75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                   Senate Joint Resolution 41

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Rules)

Be It Resolved by the Legislative Assembly of the State of
  Oregon:

  PARAGRAPH 1. Section 3, Article III, sections 6 and 10, Article
IV, and sections 5 and 14, Article IX of the Constitution of the
State of Oregon, are amended to read:
   { +  Sec. 10. + }   { - The sessions of the Legislative
Assembly shall be held biennially at the Capitol of the State
commencing on the second Monday of September, in the year
eighteen hundred and fifty eight, and on the same day of every
second year thereafter, unless a different day shall have been
appointed by law.- - }  { +
  (1) The Legislative Assembly shall hold annual sessions at the
Capitol of the State. Each session must begin on the day
designated by law as the first day of the session. Except as
provided in subsection (3) of this section:
  (a) A session beginning in an odd-numbered year may not exceed
160 calendar days in duration; and
  (b) A session beginning in an even-numbered year may not exceed
35 calendar days in duration.
  (2) The Legislative Assembly may hold an organizational session
that is not subject to the limits of subsection (1) of this
section for the purposes of introducing measures and performing
the duties and effecting the organization described in sections
11 and 12 of this Article. The Legislative Assembly may not
undertake final consideration of a measure or reconsideration of
a measure following a gubernatorial veto when convened in an
organizational session.
  (3) A regular session, as described in subsection (1) of this
section, may be extended for a period of five calendar days by
the affirmative vote of two-thirds of the members of each house.
A session may be extended more than once. An extension must begin
on the first calendar day after the end of the immediately
preceding session or extension except that if the first calendar
day is a Sunday, the extension may begin on the next Monday. + }
   { +  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

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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 term of office as a member of the
Legislative Assembly.
   { +  Sec. 6. + } (1) At the  { + odd-numbered year + } regular
session of the Legislative Assembly next following an enumeration
of the inhabitants by the United States Government, the number of
Senators and Representatives shall be fixed by law and
apportioned among legislative districts according to population.
A senatorial district shall consist of two representative
districts. Any Senator whose term continues through the next
 { + odd-numbered year + } regular legislative session after the
operative date of the reapportionment shall be specifically
assigned to a senatorial district. The ratio of Senators and
Representatives, respectively, to population shall be determined
by dividing the total population of the state by the number of
Senators and by the number of Representatives. A reapportionment
by the Legislative Assembly becomes operative as described in
subsection (6) of this section.
  (2) This subsection governs judicial review and correction of a
reapportionment enacted by the Legislative Assembly.
  (a) Original jurisdiction is vested in the Supreme Court, upon
the petition of any elector of the state filed with the Supreme
Court on or before August 1 of the year in which the Legislative
Assembly enacts a reapportionment, to review any reapportionment
so enacted.
  (b) If the Supreme Court determines that the reapportionment
thus reviewed complies with subsection (1) of this section and
all law applicable thereto, it shall dismiss the petition by
written opinion on or before September 1 of the same year and the
reapportionment becomes operative as described in subsection (6)
of this section.
  (c) If the Supreme Court determines that the reapportionment
does not comply with subsection (1) of this section and all law
applicable thereto, the reapportionment shall be void. In its
written opinion, the Supreme Court shall specify with
particularity wherein the reapportionment fails to comply. The
opinion shall further direct the Secretary of State to draft a

Enrolled Senate Joint Resolution 41 (SJR 41-B2CCA)         Page 2

reapportionment of the Senators and Representatives in accordance
with the provisions of subsection (1) of this section and all law
applicable thereto. The Supreme Court shall file its order with
the Secretary of State on or before September 15. The Secretary
of State shall conduct a hearing on the reapportionment at which
the public may submit evidence, views and argument. The Secretary
of State shall cause a transcription of the hearing to be
prepared which, with the evidence, shall become part of the
record. The Secretary of State shall file the corrected
reapportionment with the Supreme Court on or before November 1 of
the same year.
  (d) On or before November 15, the Supreme Court shall review
the corrected reapportionment to assure its compliance with
subsection (1) of this section and all law applicable thereto and
may further correct the reapportionment if the court considers
correction to be necessary.
  (e) The corrected reapportionment becomes operative as
described in subsection (6) of this section.
  (3) This subsection governs enactment, judicial review and
correction of a reapportionment if the Legislative Assembly fails
to enact any reapportionment by July 1 of the year of the  { +
odd-numbered year + } regular session of the Legislative Assembly
next following an enumeration of the inhabitants by the United
States Government.
  (a) The Secretary of State shall make a reapportionment of the
Senators and Representatives in accordance with the provisions of
subsection (1) of this section and all law applicable thereto.
The Secretary of State shall conduct a hearing on the
reapportionment at which the public may submit evidence, views
and argument. The Secretary of State shall cause a transcription
of the hearing to be prepared which, with the evidence, shall
become part of the record. The reapportionment so made shall be
filed with the Supreme Court by August 15 of the same year. The
reapportionment becomes operative as described in subsection (6)
of this section.
  (b) Original jurisdiction is vested in the Supreme Court upon
the petition of any elector of the state filed with the Supreme
Court on or before September 15 of the same year to review any
reapportionment and the record made by the Secretary of State.
  (c) If the Supreme Court determines that the reapportionment
thus reviewed complies with subsection (1) of this section and
all law applicable thereto, it shall dismiss the petition by
written opinion on or before October 15 of the same year and the
reapportionment becomes operative as described in subsection (6)
of this section.
  (d) If the Supreme Court determines that the reapportionment
does not comply with subsection (1) of this section and all law
applicable thereto, the reapportionment shall be void. The
Supreme Court shall return the reapportionment by November 1 to
the Secretary of State accompanied by a written opinion
specifying with particularity wherein the reapportionment fails
to comply.  The opinion shall further direct the Secretary of
State to correct the reapportionment in those particulars, and in
no others, and file the corrected reapportionment with the
Supreme Court on or before December 1 of the same year.
  (e) On or before December 15, the Supreme Court shall review
the corrected reapportionment to assure its compliance with
subsection (1) of this section and all law applicable thereto and
may further correct the reapportionment if the court considers
correction to be necessary.

Enrolled Senate Joint Resolution 41 (SJR 41-B2CCA)         Page 3

  (f) The reapportionment becomes operative as described in
subsection (6) of this section.
  (4) Any reapportionment that becomes operative as provided in
this section is a law of the state except for purposes of
initiative and referendum.
  (5) Notwithstanding section 18, Article II of this
Constitution, after the convening of the next  { + odd-numbered
year + } regular legislative session following the
reapportionment, a Senator whose term continues through that
legislative session is subject to recall by the electors of the
district to which the Senator is assigned and not by the electors
of the district existing before the latest reapportionment. The
number of signatures required on the recall petition is 15
percent of the total votes cast for all candidates for Governor
at the most recent election at which a candidate for Governor was
elected to a full term in the two representative districts
comprising the senatorial district to which the Senator was
assigned.
  (6)(a) Except as provided in paragraph (b) of this subsection,
a reapportionment made under this section becomes operative on
the second Monday in January of the next odd-numbered year after
the applicable deadline for making a final reapportionment under
this section.
  (b) For purposes of electing Senators and Representatives to
the next term of office that commences after the applicable
deadline for making a final reapportionment under this section, a
reapportionment made under this section becomes operative on
January 1 of the calendar year next following the applicable
deadline for making a final reapportionment under this section.
   { +  Sec. 5. + } An accurate statement of the receipts, and
expenditures of the public money shall be published with the laws
of each  { + odd-numbered year + } regular session of the
Legislative Assembly.  { -  - - }
   { +  Sec. 14. + } (1) As soon as is practicable after
adjournment sine die of   { - a - }  { +  an odd-numbered
year + } regular session of the Legislative Assembly, the
Governor shall cause an estimate to be prepared of revenues that
will be received by the General Fund for the biennium beginning
July 1. The estimated revenues from corporate income and excise
taxes shall be separately stated from the estimated revenues from
other General Fund sources.
  (2) As soon as is practicable after the end of the biennium,
the Governor shall cause actual collections of revenues received
by the General Fund for that biennium to be determined. The
revenues received from corporate income and excise taxes shall be
determined separately from the revenues received from other
General Fund sources.
  (3) If the revenues received by the General Fund from corporate
income and excise taxes during the biennium exceed the amount
estimated to be received from corporate income and excise taxes
for the biennium, by two percent or more, the total amount of the
excess shall be returned to corporate income and excise
taxpayers.
  (4) If the revenues received from General Fund revenue sources,
exclusive of those described in subsection (3) of this section,
during the biennium exceed the amount estimated to be received
from such sources for the biennium, by two percent or more, the
total amount of the excess shall be returned to personal income
taxpayers.
  (5) The Legislative Assembly may enact laws:

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  (a) Establishing a tax credit, refund payment or other
mechanism by which the excess revenues are returned to taxpayers,
and establishing administrative procedures connected therewith.
  (b) Allowing the excess revenues to be reduced by
administrative costs associated with returning the excess
revenues.
  (c) Permitting a taxpayer's share of the excess revenues not to
be returned to the taxpayer if the taxpayer's share is less than
a de minimis amount identified by the Legislative Assembly.
  (d) Permitting a taxpayer's share of excess revenues to be
offset by any liability of the taxpayer for which the state is
authorized to undertake collection efforts.
  (6)(a) Prior to the close of a biennium for which an estimate
described in subsection (1) of this section has been made, the
Legislative Assembly, by a two-thirds majority vote of all
members elected to each House, may enact legislation declaring an
emergency and increasing the amount of the estimate prepared
pursuant to subsection (1) of this section.
  (b) The prohibition against declaring an emergency in an act
regulating taxation or exemption in section 1a, Article IX of
this Constitution, does not apply to legislation enacted pursuant
to this subsection.
  (7) This section does not apply:
  (a) If, for a biennium or any portion of a biennium, a state
tax is not imposed on or measured by the income of individuals.
  (b) To revenues derived from any minimum tax imposed on
corporations for the privilege of carrying on or doing business
in this state that is imposed as a fixed amount and that is
nonapportioned (except for changes of accounting periods).
  (c) To biennia beginning before July 1, 2001.

  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. + }

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

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Enrolled Senate Joint Resolution 41 (SJR 41-B2CCA)         Page 5

                                 Adopted by Senate February 17,
                                              2010

                                Readopted by Senate February 25,
                                              2010

                               ----------------------------------
                                       Secretary of Senate

                               ----------------------------------
                                       President of Senate

                                  Adopted by House February 24,
                                              2010

                                 Readopted by House February 25,
                                              2010

                               ----------------------------------
                                        Speaker of House

Enrolled Senate Joint Resolution 41 (SJR 41-B2CCA)         Page 6