74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to A-Eng. HB 2640
 
LC 2187/HB 2640-A5
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2640
 
                      By COMMITTEE ON RULES
 
                             June 22
 
  On page 1 of the printed A-engrossed bill, line 2, after '
elections' delete the rest of the line and line 3 and insert ' ;
appropriating money; and declaring an emergency.'.
  Delete lines 5 through 22 and delete pages 2 through 5 and
insert:
 
                               { +
' NOVEMBER 2007 SPECIAL ELECTION-- + }
                               { +
SENATE JOINT RESOLUTION 4 AND HOUSE BILL 3540 + }
 
  '  { +  SECTION 1. + }  { + Except as otherwise provided in
this 2007 Act, ORS chapters 250, 251 and 254 apply to the special
election held on House Bill 3540 and Senate Joint Resolution 4
(2007). + }
  '  { +  SECTION 2. + }  { + (1) A special election shall be
held throughout this state on November 6, 2007. The measures
referred to in section 1 of this 2007 Act and that are referred
to the people by the Legislative Assembly shall be submitted to
the electors for their approval or rejection at the special
election.
  ' (2) Notwithstanding section 25, chapter 424, Oregon Laws 2007
(Enrolled House Bill 3540), House Bill 3540 shall be submitted to
the people for their approval or rejection at a special election
held throughout this state on November 6, 2007, as provided in
sections 1 to 10 of this 2007 Act. + }
  '  { +  SECTION 3. + }  { + (1) Notwithstanding ORS 250.035,
250.067, 250.075 (2) and 254.085 (3), the ballot title for House
Bill 3540 shall be: + }
]
 ________________________________________________________________
 
 { +  MODIFIES MEASURE 37; CLARIFIES RIGHT TO BUILD HOMES; LIMITS
LARGE DEVELOPMENTS; PROTECTS FARMS, FORESTS, GROUNDWATER. + }
 
 { +  RESULT OF 'YES' VOTE: 'Yes' vote modifies Measure 37;
clarifies private landowners' rights to build homes; extends
rights to surviving spouses; limits large developments; protects
farmlands, forestlands, groundwater supplies. + }
 
 { +  RESULT OF 'NO' VOTE: 'No' vote leaves Measure 37 unchanged;
allows claims to develop large subdivisions, commercial,
industrial projects on lands now reserved for residential, farm
and forest uses. + }
 
 { +  SUMMARY: Modifies Measure 37 (2004) to give landowners with
Measure 37 claims the right to build homes as compensation for
land use restrictions imposed after they acquired their
properties. Claimants may build up to three homes if previously
allowed when they acquired their properties, four to 10 homes if
they can document reductions in property values that justify
additional homes, but may not build more than three homes on
high-value farmlands, forestlands and groundwater-restricted
lands. Allows claimants to transfer homebuilding rights upon sale
or transfer of properties; extends rights to surviving spouses.
Authorizes future claims based on regulations that restrict
residential uses of property or farm, forest practices. Disallows
claims for strip malls, mines, other commercial, industrial uses.
See Explanatory Statement for more information. + }
]
 ________________________________________________________________
 
  '  { +  (2) Notwithstanding ORS 250.035, 250.067, 250.075 (2)
and 254.085 (3), the ballot title for Senate Joint Resolution 4
(2007) shall be: + }
]
 ________________________________________________________________
 
 
 { +  AMENDS CONSTITUTION: DEDICATES FUNDS TO PROVIDE HEALTH CARE
FOR CHILDREN, FUND TOBACCO PREVENTION, THROUGH INCREASED TOBACCO
TAX. + }
 
 { +  RESULT OF 'YES' VOTE: 'Yes' vote dedicates funds to provide
health care for children, low-income adults and medically
underserved Oregonians, and fund tobacco prevention programs,
through increased tobacco tax. + }
 
 { +  RESULT OF 'NO' VOTE: 'No' vote rejects proposal to dedicate
funding for children's health care, other health care programs,
and tobacco prevention programs; maintains tobacco tax at current
level. + }
 
 { +  SUMMARY: This measure increases the tobacco tax and
dedicates the new revenue to providing health care for children,
low-income adults and other medically underserved Oregonians, and
to funding tobacco prevention and education programs. The measure
increases the tax on cigarettes by 84.5 cents per pack, and
increases the tax on other tobacco products. The measure will
fund the Healthy Kids Program created by the 2007 legislature to
provide affordable health care for uninsured children. The
measure will fund tobacco prevention programs, safety net
clinics, rural health care and health care for Oregon's lowest
income families and individuals through the Oregon Health Plan.
If the measure does not pass, these health care programs will not
be expanded, and the Healthy Kids Program will not become
law. + }
]
 ________________________________________________________________
 
  '  { +  (3) ORS 250.085 does not apply to the ballot titles
contained in subsections (1) and (2) of this section. The ballot
titles contained in subsections (1) and (2) of this section shall
be the ballot titles printed in the voters' pamphlet and printed
on, or included with, the ballot. + }
  '  { +  SECTION 4. + }  { + (1) Notwithstanding ORS 250.125,
250.127 and 250.131, the estimate of financial impact for House
Bill 3540 to be printed in the voters' pamphlet and printed on,
or included with, the ballot shall be: + }
]
 ________________________________________________________________
 
 
 
 
]
 ________________________________________________________________
 
  '  { +  (2) Notwithstanding ORS 250.125, 250.127 and 250.131,
the estimate of financial impact for Senate Joint Resolution 4
(2007) to be printed in the voters' pamphlet and printed on, or
included with, the ballot shall be: + }
]
 ________________________________________________________________
 
 
 
 
]
 ________________________________________________________________
 
  '  { +  (3) ORS 250.131 does not apply to the financial
estimates contained in subsections (1) and (2) of this section.
The financial estimates contained in subsections (1) and (2) of
this section shall be the financial estimates printed in the
voters' pamphlet and printed on, or included with, the
ballot. + }
  '  { +  SECTION 5. + }  { + (1) Notwithstanding ORS 251.205,
251.215, 251.225, 251.230 and 251.235, the explanatory statement
to be printed in the voters' pamphlet for House Bill 3540 shall
be: + }
]
 ________________________________________________________________
 
   { +  Ballot Measure 37 (2004) requires governments to pay
landowners or forgo enforcement when certain land use regulations
reduce their property values. This measure modifies Measure 37 to
give landowners who have filed Measure 37 claims the right to
build homes as compensation for land use regulations imposed
after they acquired their properties.
  Claimants may build up to three homes if allowed when they
acquired their properties.
  Claimants may build up to 10 homes if allowed when they
acquired their properties and they have suffered reductions in
property values that justify the additional home sites.
  This measure protects farmlands, forestlands and lands with
groundwater shortages in two ways.
  First, subdivisions are not allowed on high-value farmlands,
forestlands and groundwater-restricted lands. Claimants may not
build more than three homes on such lands.
  Second, claimants may not use this measure to override current
zoning laws that prohibit commercial and industrial developments,
such as strip malls and mines, on land reserved for homes, farms,
forests and other uses.
  Also, this measure expands homebuilding rights under Measure 37
in two ways.
  First, it extends homebuilding rights to surviving spouses
whose claims are not eligible for compensation under Measure 37.
  Second, it allows claimants to transfer their homebuilding
rights to new owners, a right not clearly provided by Measure 37.
The new owners must exercise their homebuilding rights within 10
years.
  Claimants will be notified of their options to build homes
under this measure within 120 days after this measure takes
effect.
  Claimants who have received land use waivers under Measure 37
are entitled to complete developments under the provisions of
Measure 37 if they have established vested rights to do so.
  To streamline the approval process for small claims, this
measure provides that those who choose to apply for up to three
homes need only show they had the right to build the homes they
are requesting when they acquired their property.
  To validate larger claims, this measure requires those who
choose to apply for four to 10 homes to show they had the right
to develop the homes they are requesting when they acquired their
property and that they have suffered a loss of value from prior
regulations that justifies the number of homes requested.
Appraisals are required to establish such reductions in value.
The costs of appraisals and other costs of preparing claims may
be added to the calculation of reduced values, up to $5,000 per
claim.
  This measure establishes an ombudsman to help landowners who
request assistance with their claims.
  This measure modifies Measure 37 for compensation claims that
arise from land use regulations in the future. It authorizes such
claims based on regulations that limit residential uses of
property or farm and forest practices, requires documentation of
reduced values and provides for proportionate compensation when
such reductions in value occur. Property owners will have five
years to file claims over regulations enacted after January 1,
2007.
  This measure will be effective 30 days after approval by the
voters. + }
]
 ________________________________________________________________
 
  '  { +  (2) Notwithstanding ORS 251.205, 251.215, 251.225,
251.230 and 251.235, the explanatory statement to be printed in
the voters' pamphlet for Senate Joint Resolution 4 (2007) shall
be: + }
]
 ________________________________________________________________
 
   { +  This measure would amend the Oregon Constitution to
provide dedicated funding for children's health care and other
health programs through an increase in the tobacco tax. The
measure would raise the cigarette tax by 84.5 cents per pack to
equalize it with the cigarette tax in the State of Washington.
The measure would also raise the tax on cigars and other tobacco
products.
  The new revenue generated by this measure would be dedicated to
the following purposes:
  1. Providing health care to children.
  2. Providing health care to low-income adults.
  3. Providing health care to other medically underserved
Oregonians.
  4. Preventing tobacco use.
  If the measure passes, it will be implemented by Senate Bill 3,
which the legislature passed earlier this year. That legislation:
  1. Creates the Healthy Kids Program, which is designed to
provide affordable health care to uninsured children in Oregon.
The Healthy Kids Program expands eligibility for existing health
insurance programs, streamlines and simplifies application
procedures and creates a new children's health care pool to lower
health care costs.
  2. Provides affordable health care for 10,000 low-income adults
through the Oregon Health Plan.
  3. Expands funding for rural health care and safety net
clinics.
  4. Expands funding of Oregon's Tobacco Use Reduction Account.
  Under Senate Bill 3, approximately 70 percent of the new
tobacco tax revenue through 2011 would be allocated to the
Healthy Kids Program; approximately 18 percent would be allocated
to health care for low-income adults; approximately 4 percent
would be allocated to rural health services and safety net
clinics; and approximately 8 percent would be allocated to
tobacco prevention.
  If this measure fails, the Healthy Kids Program and other
health care expansions in Senate Bill 3 will not become law. + }
]
 ________________________________________________________________
 
  '  { +  (3) ORS 251.235 does not apply to the explanatory
statements contained in subsections (1) and (2) of this section.
The explanatory statements contained in subsections (1) and (2)
of this section shall be printed in the voters' pamphlet. + }
  '  { +  SECTION 6. + }  { + (1) Arguments relating to the
measures referred to in section 1 of this 2007 Act may be filed
with the Secretary of State under ORS 251.245 and 251.255, except
 
that an argument must be filed not later than the date set by the
Secretary of State by rule.
  ' (2) Notwithstanding ORS 192.410 to 192.505 relating to public
records, an argument filed under this section is exempt from
public inspection until the fourth business day after the
deadline for filing the argument. + }
  '  { +  SECTION 7. + }  { + (1) The Secretary of State shall
cause to be printed in the voters' pamphlet the number, ballot
title and text of the measures referred to in section 1 of this
2007 Act and the financial estimates, explanatory statements and
arguments relating to the measures. The Secretary of State shall
also cause to be printed in the voters' pamphlet any other
material required by law. Notwithstanding ORS 251.026, the
Secretary of State shall include in the voters' pamphlet the
information or statements described in ORS 251.026 that the
Secretary of State considers applicable to the election on the
measures referred to in section 1 of this 2007 Act.
  ' (2) Not later than the 10th day before the election, the
Secretary of State shall cause the voters' pamphlet to be mailed
to each post-office mailing address in Oregon and may use any
additional means of distribution necessary to make the pamphlet
available to electors.
  ' (3) In preparing the voters' pamphlet under this section, the
Secretary of State is not required to comply with ORS chapter
279B relating to competitive bidding.
  ' (4) For purposes of sections 1 to 10 of this 2007 Act, the
election referred to in ORS 251.295 is the special election held
on the date specified in section 2 of this 2007 Act. + }
  '  { +  SECTION 8. + }  { + (1) Notwithstanding the deadline in
ORS 254.085, the Secretary of State shall prepare and deliver to
each county clerk by the most expeditious means practicable a
certified statement of the measures referred to in section 1 of
this 2007 Act. The Secretary of State shall include with the
statement the number, financial estimate and full ballot title of
the measures, and any other information required by law. The
Secretary of State shall keep a copy of the statement.
  ' (2) The county clerks shall print on the ballot the number,
financial estimate and full ballot title of the measures, along
with any other material required by law. In lieu of printing the
financial estimate, the summary portion of the ballot title or
other material required by law on the ballot, a county clerk may
include with the ballot the complete text of the ballot title,
the financial estimate and any other material required by
law. + }
  '  { +  SECTION 9. + }  { + (1) The Secretary of State may
adopt rules governing the procedures for conducting the election
on the measures referred to in section 1 of this 2007 Act as may
be necessary to implement sections 1 to 10 of this 2007 Act.
  ' (2) Notwithstanding ORS 254.465, the election on the measures
referred to in section 1 of this 2007 Act shall be conducted by
mail in all counties in this state as provided under ORS
254.470. + }
  '  { +  SECTION 10. + }  { + (1) In addition to and not in lieu
of any other appropriation or moneys made available by law or
from other sources, there is appropriated to the Secretary of
State, for the biennium beginning July 1, 2007, out of the
General Fund, the amount of $___ for the payment of direct
expenses of this state incurred in submitting, by action of the
Legislative Assembly, the measures referred to in section 1 of
this 2007 Act to the people at a special election held throughout
this state on November 6, 2007.
  ' (2) Any part of the appropriation under subsection (1) of
this section that is unexpended and unobligated on June 30, 2008,
shall revert to the General Fund. + }
 
 
                                '
 { +  FORFEITURE--SENATE JOINT RESOLUTION 18 + }
 
  '  { +  SECTION 11. + }  { + (1) Notwithstanding ORS 250.035,
250.067, 250.075 (2) and 254.085 (3), the ballot title for Senate
Joint Resolution 18 (2007) shall be: + }
]
 ________________________________________________________________
 
 
 { +  AMENDS CONSTITUTION: MODIFIES PROVISIONS GOVERNING CIVIL
FORFEITURES RELATED TO CRIMES; PERMITS USE OF PROCEEDS BY LAW
ENFORCEMENT. + }
 
 { +  RESULT OF 'YES' VOTE: 'Yes' vote amends constitution to
allow civil forfeitures for crimes similar to crime of
conviction, permits proceeds to be used for law enforcement;
other changes. + }
 
 { +  RESULT OF 'NO' VOTE: 'No' vote retains constitutional
provisions prohibiting civil forfeitures unless property is
directly related to crime of conviction and prohibiting use of
proceeds by law enforcement. + }
 
 { +  SUMMARY: Oregon's Constitution generally requires that
property may be forfeited only if the owner is convicted of crime
involving the property. Constitution currently prohibits use of
proceeds for law enforcement purposes. Measure would allow civil
forfeiture of property for crimes that are substantially similar
to crime of conviction. Measure would permit forfeiture without
conviction if the person took property with intent to defeat
forfeiture, knew or should have known that the property
constituted proceeds or instrumentality of criminal conduct, or
acquiesced in criminal conduct. The measure requires proof by
preponderance of evidence to forfeit personal property, and by
clear and convincing evidence to forfeit real property. The
measure provides an exemption for forfeiture of animals. The
measure would allow using forfeiture proceeds for law enforcement
purposes. + }
]
 ________________________________________________________________
 
  '  { +  (2) ORS 250.085 does not apply to the ballot title
contained in subsection (1) of this section. The ballot title
contained in subsection (1) of this section shall be the ballot
title printed in the voters' pamphlet and printed on, or included
with, the ballot.
  ' (3) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for Senate Joint Resolution 18 (2007) shall
be: + }
]
 ________________________________________________________________
 
   { +  In November 2000 voters amended the Oregon Constitution
by approving the Oregon Property Protection Act of 2000. The
amendment imposed several restrictions on the ability of state
and local governments to civilly forfeit property. This measure
would modify some of the restrictions on civil forfeiture of
property.
  The constitution currently requires that a person's property
may be forfeited only if the person is convicted of a crime. In
addition, the forfeiting agency must show by clear and convincing
evidence that the property was an instrumentality of that crime,
or proceeds of that crime.
  This measure would allow civil forfeiture of instrumentalities
and proceeds of other crimes that are similar to the crime that a
person is convicted of committing, even though the person is not
convicted of committing those other crimes. The measure requires
notice to the person and opportunity to challenge the seizure and
forfeiture.
  This measure would also specify circumstances in which property
may be forfeited without a criminal conviction. The measure would
allow forfeiture if the person took the property with intent to
defeat forfeiture, the person knew or should have known that the
property constituted proceeds or instrumentality of criminal
conduct, or the person acquiesced in the criminal conduct.
  This measure also modifies the standard of proof in civil
forfeiture proceedings, requiring proof by preponderance of
evidence to forfeit personal property, and proof by clear and
convincing evidence to forfeit real property. The measure makes
an exception for cash, weapons or negotiable instruments found in
close proximity to controlled substances or instrumentalities of
criminal conduct, providing that claimant must prove by
preponderance of evidence that the property is not subject to
forfeiture.
  This measure provides that forfeiture of animals is not subject
to the Oregon Property Protection Act of 2000.
  This measure removes the prohibition on using forfeited
property for law enforcement purposes, and removes the cap on the
amount of property that may be applied against the costs of the
forfeiture proceeding.
  This measure makes various other housekeeping amendments to the
Oregon Property Protection Act of 2000. + }
]
 ________________________________________________________________
 
  '  { +  (4) ORS 251.235 does not apply to the explanatory
statement contained in subsection (3) of this section. The
explanatory statement contained in subsection (3) of this section
shall be printed in the voters' pamphlet.
  ' (5) Notwithstanding ORS 250.125, 250.127 and 250.131, the
estimate of financial impact for Senate Joint Resolution 18
(2007) to be printed in the voters' pamphlet and printed on, or
included with, the ballot shall be: + }
]
 ________________________________________________________________
 
 { +  ESTIMATE OF FINANCIAL IMPACT: + }
 
]
 ________________________________________________________________
 
  '  { +  (6) ORS 250.131 does not apply to the financial
estimate contained in subsection (5) of this section. The
financial estimate contained in subsection (5) of this section
shall be the financial estimate printed in the voters' pamphlet
and printed on, or included with, the ballot. + }
 
                                '
 { +  SCHOOL ELECTIONS--HOUSE JOINT RESOLUTION 4 + }
 
  '  { +  SECTION 12. + }  { + (1) Notwithstanding ORS 250.035,
250.067, 250.075 (2) and 254.085 (3), the ballot title for House
Joint Resolution 4 (2007) shall be: + }
]
 ________________________________________________________________
 
 
 { +  AMENDS CONSTITUTION: STANDARDIZES VOTING ELIGIBILITY FOR
SCHOOL BOARD ELECTIONS WITH OTHER STATE AND LOCAL ELECTIONS. + }
 
 { +  RESULT OF 'YES' VOTE: 'Yes' vote deletes unenforceable
provisions relating to voter eligibility; deletion would have no
substantive effect. + }
 
 { +  RESULT OF 'NO' VOTE: 'No' vote retains unenforceable
provisions that require citizens to be 21 years of age to vote in
school board elections. + }
 { +  SUMMARY: Amends Oregon Constitution. The Oregon
Constitution requires voters in school district elections to be
21 years of age and residents in the school district for six
months. It also requires voters to pass a literacy test to vote
in school district elections. This measure would eliminate these
school district voter eligibility requirements because they are
unenforceable under the United States Constitution and federal
law. Voters in school district elections would still have to
satisfy all other voter eligibility requirements for local, state
and federal elections in Oregon. This measure would 'clean up'
the Oregon Constitution by deleting outdated and unenforceable
language. + }
]
 ________________________________________________________________
 
  '  { +  (2) ORS 250.085 does not apply to the ballot title
contained in subsection (1) of this section. The ballot title
contained in subsection (1) of this section shall be the ballot
title printed in the voters' pamphlet and printed on, or included
with, the ballot.
  ' (3) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for House Joint Resolution 4 (2007) shall
be: + }
]
 ________________________________________________________________
 
   { +  In 1948, by initiative, voters amended the Oregon
Constitution to require that in order to vote in school elections
citizens must meet certain qualifications. These qualifications
are set forth in section 6, Article VIII of the Oregon
Constitution, and include requirements that a citizen be at least
21 years old, have resided in the school district for at least
six months before the election and have registered for the
election. A citizen meeting these qualifications would be allowed
to vote in the school election if the citizen also could read and
write English.
  Later developments in voting rights laws and in court decisions
interpreting the United States Constitution have made each of
these requirements unconstitutional or a violation of federal
law. The 26th Amendment to the United States Constitution
prevents denial or abridgment of the voting rights of a citizen
18 years of age or older. Federal court decisions have held that
residency requirements of the type set forth in section 6,
Article VIII of the Oregon Constitution, violate the Equal
Protection Clause of the 14th Amendment to the United States
Constitution, and Oregon's Attorney General in 1972 held that the
requirement is unenforceable. Finally, the federal Voting Rights
Act of 1965 generally prohibits literacy tests as a condition for
eligibility to vote.
  This measure repeals section 6, Article VIII of the Oregon
Constitution, so that Oregon's requirements for voting in school
elections do not violate federal law and the United States
Constitution. The measure also amends section 2, Article II of
the Oregon Constitution, in order to remove a reference to the
same section 6, Article VIII, repealed in the measure. + }
]
 ________________________________________________________________
 
  '  { +  (4) ORS 251.235 does not apply to the explanatory
statement contained in subsection (3) of this section. The
explanatory statement contained in subsection (3) of this section
shall be printed in the voters' pamphlet.
  ' (5) Notwithstanding ORS 250.125, 250.127 and 250.131, the
estimate of financial impact for House Joint Resolution 4 (2007)
to be printed in the voters' pamphlet and printed on, or included
with, the ballot shall be: + }
]
 ________________________________________________________________
 
 { +  ESTIMATE OF FINANCIAL IMPACT: No direct impact for state or
local governments. + }
]
 ________________________________________________________________
 
  '  { +  (6) ORS 250.131 does not apply to the financial
estimate contained in subsection (5) of this section. The
financial estimate contained in subsection (5) of this section
shall be the financial estimate printed in the voters' pamphlet
and printed on, or included with, the ballot. + }
 
                                '
 { +  DOUBLE MAJORITY--HOUSE JOINT RESOLUTION 15 + }
 
  '  { +  SECTION 13. + }  { + (1) Notwithstanding ORS 250.035,
250.067, 250.075 (2) and 254.085 (3), the ballot title for House
Joint Resolution 15 (2007) shall be: + }
]
 ________________________________________________________________
 
 
 { +  AMENDS CONSTITUTION: PROVIDES THAT MAY AND NOVEMBER
PROPERTY TAX ELECTIONS ARE DECIDED BY MAJORITY OF VOTERS
VOTING. + }
 
 { +  RESULT OF 'YES' VOTE: 'Yes' vote provides that majority of
voters voting in May and November elections may pass local
property tax measure to fund schools, police, local services. + }
 
 { +  RESULT OF 'NO' VOTE: 'No' vote retains current law where
non-votes have effect of 'no' vote in certain local elections
where less than 50 percent of voters participate. + }
 
 { +  SUMMARY: Current law requires that 50 percent of voters
participate in an election (except general elections in
even-numbered years) in order to pass local property tax measures
to raise money for schools, police, libraries, parks or other
local government services. This means that non-votes have the
effect of a 'no' vote where less than 50 percent of qualified
voters participate. All other elections are determined by a
majority of those who vote, with no voter turnout requirements.
This measure eliminates the voter turnout requirement for local
property tax elections held in May and November. As a result, for
such elections, measures to raise money for schools, police,
libraries, parks or other local government services become law
when approved by a majority of those voting. + }
]
 ________________________________________________________________
 
  '  { +  (2) ORS 250.085 does not apply to the ballot title
contained in subsection (1) of this section. The ballot title
contained in subsection (1) of this section shall be the ballot
title printed in the voters' pamphlet and printed on, or included
with, the ballot.
  ' (3) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for House Joint Resolution 15 (2007) shall
be: + }
]
 ________________________________________________________________
 
   { +  Under current law, local governments may ask voters to
approve certain local property tax measures to raise money to
help fund local government services, such as education, jails,
police and fire, libraries and parks. Local governments may also
ask voters to approve serial or bond levies to pay for capital
projects, such as building new schools, roads, libraries, parks
and other public facilities.
  Currently, the Oregon Constitution requires that at least 50
percent of qualified voters must vote, and a majority of those
voters must approve the measure, in order to pass a local
property tax measure. The only exception to the 50 percent
turnout requirement is for November elections held in
even-numbered years.
  Under the 50 percent voter turnout requirement, often referred
to as a 'double majority' requirement, non-votes have the effect
of a 'no' vote if less than 50 percent of qualified voters
participate in the election. An example demonstrates how current
law works. Assume:
  Number of qualified voters in jurisdiction: 1,000,000
  Voters who voted: 499,999
  ' Yes' vote: 499,999 (100% of those who voted)
  ' No' vote: 0
  Voters who did not vote: 500,001
  Result: Measure fails; non-votes have effect of 'no' vote
  The voter turnout requirement only applies to certain local
property tax measures, such as 'local option' taxes, serial
levies and bond levies. All other local and state ballot measures
are passed if approved by a majority of those who vote, with no
voter turnout requirement.
  As a result of the voter turnout requirement, many local
property tax measures that were approved in past elections by a
majority of those voting nonetheless failed, because the voter
turnout requirement was not met.
  This measure eliminates the voter turnout requirements for
property tax elections held in May and November, but keeps the
voter turnout requirement for elections held at any other time.
As a result, for May and November elections, local property tax
measures become law when approved by a majority of those
voting. + }
]
 ________________________________________________________________
 
  '  { +  (4) ORS 251.235 does not apply to the explanatory
statement contained in subsection (3) of this section. The
explanatory statement contained in subsection (3) of this section
shall be printed in the voters' pamphlet.
  ' (5) Notwithstanding ORS 250.125, 250.127 and 250.131, the
estimate of financial impact for House Joint Resolution 15 (2007)
to be printed in the voters' pamphlet and printed on, or included
with, the ballot shall be: + }
]
 ________________________________________________________________
 
 { +  ESTIMATE OF FINANCIAL IMPACT: + }
 
]
 ________________________________________________________________
 
  '  { +  (6) ORS 250.131 does not apply to the financial
estimate contained in subsection (5) of this section. The
financial estimate contained in subsection (5) of this section
shall be the financial estimate printed in the voters' pamphlet
and printed on, or included with, the ballot. + }
 
                                '
 { +  REDISTRICTING--HOUSE JOINT RESOLUTION 31 + }
 
  '  { +  SECTION 14. + }  { + (1) Notwithstanding ORS 250.035,
250.067, 250.075 (2) and 254.085 (3), the ballot title for House
Joint Resolution 31 (2007) shall be: + }
]
 ________________________________________________________________
 
 
 { +  AMENDS CONSTITUTION: CHANGES OPERATIVE DATE OF
REDISTRICTING PLANS; ALLOWS AFFECTED LEGISLATORS TO FINISH TERM
IN ORIGINAL DISTRICT. + }
 
 
 { +  RESULT OF 'YES' VOTE: 'Yes' vote changes date when new
redistricting plans become law, which allows affected state
Representatives and Senators to represent their districts for a
full term. + }
 
 { +  RESULT OF 'NO' VOTE: 'No' vote retains current law
permitting state legislator to be reassigned to another district
when redistricting plan results in multiple legislators living in
one district. + }
 
 { +  SUMMARY: Amends Oregon Constitution. Reapportionment,
commonly called 'redistricting' in Oregon, changes the lines of
Oregon's state Representative and state Senator districts every
10 years, based on results of the U.S. census. The next census is
scheduled for 2010, with redistricting to be done in 2011.
Currently, when a redistricting plan takes effect, and more than
one Representative or Senator resides in the new district, one of
the Representatives or Senators is assigned, temporarily, to
another district. For example, in 2001 a Eugene Representative
was assigned to represent a district in central Oregon. This
measure would allow Representatives and Senators to continue to
represent the districts from which they were elected for their
full terms, with the new redistricting going into effect after
the next general election. + }
]
 ________________________________________________________________
 
  '  { +  (2) ORS 250.085 does not apply to the ballot title
contained in subsection (1) of this section. The ballot title
contained in subsection (1) of this section shall be the ballot
title printed in the voters' pamphlet and printed on, or included
with, the ballot.
  ' (3) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for House Joint Resolution 31 (2007) shall
be: + }
]
 ________________________________________________________________
 
   { +  The Oregon Constitution requires the adjustment of the
legislative district boundaries for the offices of state Senator
and state Representative every 10 years after the United States
census is taken. This process is known as redistricting or
reapportionment.
  This measure amends the Oregon Constitution to change the date
that the redistricting plan first applies, or becomes operative.
  Currently, the constitution requires the Legislative Assembly
to adopt a redistricting plan by July 1 of the year following the
census (an odd-numbered year). If the legislature does not adopt
a plan, the Secretary of State must file a redistricting plan
with the Oregon Supreme Court by August 15 of the same year. The
constitution allows for legal challenges to any redistricting
plan and requires that a plan be operative no later than December
15 of the same year.
  Since the redistricting plan goes into operation during
legislative terms of office, this means that incumbent members of
the legislature must be assigned to represent the new legislative
districts for the remainder of their terms. State Representatives
may represent an assigned district for more than one year. State
Senators may represent an assigned district for more than two
years.
  This measure changes the date that the new redistricting plan
becomes operative to the first day of the next regular
legislative session that occurs after the plan is developed.
Therefore, most members of the legislature could continue to
represent the districts from which they were elected or appointed
until the end of their terms. Some state Senators would have to
 
be assigned to a new district for the final two years of their
term of office.
  However, the measure also provides that the new legislative
districts would apply for purposes of nominating and electing
members of the legislature at the primary and general elections
in the even-numbered year after the final redistricting plan was
developed.
  Therefore, this measure allows the new legislative districts to
apply for purposes of nominating and electing candidates from the
new legislative districts, but does not require most incumbent
members of the legislature to be assigned to and represent new
legislative districts that are different from the districts from
which they were elected or appointed. + }
]
 ________________________________________________________________
 
  '  { +  (4) ORS 251.235 does not apply to the explanatory
statement contained in subsection (3) of this section. The
explanatory statement contained in subsection (3) of this section
shall be printed in the voters' pamphlet.
  ' (5) Notwithstanding ORS 250.125, 250.127 and 250.131, the
estimate of financial impact for House Joint Resolution 31 (2007)
to be printed in the voters' pamphlet and printed on, or included
with, the ballot shall be: + }
]
 ________________________________________________________________
 
 { +  ESTIMATE OF FINANCIAL IMPACT: + }
 
]
 ________________________________________________________________
 
  '  { +  (6) ORS 250.131 does not apply to the financial
estimate contained in subsection (5) of this section. The
financial estimate contained in subsection (5) of this section
shall be the financial estimate printed in the voters' pamphlet
and printed on, or included with, the ballot. + }
 
                                '
 { +  CRIME VICTIMS--HOUSE JOINT RESOLUTION 49 + }
 
  '  { +  SECTION 15. + }  { + (1) Notwithstanding ORS 250.035,
250.067, 250.075 (2) and 254.085 (3), the ballot title for House
Joint Resolution 49 (2007) shall be: + }
]
 ________________________________________________________________
 
 
 { +  AMENDS CONSTITUTION: ENABLES CRIME VICTIMS TO ENFORCE
EXISTING CONSTITUTIONAL RIGHTS IN PROSECUTIONS, DELINQUENCY
PROCEEDINGS; AUTHORIZES IMPLEMENTING LEGISLATION. + }
 
 { +  RESULT OF 'YES' VOTE: 'Yes' vote provides crime victims
effective court processes to enforce existing constitutional
rights regarding participation, restitution in criminal
prosecutions/juvenile delinquency proceedings; authorizes
implementing legislation. + }
 
 { +  RESULT OF 'NO' VOTE: 'No' vote retains provisions giving
crime victims specified constitutional rights in
prosecutions/juvenile delinquency proceedings, but denying
victims effective court processes to enforce these rights. + }
 
 { +  SUMMARY: Amends Oregon Constitution. Current constitution
gives crime victims specified rights in criminal
prosecutions/juvenile delinquency proceedings (including rights
to: be present during specified proceedings, refuse defendants'
discovery requests, receive restitution, obtain transcripts,
consult about specified plea negotiations), but constitution
denies victims effective processes for enforcing these rights in
court. Measure provides victims shall have remedy by due course
of law for violations of these constitutional rights. Measure
provides victims may assert claim based on these rights in
pending cases or, absent pending case, by mandamus. Authorizes
legislature to enact implementing legislation. Measure does not
allow victims to obtain compensation, invalidate an accusatory
instrument, conviction or adjudication, terminate a criminal or
juvenile delinquency proceeding, or suspend such proceeding if
suspension would violate defendant's constitutional rights. Other
provisions. + }
]
 ________________________________________________________________
 
  '  { +  (2) ORS 250.085 does not apply to the ballot title
contained in subsection (1) of this section. The ballot title
contained in subsection (1) of this section shall be the ballot
title printed in the voters' pamphlet and printed on, or included
with, the ballot.
  ' (3) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for House Joint Resolution 49 (2007) shall
be: + }
]
 ________________________________________________________________
 
   { +  Section 42 of Article I (the Bill of Rights) of the
Oregon Constitution establishes rights of crime victims in adult
criminal and juvenile delinquency cases. Those rights include,
among others, the right to be present and to be heard at critical
stages in the case, to obtain information about the defendant or
alleged juvenile offender, to refuse to be interviewed by the
defendant or alleged juvenile offender, to obtain a transcript of
certain court cases and, upon request, to be consulted about plea
negotiations in certain cases.
  Currently, victims cannot enforce effectively any of the rights
established in section 42 because section 42 provides that
assertion of a victim's rights cannot invalidate a court ruling
or suspend a case. Thus, victims cannot appeal from or otherwise
challenge a ruling of a court denying any of their section 42
rights, and the constitution prevents the legislature from
providing victims effective procedural rights by statute.
  HJR 49 amends section 42 of Oregon's Bill of Rights. Under the
measure, victims could individually seek remedies for violations
of section 42 'by due course of law.' Victims of crime could
challenge a ruling of a court denying the victim a right secured
for the victim by section 42. To effectuate their rights under
section 42, the measure allows victims to seek a delay in an
adult criminal or juvenile delinquency case. Victims could pursue
remedies in the criminal or juvenile delinquency case if one is
pending or, if no such case is pending, could initiate a case of
their own. If the victim and the district attorney agreed, the
district attorney could enforce the victim's section 42 rights.
The measure authorizes the legislature to enact statutes
providing the details of victims' remedial processes, including
reasonable limitations on the time allowed for filing claims and
the circumstances in which appeals are allowed.
  In prosecutions involving organized crime, some victims may
also be coconspirators. In other cases, children who are victims
of crime may be subject to manipulation by the accused. The
measure provides that in either type of case prosecutors may seek
a court order suspending the rights secured by section 42.
  The measure continues the current provision of section 42 that
prevents a recovery of money damages for violation of a victim's
rights, and the current provision that prevents an assertion of a
victim's rights from invalidating an accusatory instrument,
conviction or adjudication, or from terminating any criminal or
juvenile delinquency case at any point after the case begins. The
measure also provides that no claim for a right established in
section 42 shall suspend a criminal or juvenile delinquency case
if suspension would violate a right of a defendant or alleged
youth offender guaranteed by the Oregon Constitution or United
States Constitution. + }
]
 ________________________________________________________________
 
  '  { +  (4) ORS 251.235 does not apply to the explanatory
statement contained in subsection (3) of this section. The
explanatory statement contained in subsection (3) of this section
shall be printed in the voters' pamphlet.
  ' (5) Notwithstanding ORS 250.125, 250.127 and 250.131, the
estimate of financial impact for House Joint Resolution 49 (2007)
to be printed in the voters' pamphlet and printed on, or included
with, the ballot shall be: + }
]
 ________________________________________________________________
 
 { +  ESTIMATE OF FINANCIAL IMPACT: + }
 
]
 ________________________________________________________________
 
  '  { +  (6) ORS 250.131 does not apply to the financial
estimate contained in subsection (5) of this section. The
financial estimate contained in subsection (5) of this section
shall be the financial estimate printed in the voters' pamphlet
and printed on, or included with, the ballot. + }
 
                                '
 { +  CRIME VICTIMS--HOUSE JOINT RESOLUTION 50 + }
 
  '  { +  SECTION 16. + }  { + (1) Notwithstanding ORS 250.035,
250.067, 250.075 (2) and 254.085 (3), the ballot title for House
Joint Resolution 50 (2007) shall be: + }
]
 ________________________________________________________________
 
 
 { +  AMENDS CONSTITUTION: ENABLES CRIME VICTIMS TO ENFORCE
EXISTING CONSTITUTIONAL RIGHTS IN PROSECUTIONS, DELINQUENCY
PROCEEDINGS; AUTHORIZES IMPLEMENTING LEGISLATION. + }
 
 { +  RESULT OF 'YES' VOTE: 'Yes' vote provides crime victims
court processes to enforce existing constitutional rights
regarding protection from offenders throughout criminal
prosecutions/juvenile delinquency proceedings; authorizes
implementing legislation. + }
 
 { +  RESULT OF 'NO' VOTE: 'No' vote retains provisions giving
crime victims specified constitutional rights in
prosecutions/juvenile delinquency proceedings, but denying crime
victims effective court processes to enforce these rights. + }
 
 { +  SUMMARY: Amends Oregon Constitution. Current constitution
gives crime victims specified rights in criminal
prosecutions/juvenile delinquency proceedings (including rights
to: protection from offenders, have pre-trial release decisions
based on principles of protection, have release prohibited under
specified circumstances), but constitution denies crime victims
processes for enforcing these rights in court. Measure provides
victims shall have remedy by due course of law for violations of
these constitutional rights. Measure provides victims may assert
claim based on these rights in pending cases or, absent pending
case, by mandamus. Authorizes legislature to enact implementing
legislation. Measure does not allow victims to obtain
compensation, invalidate an accusatory instrument, conviction or
adjudication, terminate a criminal or juvenile delinquency
proceeding, or suspend such proceeding if suspension would
violate defendant's constitutional rights. Other provisions. + }
]
 ________________________________________________________________
 
  '  { +  (2) ORS 250.085 does not apply to the ballot title
contained in subsection (1) of this section. The ballot title
contained in subsection (1) of this section shall be the ballot
title printed in the voters' pamphlet and printed on, or included
with, the ballot.
  ' (3) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230
and 251.235, the explanatory statement to be printed in the
voters' pamphlet for House Joint Resolution 50 (2007) shall
be: + }
]
 ________________________________________________________________
 
   { +  Section 43 of Article I of the Oregon Constitution (the
Bill of Rights) establishes rights of crime victims in adult
criminal and juvenile delinquency cases. Section 43 establishes
the right to be reasonably protected from the accused throughout
the adult criminal and juvenile delinquency process and the right
to have decisions by the court about the pretrial release of the
accused based upon the principles of reasonable protection of the
victim and the public, and the likelihood that the accused will
appear for trial.
  Currently, victims cannot enforce effectively any of the rights
established in section 43 because section 43 provides that
assertion of a victim's rights cannot invalidate a court ruling
or suspend a case and because district attorneys are the only
parties to a case that have authority to assert the victim's
section 43 rights. Thus, victims cannot appear in court to assert
their section 43 rights and cannot appeal from or otherwise
challenge a ruling of a court denying any of their section 43
rights. The constitution prevents the legislature from providing
victims such procedural rights by statute.
  HJR 50 amends section 43 of Oregon's Bill of Rights. Under the
measure, victims could individually seek remedies for violations
of section 43 'by due course of law.' Victims of crime could
challenge a ruling of a court denying the victim a right secured
for the victim by section 43. To effectuate their rights under
section 43, the measure allows victims to seek a delay in an
adult criminal or juvenile delinquency case. Victims could pursue
remedies in the criminal or juvenile delinquency case if one is
pending, or, if no such case is pending, could initiate a case of
their own. If the victim and the district attorney agreed, the
district attorney could enforce the victim's section 43 rights.
The measure authorizes the legislature to enact statutes
providing the details of victims' remedial processes, including
reasonable limitations on the time allowed for filing claims and
the circumstances in which appeals are allowed.
  In prosecutions involving organized crime, some victims may
also be co-conspirators. In other cases, children who are victims
of crime may be subject to manipulation by the accused. The
measure provides that in either type of case prosecutors may seek
a court order suspending the rights secured by section 43.
  The measure continues the current provision of section 43 that
prevents a recovery of money damages for violation of a victim's
rights, and the current provision that prevents an assertion of a
victim's rights from invalidating an accusatory instrument,
conviction or adjudication, or from terminating any criminal or
juvenile delinquency case at any point after the case begins. The
measure also provides that no claim for a right established in
section 43 shall suspend a criminal or juvenile delinquency case
if suspension would violate a right of a defendant or alleged
youth offender guaranteed by the Oregon Constitution or United
States Constitution. + }
]
 ________________________________________________________________
 
 
  '  { +  (4) ORS 251.235 does not apply to the explanatory
statement contained in subsection (3) of this section. The
explanatory statement contained in subsection (3) of this section
shall be printed in the voters' pamphlet.
  ' (5) Notwithstanding ORS 250.125, 250.127 and 250.131, the
estimate of financial impact for House Joint Resolution 50 (2007)
to be printed in the voters' pamphlet and printed on, or included
with, the ballot shall be: + }
]
 ________________________________________________________________
 
 { +  ESTIMATE OF FINANCIAL IMPACT: + }
 
]
 ________________________________________________________________
 
  '  { +  (6) ORS 250.131 does not apply to the financial
estimate contained in subsection (5) of this section. The
financial estimate contained in subsection (5) of this section
shall be the financial estimate printed in the voters' pamphlet
and printed on, or included with, the ballot. + }
 
                                '
 { +  CAPTIONS + }
 
  '  { +  SECTION 17. + }  { + The unit captions used in this
2007 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2007 Act. + }
 
                                '
 { +  EMERGENCY CLAUSE + }
 
  '  { +  SECTION 18. + }  { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect on its passage. + } ' .
                         ----------