Bill Text: OR HJR15 | 2013 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution relating to initiative powers.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HJR15 Detail]

Download: Oregon-2013-HJR15-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 1572

                    House Joint Resolution 15

Sponsored by Representative GARRETT; Representatives BARNHART,
  DEMBROW, GREENLICK, MATTHEWS (Presession filed.)

                             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 that
initiative petition proposing law or constitutional amendment
with fiscal impact also provide new tax or fee or increase in
rate of existing tax or fee to cover immediate and future costs
of law or amendment.
  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 creating a new section 1c to be added to and made a part of
Article IV, and by amending section 1, Article IV, such sections
to read:
   { +  Sec. 1. + } (1) The legislative power of the state,
except for the initiative and referendum powers reserved to the
people, is vested in a Legislative Assembly, consisting of a
Senate and a House of Representatives.
  (2)(a) The people reserve to themselves the initiative power,
which is to propose laws and amendments to the Constitution and
enact or reject them at an election independently of the
Legislative Assembly.
  (b) An initiative law may be proposed only by a petition signed
by a number of qualified voters equal to six percent of the total
number of votes cast for all candidates for Governor at the
election at which a Governor was elected for a term of four years
next preceding the filing of the petition.
  (c) An initiative amendment to the Constitution may be proposed
only by a petition signed by a number of qualified voters equal
to eight percent of the total number of votes cast for all
candidates for Governor at the election at which a Governor was
elected for a term of four years next preceding the filing of the
petition.
  (d) An initiative petition shall include the full text of the
proposed law or amendment to the Constitution. A proposed law or
amendment to the Constitution shall embrace one subject only and
matters properly connected therewith.
   { +  (e)(A) An initiative law, or an initiative amendment to
the Constitution, that requires the appropriation or expenditure
of public moneys shall include as part of the proposed law or
amendment to the Constitution a new tax or fee, or an increase in
the rate of an existing tax or fee, to cover the immediate and
future costs of the law or amendment to the Constitution, if
enacted.
  (B) If an initiative law, or an initiative amendment to the
Constitution, that includes a new or increased tax or fee is
enacted and the new or increased tax or fee is insufficient to
cover the costs of the law or amendment to the Constitution for
each fiscal year, the Legislative Assembly may reduce the
appropriation or expenditure of public moneys for implementation
of the law or amendment to the Constitution to the amount of
funding supplied by the new or increased tax or fee.
Notwithstanding section 1, Article XVII of this Constitution, if
an initiative amendment to the Constitution includes a new or
increased tax or fee as described in this paragraph, the
Legislative Assembly may adjust the rate of the tax or fee by law
in accordance with all other provisions of this Constitution. Any
action by the Legislative Assembly under this paragraph does not
prevent any person from seeking any other remedy otherwise
available under law.
  (C) For purposes of paragraph (d) of this subsection, the new
or increased tax or fee is considered a matter properly connected
with the subject of the proposed law or amendment to the
Constitution.
  (D) For purposes of section 1, Article XVII of this
Constitution, the new or increased tax or fee included as part of
a proposed amendment to the Constitution is not considered a
separate amendment to the Constitution. + }
    { - (e) - }  { +  (f) + } An initiative petition shall be
filed not less than four months before the election at which the
proposed law or amendment to the Constitution is to be voted
upon.
  (3)(a) The people reserve to themselves the referendum power,
which is to approve or reject at an election any Act, or part
thereof, of the Legislative Assembly that does not become
effective earlier than 90 days after the end of the session at
which the Act is passed.
  (b) A referendum on an Act or part thereof may be ordered by a
petition signed by a number of qualified voters equal to four
percent of the total number of votes cast for all candidates for
Governor at the election at which a Governor was elected for a
term of four years next preceding the filing of the petition. A
referendum petition shall be filed not more than 90 days after
the end of the session at which the Act is passed.
  (c) A referendum on an Act may be ordered by the Legislative
Assembly by law. Notwithstanding section 15b, Article V of this
Constitution, bills ordering a referendum and bills on which a
referendum is ordered are not subject to veto by the Governor.
  (4)(a) Petitions or orders for the initiative or referendum
shall be filed with the Secretary of State. The Legislative
Assembly shall provide by law for the manner in which the
Secretary of State shall determine whether a petition contains
the required number of signatures of qualified voters. The
Secretary of State shall complete the verification process within
the 30-day period after the last day on which the petition may be
filed as provided in paragraph   { - (e) - }  { +  (f) + } of
subsection (2) { +  of this section + } or paragraph (b) of
subsection (3) of this section.
  (b) Initiative and referendum measures shall be submitted to
the people as provided in this section and by law not
inconsistent therewith.
  (c) All elections on initiative and referendum measures shall
be held at the regular general elections, unless otherwise
ordered by the Legislative Assembly.

  (d) Notwithstanding section 1, Article XVII of this
Constitution, an initiative or referendum measure becomes
effective 30 days after the day on which it is enacted or
approved by a majority of the votes cast thereon. A referendum
ordered by petition on a part of an Act does not delay the
remainder of the Act from becoming effective.
  (5) The initiative and referendum powers reserved to the people
by subsections (2) and (3) of this section are further reserved
to the qualified voters of each municipality and district as to
all local, special and municipal legislation of every character
in or for their municipality or district. The manner of
exercising those powers shall be provided by general laws, but
cities may provide the manner of exercising those powers as to
their municipal legislation. In a city, not more than 15 percent
of the qualified voters may be required to propose legislation by
the initiative, and not more than 10 percent of the qualified
voters may be required to order a referendum on legislation.
  SECTION 1c.  { + (1) The amendment to section 1 of this Article
by House Joint Resolution 15 (2013) applies to any initiative
petition proposing an amendment to this Constitution, or any
initiative petition proposing a law, for which a prospective
petition is filed with the Secretary of State on or after the
effective date of the amendment to section 1 of this Article by
House Joint Resolution 15 (2013).
  (2) This section is repealed on January 2, 2017. + }

  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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