Bill Text: OR SB18 | 2013 | Regular Session | Enrolled
Bill Title: Relating to financial impact of state measures on tribal governments.
Spectrum: Unknown
Status: (Passed) 2013-04-25 - Effective date, January 1, 2014. [SB18 Detail]
Download: Oregon-2013-SB18-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 18
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 State Treasurer Ted
Wheeler)
CHAPTER ................
AN ACT
Relating to financial impact of state measures on tribal
governments; creating new provisions; and amending ORS 250.125
and 250.127.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.125 is amended to read:
250.125. (1) When a state measure involves expenditure of
public moneys by the state, reduction of expenditure of public
moneys by the state, reduction of state revenues or raising of
funds by the state by imposing any tax or incurring any
indebtedness, the financial estimate committee created under this
section shall estimate:
(a) The amount of direct expenditure, direct reduction of
expenditure, direct reduction in state revenues, direct tax
revenue or indebtedness and interest that will be required to
meet the provisions of the measure if it is enacted; and
(b) The aggregate amount of direct expenditure, direct
reduction of expenditure, direct reduction in revenues, direct
tax revenue or indebtedness and interest that will be required by
any city, county or district to meet the provisions of the
measure if it is enacted.
{ + (2) For a state measure for which an estimate is required
to be prepared under subsection (1) of this section, the
financial estimate committee may estimate the aggregate amount of
direct expenditure, direct reduction of expenditure, direct
reduction in revenues, direct tax revenue or indebtedness and
interest that will be required by any federally recognized Native
American or American Indian tribal government to meet the
provisions of the measure if it is enacted. + }
{ - (2) - } { + (3) + } { - For a state measure - } { +
If the Legislative Assembly has enacted a law that will apply
only if the measure + }for which an estimate is required to be
prepared under subsection (1) of this section { + is not
enacted + }, the financial estimate committee may also estimate
the amount of direct expenditure, direct reduction of
expenditure, direct reduction in revenues, direct tax revenue or
indebtedness and interest that will result for the
state { + , + } { - or - } any city, county or district
{ + or any federally recognized Native American or American
Enrolled Senate Bill 18 (SB 18-INTRO) Page 1
Indian tribal government + } if the measure is not enacted.
{ - The financial estimate committee may make an estimate under
this subsection if the Legislative Assembly has enacted a law
that will apply only if the measure for which the estimate is
prepared is not enacted. - }
{ - (3) - } { + (4) + } For a state measure for which an
estimate is required to be prepared under subsection (1) of this
section, the financial estimate committee shall consult with the
Legislative Revenue Officer to determine if the measure has
potentially significant indirect economic or fiscal effects. If
the committee determines that the indirect economic or fiscal
effects of the measure are significant and can be estimated, the
Legislative Revenue Officer shall prepare on behalf of the
committee an impartial estimate of the indirect economic or
fiscal effects of the measure. The Legislative Revenue Officer
shall use the best available economic models and data to produce
the estimate. The financial estimate committee shall incorporate
relevant parts of the estimate prepared by the Legislative
Revenue Officer into the estimate prepared by the committee under
subsection (1) of this section.
{ - (4) - } { + (5) + } Except as provided in subsection
{ - (5) - } { + (6) + } of this section, the estimates
described in subsections (1) { - and (2) - } { + to (3) + }
of this section shall be printed in the voters' pamphlet and on
the ballot. The estimates shall be impartial, simple and
understandable and shall include the following information:
(a) A statement of the amount of financial effect on
state { + , + }
{ - or - } local { + or tribal + } government expenditures,
revenues or indebtedness, expressed as a specific amount or as a
range of amounts;
(b) A statement of any recurring annual amount of financial
effect on state { + , + } { - or - } local { + or tribal + }
government expenditures, revenues or indebtedness;
(c) A description of the most likely financial effect or
effects of the adoption of the measure; and
(d) If an estimate is made under subsection { - (2) - } { +
(3) + } of this section, a description of the most likely
financial effect or effects if the measure is not enacted.
{ - (5) - } { + (6) + } If the financial estimate committee
determines that the measure will have no financial effect on
state { + , + } { - or - } local { + or tribal + } government
expenditures, revenues or indebtedness or that the financial
effect on state { + , + } { - or - } local { + or tribal + }
government expenditures, revenues or indebtedness will not exceed
$100,000, the committee shall prepare and file with the Secretary
of State a statement declaring that the measure will have no
financial effect or that the financial effect will not exceed
$100,000. The statement shall be printed in the voters' pamphlet
and on the ballot.
{ - (6) - } { + (7) + } In addition to the estimates
described in subsections (1) { - and (2) - } { + to (3) + }
of this section, if the financial estimate committee considers it
necessary, the committee may prepare and file with the Secretary
of State an impartial, simple and understandable statement
explaining the financial effects of the measure. The statement
may not exceed 500 words. The statement shall be printed in the
voters' pamphlet with the measure to which it relates.
{ - (7) - } { + (8) + } The Legislative Administration
Committee shall provide any administrative staff assistance
Enrolled Senate Bill 18 (SB 18-INTRO) Page 2
required by the financial estimate committee to facilitate the
work of the financial estimate committee under this section or
ORS 250.127.
{ - (8) - } { + (9) + } The financial estimate committee is
created, consisting of the Secretary of State, the State
Treasurer, the Director of the Oregon Department of
Administrative Services, the Director of the Department of
Revenue and a representative of a city, county or district with
expertise in local government finance. The representative of a
city, county or district shall be selected by the four other
members of the financial estimate committee and shall serve for a
term of two years that begins on March 1 of the odd-numbered
year.
SECTION 2. ORS 250.127 is amended to read:
250.127. (1) Not later than the 99th day before a special
election held on the date of a primary election or any general
election at which any state measure is to be submitted to the
people, the financial estimate committee created under ORS
250.125 shall prepare and electronically file with the Secretary
of State the estimates described in ORS 250.125 and, if the
committee considers it necessary, a statement explaining the
financial effects of the measure as described in ORS 250.125
{ - (6) - } { + (7) + }. The financial estimate committee may
begin preparation of the estimates and statement on the date that
a petition is accepted for verification of signatures under ORS
250.105 or the date that a measure referred by the Legislative
Assembly is filed with the Secretary of State, whichever is
applicable.
(2) Not later than the 95th day before the election, the
Secretary of State shall hold a hearing in Salem upon reasonable
statewide notice to receive suggested changes to the estimates or
statement or to receive other information. At the hearing any
person may submit suggested changes or other information orally
or in writing. Written suggestions or other information also may
be submitted at any time before the hearing.
(3) The financial estimate committee shall consider suggestions
and any other information submitted under subsection (2) of this
section, and may file revised estimates or a revised statement
with the Secretary of State not later than the 90th day before
the election.
(4) Except as provided in subsection (5) of this section, the
original estimates and statement and any revised estimates or
statement shall be approved by a majority of the members of the
financial estimate committee. If a member does not concur, the
estimates or statement shall show only that the member dissents.
The Secretary of State shall certify final estimates and a final
statement not later than the 90th day before the election at
which the measure is to be voted upon. All estimates and
statements prepared under ORS 250.125 and this section shall be
made available to the public.
(5) If a majority of the members of the financial estimate
committee do not approve the estimates or statement, the
Secretary of State alone shall prepare, file and certify the
estimates or statement not later than the 88th day before the
election at which the measure is to be voted upon with the data
upon which the estimates or statement is based.
(6) The support or opposition of any member of the financial
estimate committee to the original or revised estimates or
statement shall be indicated in the minutes of any meeting of the
committee. Meetings of the financial estimate committee shall be
Enrolled Senate Bill 18 (SB 18-INTRO) Page 3
open to the public. Designees of the members of the financial
estimate committee may attend any meetings of the committee in
the place of the members, but the designees may not vote to
approve or oppose any estimates or statement.
(7) A failure to prepare, file or certify estimates or a
statement under ORS 250.125, this section or ORS 250.131 does not
prevent the inclusion of the measure in the voters' pamphlet or
placement of the measure on the ballot.
(8) If the estimates are not delivered to the county clerk by
the 61st day before the election, the county clerk may proceed
with the printing of ballots. The county clerk is not required to
reprint ballots to include the estimates or to provide
supplemental information that includes the estimates.
SECTION 3. { + The amendments to ORS 250.125 and 250.127 by
sections 1 and 2 of this 2013 Act apply to the preparation of
financial estimates for which the deadline for filing the
estimate in ORS 250.127 occurs on or after the effective date of
this 2013 Act. + }
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Passed by Senate February 28, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House April 11, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 18 (SB 18-INTRO) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 18 (SB 18-INTRO) Page 5
