which the
offense shall have been committed; to be heard by
 { - himself - }   { + the accused + } and counsel; to demand the
nature and cause of the accusation against   { - him - }
 { + the accused + }, and to have a copy thereof; to meet the
witnesses face to face, and to have compulsory process for
obtaining witnesses in   { - his - }   { + the accused's
 + }favor; provided, however, that any accused person, in other
than capital cases, and with the consent of the trial judge, may
elect to waive trial by jury and consent to be tried by the judge
of the court alone, such election to be in writing; provided,
however, that in the circuit court ten members of the jury may
render a verdict of guilty or not guilty, save and except a
verdict of guilty of first degree murder, which shall be found
only by a unanimous verdict, and not otherwise; provided further,
that the existing laws and constitutional provisions relative to
criminal prosecutions shall be continued and remain in effect as
to all prosecutions for crimes committed before the taking effect
of this amendment.
   { +  Sec. 12. + } No person shall be put in jeopardy twice for
the same   { - offence - }   { + offense + }, nor  { + may a
person + } be compelled in any criminal prosecution to testify
against   { - himself - }   { + oneself + }.  { -  - - }
   { +  Sec. 18. + } Private property shall not be taken for
public use, nor the particular services of any   { - man - }
 { + person  + }be demanded, without just compensation; nor
except in the case of the state, without such compensation first
assessed and tendered; provided, that the use of all roads, ways
and waterways necessary to promote the transportation of the raw
products of mine or farm or forest or water for beneficial use or
drainage is necessary to the development and welfare of the state
and is declared a public use.
   { +  Sec. 4. + } For the purpose of voting, no person shall be
deemed to have gained, or lost a residence, by reason of
 { - his - }   { + the person's + } presence, or absence while
employed in the service of the United States, or of this State;
nor while engaged in the navigation of the waters of this State,
or of the United States, or of the high seas; nor while a student
of any Seminary of Learning; nor while kept at any alms house, or
other   { - assylum - }  { + asylum + }, at public
 { - expence - }   { + expense + }; nor while confined in any
public prison.  { -  - - }
   { +  Sec. 5. + } No soldier,   { - seaman - }
 { + sailor + }, or marine in the Army, or Navy of the United
States, or of their allies, shall be deemed to have acquired a
residence in the state, in consequence of having been stationed
within the same; nor shall any such soldier,
  { - seaman - }   { + sailor + }, or marine have the right to
vote.  { -  - - }
   { +  Sec. 7. + } Every person shall be disqualified from
holding office, during the term for which   { - he - }   { + the
person  + }may have been elected, who shall have given, or
offered a bribe, threat, or reward to procure   { - his - }
 { + that  + }election.  { -  - - }
   { +  Sec. 11. + } No person who may hereafter be a collector,
or holder of public moneys, shall be eligible to any office of
trust or profit, until   { - he - }   { + the person + } shall
have accounted for, and paid over according to law, all sums for
which   { - he - }   { + the person + } may be liable.  { -
- - }
   { +  Sec. 14a. + } Incorporated cities and towns shall hold
their nominating and regular elections for their several elective
officers at the same time that the primary and general biennial
elections for State and county officers are held, and the
election precincts and officers shall be the same for all
elections held at the same time. All provisions of the charters
and ordinances of incorporated cities and towns pertaining to the
holding of elections shall continue in full force and effect
except so far as they relate to the time of holding such
elections. Every officer who, at the time of the adoption of this
amendment, is the duly qualified incumbent of an elective office
of an incorporated city or town shall hold   { - his - }
 { + the  + }office for the term for which   { - he - }  { + the
officer  + }was elected and until   { - his - }   { + a
 + }successor is elected and qualified. The Legislature, and
cities and towns, shall enact such supplementary legislation as
may be necessary to carry the provisions of this amendment into
effect.
   { +  Sec. 16. + } In all elections authorized by this
constitution until otherwise provided by law, the person or
persons receiving the highest number of votes shall be declared
elected, but provision may be made by law for elections by equal
proportional representation of all the voters for every office
which is filled by the election of two or more persons whose
official duties, rights and powers are equal and concurrent.
Every qualified elector resident in   { - his - }   { + a
 + }precinct and registered as may be required by law, may vote
for one person under the title for each office. Provision may be
made by law for the voter's direct or indirect expression of
 { - his - }   { + the voter's  + }first, second or additional
choices among the candidates for any office. For an office which
is filled by the election of one person it may be required by law
that the person elected shall be the final choice of a majority
of the electors voting for candidates for that office. These
principles may be applied by law to nominations by political
parties and organizations.
   { +  Sec. 3. + } (1) The Legislative Assembly is authorized to
establish by law a joint committee composed of members of both
houses of the Legislative Assembly, the membership to be as fixed
by law, which committee may exercise, during the interim between
sessions of the Legislative Assembly, such of the following
powers as may be conferred upon it by law:
  (a) Where an emergency exists, to allocate to any state agency,
out of any emergency fund that may be appropriated to the
committee for that purpose, additional funds beyond the amount
appropriated to the agency by the Legislative Assembly, or funds
to carry on an activity required by law for which an
appropriation was not made.
  (b) Where an emergency exists, to authorize any state agency to
expend, from funds dedicated or continuously appropriated for the
uses and purposes of the agency, sums in excess of the amount of
the budget of the agency as approved in accordance with law.
  (c) In the case of a new activity coming into existence at such
a time as to preclude the possibility of submitting a budget to
the Legislative Assembly for approval, to approve, or revise and
approve, a budget of the money appropriated for such new
activity.
  (d) Where an emergency exists, to revise or amend the budgets
of state agencies to the extent of authorizing transfers between
expenditure classifications within the budget of an agency.
  (2) The Legislative Assembly shall prescribe by law what shall
constitute an emergency for the purposes of this section.
  (3) As used in this section, 'state agency' means any elected
or appointed officer, board, commission, department, institution,
branch or other agency of the state government.

  (4) The term of members of the joint committee established
pursuant to this section shall run from the adjournment of one
odd-numbered year regular session to the organization of the next
odd-numbered year regular session. No member of a committee shall
cease to be such member solely by reason of the expiration of
  { - his - }   { + the member's + } term of office as a member
of the Legislative Assembly.
   { +  Sec. 4. + } (1) The Senators shall be elected for the
term of four years, and Representatives for the term of two
years. The term of each Senator and Representative shall commence
on the second Monday in January following   { - his - }   { + the
Senator's or Representative's + } election, and shall continue
for the full period of four years or two years, as the case may
be, unless a different commencing day for such terms shall have
been appointed by law.
  (2) The Senators shall continue to be divided into two classes,
in accordance with the division by lot provided for under the
former provisions of this Constitution, so that one-half, as
nearly as possible, of the number of Senators shall be elected
biennially.
  (3) Any Senator or Representative whose term, under the former
provisions of this section, would have expired on the first
Monday in January 1961, shall continue in office until the second
Monday in January 1961.
   { +  Sec. 26. + } Any member of either house, shall have the
right to protest, and have   { - his - }   { + the member's
 + }protest, with   { - his - }   { + the + } reasons for
dissent, entered on the journal.  { -  - - }
   { +  Sec. 30. + } No Senator or Representative shall, during
the time for which   { - he - }   { + the Senator or
Representative  + }may have been elected, be eligible to any
office the election to which is vested in the Legislative
Assembly; nor shall be appointed to any civil office of profit
which shall have been created, or the emoluments of which shall
have been increased during such term; but this latter provision
shall not be construed to apply to any officer elective by the
people.  { -  - - }
   { +  Sec. 1. + } The   { - cheif - }   { + chief  + }executive
power of the State, shall be vested in a Governor, who shall hold
 { - his - }   { + the  + }office for the term of four years; and
no person shall be eligible to such office more than Eight, in
any period of twelve years.  { -  - - }
   { +  Sec. 2. + } No person except a citizen of the United
States, shall be eligible to the Office of Governor, nor shall
any person be eligible to that office who shall not have attained
the age of thirty years, and who shall not have been three years
next preceding   { - his - }   { + the person's  + }election, a
resident within this State. The minimum age requirement of this
section does not apply to a person who succeeds to the office of
Governor under section 8a of this Article.
   { +  Sec. 8a. + } In case of the removal from office of the
Governor, or of   { - his - }   { + the Governor's  + }death,
resignation, or disability to discharge the duties of
 { - his - }   { + the  + }office as prescribed by law, the
Secretary of State; or if there be none, or in case of
 { - his - }   { + the Secretary of State's  + }removal from
office, death, resignation, or disability to discharge the duties
of   { - his - }   { + the  + }office as prescribed by law, then
the State Treasurer; or if there be none, or in case of
 { - his - }   { + the State Treasurer's  + }removal from office,
death, resignation, or disability to discharge the duties of
 { - his - }  { + the  + }office as prescribed by law, then the
President of the Senate; or if there be none, or in case of
 { - his - }   { + the President of the Senate's + } removal from
office, death, resignation, or disability to discharge the duties
of   { - his - }   { + the  + }office as prescribed by law, then
the Speaker of the House of Representatives, shall become
Governor until the disability be removed, or a Governor be
elected at the next general biennial election. The Governor
elected to fill the vacancy shall hold office for the unexpired
term of the outgoing Governor. The Secretary of State or the
State Treasurer shall appoint a person to fill   { - his - }
 { + the  + }office  { + of the + }  { + Secretary of State or
the State Treasurer + } until the election of a Governor, at
which time the office so filled by appointment shall be filled by
election; or, in the event of a disability of the Governor, to be
Acting Secretary of State or Acting State Treasurer until the
disability be removed. The person so appointed shall not be
eligible to succeed to the office of Governor by automatic
succession under this section during the term of   { - his - }
 { +  the person's  + }appointment.
   { +  Sec. 10. + }   { - He - }   { + The Governor  + }shall
take care that the Laws be faithfully executed.  { -  - - }
   { +  Sec. 11. + }   { - He - }   { + The Governor  + }shall
from time to time give to the Legislative Assembly information
touching the condition of the State, and   { - reccommend - }
 { + recommend  + }such measures as   { - he - }   { + the
Governor  + }shall judge to be expedient { + . + }
   { +  Sec. 12. + }   { - He - }   { + The Governor  + }may on
extraordinary occasions convene the Legislative Assembly by
proclamation, and shall state to both houses when assembled, the
purpose for which they shall have been convened.  { -  - - }
   { +  Sec. 13. + }   { - He - }   { + The Governor  + }shall
transact all necessary business with the officers of government,
and may require information in writing from the offices of the
Administrative, and Military Departments upon any subject
relating to the duties of their respective offices.  { -  - - }
   { +  Sec. 14. + }   { - He - }   { + The Governor  + }shall
have power to grant reprieves, commutations, and pardons, after
conviction, for all
  { - offences - }   { + offenses + } except treason, subject to
such regulations as may be provided by law. Upon conviction
 { + of a person + } for treason
  { - he - }   { + the Governor  + }shall have power to suspend
the execution of the sentence until the case shall be reported to
the Legislative Assembly, at its next meeting, when the
Legislative Assembly shall either grant a pardon, commute the
sentence, direct the execution of the sentence, or grant a
 { - farther - }   { + further + } reprieve.  { -  - - }
  { - He - }   { + The Governor  + }shall have power to remit
fines, and forfeitures, under such regulations as may be
prescribed by law; and shall report to the Legislative Assembly
at its next meeting each case of reprieve, commutation, or pardon
granted, and the reasons for granting the same; and also the
names of all persons in whose favor remission of fines, and
forfeitures shall have been made, and the several amounts
remitted { + . + }
   { +  Sec. 17. + }   { - He - }   { + The Governor  + }shall
issue writs of Election to fill such vacancies as may have
 { - occured - }   { + occurred + } in the Legislative Assembly.
   { +  Sec. 1a. + } Notwithstanding the provisions of section 1,
Article VII (Amended) of this Constitution, a judge of any court
shall retire from judicial office at the end of the calendar year
in which   { - he - }   { + the judge + } attains the age of 75
years. The Legislative Assembly or the people may by law:
  (1) Fix a lesser age for mandatory retirement not earlier than
the end of the calendar year in which the judge attains the age
of 70 years;
  (2) Provide for recalling retired judges to temporary active
service on the court from which they are retired; and

  (3) Authorize or require the retirement of judges for physical
or mental disability or any other cause rendering judges
incapable of performing their judicial duties.
  This section shall not affect the term to which any judge shall
have been elected or appointed prior to or at the time of
approval and ratification of this section.
   { +  Sec. 2a. + } The Legislative Assembly or the people may
by law empower the Supreme Court to:
  (1) Appoint retired judges of the Supreme Court or judges of
courts inferior to the Supreme Court as temporary members of the
Supreme Court.
  (2) Appoint members of the bar as judges pro tempore of courts
inferior to the Supreme Court.
  (3) Assign judges of courts inferior to the Supreme Court to
serve temporarily outside the district for which they were
elected.
  A judge or member of the bar so appointed or assigned shall
while serving have all the judicial powers and duties of a
regularly elected judge of the court to which   { - he - }
 { + the judge or member of the bar + } is assigned or appointed.
   { +  Sec. 7. + } Every judge of the   { - supreme court - }
 { + Supreme Court + }, before entering upon the duties of
 { - his - }   { + the + } office, shall take and subscribe, and
transmit to the   { - secretary - }   { + Secretary + } of
  { - state - }  { +  State + }, the following oath:
  ' I, ________, do solemnly swear (or affirm) that I will
support the   { - constitution - }   { + Constitution + } of the
United States, and the
  { - constitution - }   { + Constitution + } of the State of
Oregon, and that I will faithfully and impartially discharge the
duties of a judge of the   { - supreme court - }   { + Supreme
Court + } of this state, according to the best of my ability, and
that I will not accept any other office, except judicial offices,
during the term for which I have been elected. '
   { +  Sec. 8. + } (1) In the manner provided by law, and
notwithstanding section 1 of this Article, a judge of any court
may be removed or suspended from   { - his - }   { + the + }
judicial office by the Supreme Court, or censured by the Supreme
Court, for:
  (a) Conviction in a court of this or any other state, or of the
United States, of a crime punishable as a felony or a crime
involving moral turpitude; or
  (b) Wilful misconduct in a judicial office where such
misconduct bears a demonstrable relationship to the effective
performance of judicial duties; or
  (c) Wilful or persistent failure to perform judicial duties; or
  (d) Generally incompetent performance of judicial duties; or
  (e) Wilful violation of any rule of judicial conduct as shall
be established by the Supreme Court; or
  (f) Habitual drunkenness or illegal use of narcotic or
dangerous drugs.
  (2) Notwithstanding section 6 of this Article, the methods
provided in this section, section 1a of this Article and in
section 18, Article II of this Constitution, are the exclusive
methods of the removal, suspension, or censure of a judge.
   { +  Sec. 2. + } The Supreme Court shall consist of Four
Justices to be chosen in districts by the electors thereof, who
shall be citizens of the United States, and who shall have
resided in the State at least three years next preceding their
election, and after their election to reside in their respective
districts: The number of Justices, the Districts may be
increased, but shall never exceed seven; and the boundaries of
districts may be changed, but no Change of Districts, shall have
the effect to remove a Judge from office, or require
 { - him - }   { + the judge + } to change

  { - his - }   { + the judge's + } residence without
 { - his - }   { + the judge's + } consent.
   { +  Sec. 13. + } The County Judge may grant preliminary
 { - injuctions - }  { + injunctions + }, and such other writs as
the Legislative Assembly may authorize   { - him - }   { + the
County Judge + } to grant, returnable to the Circuit Court, or
otherwise as may be provided by law; and may hear, and decide
questions arising upon habeas corpus; provided such decision be
not against the authority, or proceedings of a Court, or Judge of
equal, or higher jurisdiction.  { -  - - }
   { +  Sec. 21. + } Every judge of the Supreme Court before
entering upon the duties of   { - his - }   { + the + } office
shall take, subscribe, and transmit to the Secretary of State the
following oath.  { -  - - }
   { +  ' + } I ________ do solemnly swear (or affirm) that I
will support the Constitution of the United States, and the
 { - constitution - }  { + Constitution + } of the State of
Oregon, and that I will faithfully, and impartially discharge the
duties of a Judge of the Supreme, and   { - Circuits - }
 { + Circuit + } Courts of said State according to the best of my
ability, and that I will not accept any other office, except
Judicial offices during the term for which I have been elected.
 { -  - - }  { +  ' + }
   { +  Sec. 1. + } The Governor shall be superintendent of
public instruction, and   { - his - }   { + the Governor's
 + }powers, and duties in that capacity shall be such as may be
prescribed by law; but after the term of five years from the
adoption of this Constitution, it shall be competent for the
Legislative Assembly to provide by law for the election of a
superintendent, to provide for   { - his - }   { + the
superintendent's  + }compensation, and prescribe   { - his - }
 { + the superintendent's  + }powers and duties.  { -  - - }
   { +  Sec. 2. + } (1) The sources of the Common School Fund
are:
  (a) The proceeds of all lands granted to this state for
educational purposes, except the lands granted to aid in the
establishment of institutions of higher education under the Acts
of February 14, 1859 (11 Stat. 383) and July 2, 1862 (12
Stat. 503).
  (b) All the moneys and clear proceeds of all property which may
accrue to the state by escheat.
  (c) The proceeds of all gifts, devises and bequests, made by
any person to the state for common school purposes.
  (d) The proceeds of all property granted to the state, when the
purposes of such grant shall not be stated.
  (e) The proceeds of the five hundred thousand acres of land to
which this state is entitled under the Act of September 4, 1841
(5 Stat. 455).
  (f) The five percent of the net proceeds of the sales of public
lands to which this state became entitled on   { - her - }
 { + the state's + } admission into the union.
  (g) After providing for the cost of administration and any
refunds or credits authorized by law, the proceeds from any tax
or excise levied on, with respect to or measured by the
extraction, production, storage, use, sale, distribution or
receipt of oil or natural gas and the proceeds from any tax or
excise levied on the ownership of oil or natural gas. However,
the rate of such taxes shall not be greater than six percent of
the market value of all oil and natural gas produced or salvaged
from the earth or waters of this state as and when owned or
produced. This paragraph does not include proceeds from any tax
or excise as described in section 3, Article IX of this
Constitution.
  (2) All revenues derived from the sources mentioned in
subsection (1) of this section shall become a part of the Common
School Fund. The State Land Board may expend moneys in the Common
School Fund to carry out its powers and duties under subsection
(2) of section 5 of this Article. Unexpended moneys in the Common
School Fund shall be invested as the Legislative Assembly shall
provide by law and shall not be subject to the limitations of
section 6, Article XI of this Constitution. The State Land Board
may apply, as it considers appropriate, income derived from the
investment of the Common School Fund to the operating expenses of
the State Land Board in exercising its powers and duties under
subsection (2) of section 5 of this Article. The remainder of the
income derived from the investment of the Common School Fund
shall be applied to the support of primary and secondary
education as prescribed by law.
   { +  Sec. 3. + } The Governor, in   { - his - }   { + the
Governor's  + }capacity as Commander-in-Chief of the military
forces of the State, shall appoint and commission an Adjutant
General. All other officers of the militia of the State shall be
appointed and commissioned by the Governor upon the
recommendation of the Adjutant General.
   { +  Sec. 2. + } The following words, terms, and phrases, as
used in this   { - act - }   { + Act + } shall have the following
meaning unless the text otherwise requires:
  1. 'Domestic service' means service within the continental
limits of the United States, excluding Alaska, Hawaii, Canal Zone
and Puerto Rico.
  2. 'Foreign Service' means service in all other places,
including sea duty.
  3. 'Husband' means the unremarried husband, and 'wife ' means
the unremarried wife.
  4. 'Child or Children' means child or children of issue, child
or children by adoption or child or children to whom the deceased
person has stood in loco parentis for one year or more
immediately preceding   { - his - }   { + the deceased person's
 + }death.
  5. 'Parent or Parents' means natural parent or parents; parent
or parents by adoption; or, person or persons, including
stepparent or stepparents, who have stood in loco parentis to the
deceased person for a period of one year or more immediately
prior to entrance into the armed service of the United States.
  6. 'Veterans' means any person who shall have served in active
duty in the armed forces of the United States at any time between
September 16, 1940, and June 30, 1946, both dates inclusive, and
who, at the time of commencing such service, was and had been a
bona fide resident of the State of Oregon for at least one year
immediately preceding the commencement of such service, and who
shall have been separated from such service under honorable
conditions, or who is still in such service, or who has been
retired.
   { +  Sec. 3. + } Every veteran who was in such service for a
period of at least 90 days shall be entitled to receive
compensation at the rate of Ten Dollars ($10.00) for each full
month during which such veteran was in active domestic service
and Fifteen Dollars ($15.00) for each full month during which
such veteran was in active foreign service within said period of
time. Any veteran who was serving on active duty in the armed
forces between September 16, 1940, and June 30, 1946, whose
services were terminated by reason of service-connected
disabilities, and who, upon filing a claim for disabilities with
the United States Veterans' Administration within three months
after separation from the armed service, was rated not less than
50% disabled as a result of such claim, shall be deemed to have
served sufficient time to entitle
  { - him or her - }   { + the veteran + } to the maximum payment
under this   { - act - }  { + Act + } and shall be so entitled.
The maximum amount of compensation payable under this
 { - act - }   { + Act  + }shall be six hundred dollars ($600.00)
and no such compensation shall be paid to any veteran who shall
have received from another state a bonus or compensation because
of such military service.
   { +  Sec. 5. + } No compensation shall be paid under this
 { - act - }   { + Act  + }to any veteran who, during the period
of service refused on conscientious, political or other grounds
to   { - subject himself - }  { +  be subject + } to full
military discipline and unqualified service, or to any veteran
for any periods of time spent under penal confinement during the
period of active duty, or for service in the merchant marine:
Provided, however, that for the purposes of this   { - act - }
 { + Act + }, active service in the chaplain corps, or medical
corps shall be deemed unqualified service under full military
discipline.
   { +  Sec. 8. + } The director of Veterans' Affairs, State of
Oregon, referred to herein as the 'director' hereby is authorized
and empowered, and it shall be   { - his - }   { + the director's
 + }duty, to administer the provisions of this   { - act - }
 { + Act + }, and with the approval of the veterans advisory
committee may make such rules and regulations as are deemed
necessary to accomplish the purpose hereof.
   { +  Sec. 9. + } All applications for certificates under this
 { - act - }  { + Act  + }shall be made within two years from the
effective date hereof and upon forms to be supplied by the
director. Said applications shall be duly verified by the
claimant before a notary public or other person authorized to
take acknowledgments, and shall set forth applicant's name,
residence at the time of entry into the service, date and place
of enlistment, induction or entry upon active federal service,
beginning and ending dates of foreign service, date of discharge,
retirement or release from active federal service, statement of
time lost by reason of penal confinement during the period of
active duty; together with the applicant's original discharge, or
certificate in lieu of lost discharge, or certificate of service,
or if the applicant has not been released at the time of
application, a statement by competent military authority that the
applicant during the period for which compensation is claimed did
not refuse to   { - subject himself - }   { + be subject + } to
full military discipline and unqualified service, and that the
applicant has not been separated from service under circumstances
other than honorable. The director may require such further
information to be included in such application as deemed
necessary to enable   { - him - }   { + the director + } to
determine the eligibility of the applicant. Such applications,
together with satisfactory evidence of honorable service, shall
be filed with the director. The director shall make such
reasonable requirements for applicants as may be necessary to
prevent fraud or the payment of compensation to persons not
entitled thereto.
   { +  Sec. 10. + } The director shall furnish free of charge,
upon request, the necessary forms upon which applications may be
made and may authorize the county clerks, Veterans organizations
and other organizations, and notaries public willing to assist
veterans without charge, to act for   { - him - }   { + the
director  + }in receiving application under this   { - act - }
 { + Act + }, and shall furnish such clerks, organizations and
notaries public, with the proper forms for such purpose. The
director hereby is authorized and directed with the approval of
the veterans' advisory committee, to procure such printing,
office supplies and equipment and to employ such persons as may
be necessary in order to properly carry out the provisions of
this   { - act - }   { + Act + }, and all expense incurred by
 { - him - }  { + the director  + }in the administration thereof
shall be paid out of the World War II Veterans' Compensation
Fund, in the manner provided by law for payment of claims from
other state funds.

   { +  Sec. 1. + } (1) All officers, except members of the
Legislative Assembly and incumbents who seek reelection and are
defeated, shall hold their offices until their successors are
elected, and qualified.
  (2) If an incumbent seeks reelection and is defeated,
 { - he - }  { + the incumbent  + }shall hold office only until
the end of   { - his - }   { + the incumbent's  + }term; and if
an election contest is pending in the courts regarding that
office when the term of such an incumbent ends and a successor to
the office has not been elected or if elected, has not qualified
because of such election contest, the person appointed to fill
the vacancy thus created shall serve only until the contest and
any appeal is finally determined notwithstanding any other
provision of this constitution.
   { +  Sec. 9. + } The Legislative Assembly may provide that any
elective public office becomes vacant, under such conditions or
circumstances as the Legislative Assembly may specify, whenever a
person holding the office is elected to another public office
more than 90 days prior to the expiration of the term of the
office
  { - he - }   { + the person  + }is holding. For the purposes of
this section, a person elected is considered to be elected as of
the date the election is held.
   { +  Sec. 1. + } Any amendment or amendments to this
Constitution may be proposed in either branch of the
 { - legislative assembly - }  { +  Legislative Assembly + }, and
if the same shall be agreed to by a majority of all the members
elected to each of the two houses, such proposed amendment or
amendments shall, with the yeas and nays thereon, be entered in
their journals and referred by the
  { - secretary - }   { + Secretary + } of   { - state - }
 { + State + } to the people for their approval or rejection, at
the next regular general election, except when the
 { - legislative assembly - }   { + Legislative Assembly + }
shall order a special election for that purpose. If a majority of
the electors voting on any such amendment shall vote in favor
thereof, it shall thereby become a part of this Constitution. The
votes for and against such amendment, or amendments, severally,
whether proposed by the   { - legislative assembly - }
 { + Legislative Assembly + } or by initiative petition, shall be
canvassed by the   { - secretary - }  { +  Secretary + } of
 { - state - }   { + State + } in the presence of the
 { - governor - }  { +  Governor + }, and if it shall appear to
the   { - governor - }   { + Governor + } that the majority of
the votes cast at said election on said amendment, or amendments,
severally, are cast in favor thereof, it shall be
  { - his - }   { + the Governor's  + }duty forthwith after such
canvass, by   { - his - }  { + the Governor's  + }proclamation,
to declare the said amendment, or amendments, severally, having
received said majority of votes to have been adopted by the
people of Oregon as part of the Constitution thereof, and the
same shall be in effect as a part of the Constitution from the
date of such proclamation. When two or more amendments shall be
submitted in the manner aforesaid to the voters of this state at
the same election, they shall be so submitted that each amendment
shall be voted on separately. No convention shall be called to
amend or propose amendments to this Constitution, or to propose a
new Constitution, unless the law providing for such convention
shall first be approved by the people on a referendum vote at a
regular general election. This
  { - article - }   { + Article + } shall not be construed to
impair the right of the people to amend this Constitution by vote
upon an initiative petition therefor.
   { +  Sec. 2. + } (1) In addition to the power to amend this
Constitution granted by section 1, Article IV, and section 1 of
this Article, a revision of all or part of this Constitution may
be proposed in either house of the Legislative Assembly and, if
the proposed revision is agreed to by at least two-thirds of all
the members of each house, the proposed revision shall, with the
yeas and nays thereon, be entered in their journals and referred
by the Secretary of State to the people for their approval or
rejection, notwithstanding section 1, Article IV of this
Constitution, at the next regular state-wide primary election,
except when the Legislative Assembly orders a special election
for that purpose. A proposed revision may deal with more than one
subject and shall be voted upon as one question. The votes for
and against the proposed revision shall be canvassed by the
Secretary of State in the presence of the Governor and, if it
appears to the Governor that the majority of the votes cast in
the election on the proposed revision are in favor of the
proposed revision,   { - he - }  { + the Governor  + }shall,
promptly following the canvass, declare, by
  { - his - }   { + the Governor's  + }proclamation, that the
proposed revision has received a majority of votes and has been
adopted by the people as the Constitution of the State of Oregon
or as a part of the Constitution of the State of Oregon, as the
case may be. The revision shall be in effect as the Constitution
or as a part of this Constitution from the date of such
proclamation.
  (2) Subject to subsection (3) of this section, an amendment
proposed to the Constitution under section 1, Article IV, or
under section 1 of this Article may be submitted to the people in
the form of alternative provisions so that one provision will
become a part of the Constitution if a proposed revision is
adopted by the people and the other provision will become a part
of the Constitution if a proposed revision is rejected by the
people. A proposed amendment submitted in the form of alternative
provisions as authorized by this subsection shall be voted upon
as one question.
  (3) Subsection (2) of this section applies only when:
  (a) The Legislative Assembly proposes and refers to the people
a revision under subsection (1) of this section; and
  (b) An amendment is proposed under section 1, Article IV, or
under section 1 of this Article; and
  (c) The proposed amendment will be submitted to the people at
an election held during the period between the adjournment of the
legislative session at which the proposed revision is referred to
the people and the next regular legislative session.

  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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