68th OREGON LEGISLATIVE ASSEMBLY--1995 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 1562
House Bill 2350
Sponsored by Representative MANNIX
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.
Transfers responsibility for developing fiscal impact
statements on state measures to committee of five citizens.
Modifies process for developing and challenging fiscal impact
statements on state measures. Requires Legislative Fiscal Officer
to produce draft estimates. Modifies requirements for reporting
expenditures made for purpose of obtaining signatures on
initiative or referendum petitions.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
250.125, 250.127 and 250.131 and sections 2 and 19, chapter
811, Oregon Laws 1993; and repealing sections 12, 13, 17 and
18, chapter 811, Oregon Laws 1993.
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 money by the state, reduction of expenditure of public
money by the state, reduction of state revenues or raising of
funds by the state by imposing any tax or incurring any
indebtedness, { - the Secretary of State, the State Treasurer,
the Director of the Oregon Department of Administrative Services
and the Director of the Department of Revenue shall - } { + a
fiscal impact statement committee of five citizens shall be
selected as provided in this section to + } estimate the amount
of direct expenditure, direct reduction of expenditure, direct
reduction in state revenues, direct tax revenue or indebtedness
and interest which will be required to meet the provisions of the
measure if it is enacted. The estimate shall state the recurring
annual amount involved or, if the measure does not involve a
recurring annual amount, the total amount.
(2) { - The officials named in subsection (1) of this
section - } { + The fiscal impact statement committee + } shall
also estimate the aggregate amount of direct expenditure, direct
reduction of expenditure, direct reduction in revenues, direct
tax revenue or indebtedness and interest which will be required
by any city, county or district to meet the provisions of the
measure.
(3) The estimates shall be printed in the voters' pamphlet and
on the ballot unless the measure involves only state agency
expenses not exceeding $100,000 per year.
(4) If the { - officials named in subsection (1) of this
section determine - } { + fiscal impact statement committee
determines + } that the measure, if it is enacted, will have no
financial effect except as described in subsection (3) of this
section, the words 'no financial effect on state or local
government expenditures or revenues' shall be printed in the
voters' pamphlet and on the ballot.
{ + (5) The fiscal impact statement committee shall be
selected not later than the 120th day before a special election
held on the date of a primary election or any general election at
which a state measure is to be submitted to the people. The
proponents of the measure shall appoint two members to the
committee and notify the Secretary of State of the selections.
The Secretary of State shall appoint two members to the
committee. The secretary's appointments shall be made from among
the opponents of the measure. Those four members shall appoint
the fifth member and notify the Secretary of State of the
selection. If the four members have not appointed the fifth
member by the 110th day before the election, the fifth member
shall be appointed by the Secretary of State. Appointments to
fill a vacancy shall be made by the person or persons who made
the original appointment.
(6) As used in this section, 'proponents' means:
(a) With respect to any state measure initiated or referred by
petition, the chief petitioners; or
(b) With respect to a measure referred by the Legislative
Assembly, the President of the Senate, who shall appoint a
Senator, and the Speaker of the House, who shall appoint a
Representative.
(7) With respect to a measure referred by the Legislative
Assembly, a Senator or Representative appointed under subsection
(5) of this section may disclose whether the Senator or
Representative supports or opposes the state measure. The
Secretary of State shall print the disclosure in the voters'
pamphlet following the fiscal impact statement. + }
SECTION 2. ORS 250.127 is amended to read:
250.127. (1) { + The Secretary of State by rule shall identify
state agencies affected by a state measure. Each agency shall
estimate the financial effects of the state measure on the agency
and shall file the estimate with the Legislative Fiscal Officer
not later than a date set by the Secretary of State by rule. Not
later than the 120th day before a special election held on the
date of a primary election or any general election at which a
state measure is to be submitted to the people and after
consideration of filed agency estimates, the Legislative Fiscal
Officer shall prepare a draft of the estimates described in ORS
250.125 and shall file the draft with the Secretary of State. Not
later than the first day after the deadline for filing the draft,
the Secretary of State shall make the draft available to the
fiscal impact statement committee.
(2) Except as provided in subsection (6) of this section, the
fiscal impact statement committee shall prepare and file
estimates described in ORS 250.125 with the Secretary of State
+ }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
officials named in ORS 250.125 shall prepare and file with the
Secretary of State, estimates as described in ORS 250.125 - } .
{ - (2) - } { + (3) Except as provided in subsection (6) of
this section, the Secretary of State shall hold a hearing in
Salem upon reasonable statewide notice to receive suggested
changes to the filed estimates or other information + }not
sooner than the 98th nor 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 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) - } { + (4) + } The { - officials named in ORS
250.125 - } { + fiscal impact statement committee + } shall
consider suggestions and any other information submitted under
subsection { - (2) - } { + (3) + } of this section, and may
file revised estimates with the Secretary of State not later than
the 90th day before the election.
{ - (4) - } { + (5) + } Except as provided in subsection
{ - (5) - } { + (6) + } of this section, the original
estimates and any revised estimates { - shall - } { +
must + } be approved by at least three { - of the officials
named in ORS 250.125 - } { + members of the fiscal impact
statement committee + }. If { - an official - } { + a
member + } does not concur, the estimates shall show only that
the { - official - } { + member + } dissents. The Secretary
of State shall certify final estimates not later than the 90th
day before the election at which the measure is to be voted upon.
All estimates prepared under ORS 250.125 and this section shall
be made available to the public.
{ - (5) - } { + (6) + } If { - two - } { + three + } or
more { + members + } of the { - officials named in ORS
250.125 - } { + fiscal impact statement committee + } do not
approve the { + original + }estimates, { + subsections (2) and
(3) of this section do not apply. When three or more members of
the fiscal impact statement committee do not approve the original
estimates, + } the Secretary of State alone shall prepare, file
and certify the estimates not later than the 88th day before the
election at which the measure is to be voted upon with the data
upon which it is based. { + If, after a hearing held under
subsection (3) of this section, three or more members of the
fiscal impact statement committee do not agree on any proposed
revisions, the original estimates shall be the estimates
certified by the Secretary of State. + }
{ - (6) - } { + (7) + } The support or opposition of any
{ - official named in ORS 250.125 - } { + member + } to the
original or revised estimates shall be indicated in the minutes
of any meeting of the { - officials - } { + fiscal impact
statement committee + }. Meetings of the { - officials - }
{ + fiscal impact statement committee + } shall be open to the
public. { - Designees of the officials named in ORS 250.125 may
attend any meetings of the officials in the place of the
officials, but the designees may not vote to approve or oppose
any estimates. - }
{ - (7) - } { + (8) + } A failure to prepare, file or
certify estimates under ORS 250.125, this section or ORS 250.131
shall not prevent the inclusion of the measure in the voters'
pamphlet or placement of the measure on the ballot. { + 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. + }
SECTION 3. ORS 250.131 is amended to read:
250.131. (1) Any person { - alleging that an estimate
required under ORS 250.125 was prepared, filed or certified in
violation of the procedures specified in ORS 250.125 or
250.127 - } { + dissatisfied with the estimates certified under
ORS 250.127 for which suggestions were offered at the Secretary
of State's hearing or, if no hearing was held, that were
prepared, filed and certified by the Secretary of State + } may
petition the Supreme Court seeking that the { - required
procedures be followed - } { + estimates be revised + } and
stating the reasons the { - estimate - } { + estimates
+ }filed with the court
{ - does not satisfy the required procedures - } { + should
be revised + }. No petition shall be allowed { - concerning the
amount of the estimate or - } regarding whether { - an
estimate - } { + estimates + } should be prepared.
(2) If the petition is filed not later than the { - 85th day
before the election at which the measure is to be voted upon, the
court shall review the procedures under which the estimate was
prepared, filed and certified, hear arguments and determine
whether the procedures required under ORS 250.125 and 250.127
were satisfied - } { + fifth day after the deadline for the
Secretary of State to certify final estimates under ORS 250.127,
the court shall review the estimates, hear arguments, make any
necessary revisions and certify estimates required under ORS
250.125 to the Secretary of State + }. { + + }The review by the
{ - Supreme - } court shall be conducted expeditiously to
insure the orderly and timely conduct of the election at which
the measure is to be submitted to the electors. { + The
estimates certified by the court shall be the estimates printed
in the voters' pamphlet. + }
{ - (3) If the court determines that the procedures described
in ORS 250.125 and 250.127 were not satisfied, the court shall
order the preparation of a second estimate, to be prepared, filed
and certified as provided in ORS 250.125 and 250.127 except
that: - }
{ - (a) The officials named in ORS 250.125 shall prepare and
file with the Secretary of State an estimate not later than two
days following the decision of the court; - }
{ - (b) A hearing shall be held within two days after the
estimate is filed; and - }
{ - (c) An estimate shall be certified not later than seven
days after the decision of the court. The procedures under which
the second estimate is filed and certified may not be
appealed. - }
SECTION 4. Section 2, chapter 811, Oregon Laws 1993, is amended
to read:
{ + Sec. 2. + } As used in sections { - 1 to 13 and 17 and
18 of this Act - } { + 1 to 11, chapter 811, Oregon Laws
1993 + }:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(4) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
SECTION 5. Section 19, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 19. + } Sections { - 1 to 13 and 17 and 18 of this
Act - } { + 1 to 11, chapter 811, Oregon Laws 1993, + } are
repealed December 31, 1996.
SECTION 6. { + Sections 12, 13, 17 and 18, chapter 811, Oregon
Laws 1993, are repealed. + }
SECTION 7. { + Section 8 of this Act is added to and made a
part of ORS chapter 260. + }
SECTION 8. { + Notwithstanding any provision of ORS 260.083 or
260.118, in the case of expenditures made for the purpose of
obtaining signatures on an initiative or referendum petition
only, the following rules apply to the listing of the
expenditures on a statement filed under ORS 260.083 or 260.118:
(1) Under expenditures, the statement need not list the name of
each payee who is an individual;
(2) Under expenditures, the statement shall list the name of
each payee who is a person other than an individual and the total
amount of payments made during the accounting period to that
payee; and
(3) Under expenditures, the statement shall list the total
amount of payments made during the accounting period directly to
payees who are individuals. + }
SECTION 9. { + Section 8 of this Act applies to statements of
contributions and expenditures filed under ORS 260.083 or 260.118
on or after the effective date of this Act. + }
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