Chapter 365
Oregon Laws 2011
AN ACT
HB 2634
Relating to
elections; creating new provisions; amending ORS 251.185; appropriating money;
limiting expenditures; and declaring an emergency.
Whereas the people support the
initiative process as a means for Oregon citizens to propose laws and enact or
reject laws at an election independent of the Legislative Assembly; and
Whereas informed public discussion and
exercise of the initiative power will be enhanced by review of each statewide
measure by an independent panel of Oregon voters, reporting to the electorate
in the voters’ pamphlet; and
Whereas provisional Citizens
Statements in 2010, as approved by the Seventy-fifth Legislative Assembly, have
been valuable to Oregon voters; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 to 9 of this
2011 Act are added to and made a part of ORS chapter 250.
SECTION 2. (1) The Citizens’
Initiative Review Commission is established within the executive branch of
state government, consisting of 11 members. The members shall be appointed in
the following manner:
(a) The Governor shall appoint three
members who have at some time been selected by the four appointed members of an
explanatory statement committee under ORS 251.205 (5) to prepare an explanatory
statement, as follows:
(A) One member recommended by the
leadership of the Democratic party in the Senate and one member recommended by
the leadership of the Republican party in the Senate.
(B) Except as provided in subparagraph
(C) of this paragraph, one member recommended by the leadership of the
political party with the largest representation in the Senate that is not the
same party as the Governor.
(C) If more than two political parties
are represented in the Senate, one member recommended by the leadership of a
third political party with the largest representation in the Senate.
(b) Four former moderators shall be
appointed as members as described in section 6 of this 2011 Act.
(c) Four electors who have served on a
citizen panel shall be appointed as members as described in section 6 of this
2011 Act.
(2) The term of office of a member of
the commission is four years, with the terms of no more than six members
expiring every two years. Vacancies shall be filled by the Governor for the
unexpired term, consistent with subsection (1) of this section.
(3) The commission shall:
(a) Ensure that the citizen panels are
convened to review initiated measures in a fair and impartial manner.
(b) Adopt rules necessary to carry out
the commission’s duties under sections 2 to 9 of this 2011 Act.
SECTION 3. Notwithstanding section
2 of this 2011 Act, the first Citizens’ Initiative Review Commission shall
consist of seven members to be appointed and serve as follows:
(1) The Governor shall appoint three
members who have at some time been selected by the four appointed members of an
explanatory statement committee under ORS 251.205 (5) to prepare an explanatory
statement, as follows:
(a) One member recommended by the
leadership of the Democratic party in the Senate and one member recommended by
the leadership of the Republican party in the Senate.
(b) Except as provided in paragraph
(c) of this subsection, one member recommended by the leadership of the
political party with the largest representation in the Senate that is not the
same party as the Governor.
(c) If more than two political parties
are represented in the Senate, one member recommended by the leadership of a
third political party with the largest representation in the Senate.
(2) The three members appointed by the
Governor under subsection (1) of this section shall appoint:
(a) Two members from among persons who
have served as a moderator for a citizen panel, one to serve for a term of two
years and one to serve for a term of four years; and
(b) Two members from among electors
who have served on a citizen panel, one to serve for a term of two years and
one to serve for a term of four years.
(3) The Governor shall determine at
random which two members appointed under subsection (1) of this section shall
serve a term of four years and which member shall serve a term of two years.
(4) In the event that a member’s
position cannot be filled under this section, the Governor may appoint one or
more persons who have experience conducting citizen review panels to be members
of the initial commission for a two-year term.
SECTION 4. (1) Except as otherwise
provided in this section, the Citizens’ Initiative Review Commission may accept
contributions of moneys and assistance from the United States Government or its
agencies or from any other source, public or private, and agree to conditions
placed on the moneys not inconsistent with the duties of the commission. All
moneys received by the commission under this subsection shall be deposited into
the Citizens’ Initiative Review Fund established under section 8 of this 2011
Act.
(2) The commission may not receive
contributions of moneys or assistance from:
(a) A political committee, as defined
in ORS 260.005;
(b) For-profit corporate treasuries;
(c) Union treasuries; or
(d) Any other source the commission
determines might be used to transfer moneys from a political committee,
for-profit corporate treasury or union treasury to the commission.
(3) If a person contributes to the
commission an aggregate total of more than $100 in a calendar year, not later
than 14 calendar days after the commission receives the contribution, the
commission shall make available to the public on the Internet:
(a) The name and address of the person
or entity who made the contribution; and
(b) The amount of the contribution.
(4) The commission may enter into
contracts and hire any staff the commission deems necessary.
(5) The commission may appoint an
executive director to serve at the pleasure of the commission.
SECTION 5. (1) The Citizens’
Initiative Review Commission shall select one or more state measures proposed
by initiative petition to be voted on at a general election and convene a
separate citizen panel to review each selected measure.
(2) In selecting a measure to be
reviewed by a citizen panel, the commission shall consider the following
criteria:
(a) The fiscal impact of a measure.
(b) Whether the measure amends the
Oregon Constitution.
(c) The availability of funds to
conduct reviews.
(d) Any other criteria established by
the commission by rule.
(3) Each citizen panel shall evaluate
and write statements for the measure considered by the panel.
(4)(a) The commission shall select
citizens for each panel from a representative sample of anonymous electors,
using survey sampling methods that, to the extent practicable, give every
elector a similar chance of being selected. Each citizen panel shall consist of
not fewer than 18 and not more than 24 electors.
(b) The commission shall ensure, to
the extent practicable and legally permissible, that the demographic makeup of
each panel fairly reflects the population of the electorate of this state as a
whole, with respect to the following characteristics, prioritized in the
following order:
(A) The location of the elector’s
residence.
(B) The elector’s party affiliation,
if any.
(C) The elector’s voting history.
(D) The elector’s age.
(c) In addition to the criteria
described in paragraph (b) of this subsection, the commission may also consider:
(A) The elector’s gender.
(B) The elector’s ethnicity.
(C) Any other criteria.
(5) The commission shall, from moneys
in the Citizens’ Initiative Review Fund:
(a) Compensate each elector for each
day served on a panel in an amount calculated using the average weekly wage as
defined in ORS 656.211;
(b) Reimburse each elector who serves
on a panel for travel expenses in accordance with reimbursement policies
determined by the commission by rule;
(c) Provide for costs required to
convene and conduct a citizen panel; and
(d) Transfer to the Secretary of State
all moneys necessary to pay the costs of printing any statements described in
section 7 of this 2011 Act in the voters’ pamphlet.
(6)(a) Each panel shall meet to review
the measure on five consecutive days for a total of not less than 25 hours
unless otherwise provided by commission rule.
(b) Each panel shall conduct public
hearings at which the panel shall receive testimony or other information from
both proponents and opponents of the measure. Unless otherwise determined by a
majority of the panelists, equal time shall be allotted to proponents and
opponents of a measure.
(c) The chief petitioners of the
measure shall designate two persons to provide information in favor of the
measure to the citizen panel. If the chief petitioners fail to timely designate
two persons to appear before the panel, the commission may designate two
persons who support the measure to provide information in favor of the measure.
(d) The commission shall designate two
persons who oppose the measure to provide information in opposition to the
measure.
(e) The commission, by rule, may
specify additional criteria regarding the public hearings.
(7) The commission shall provide each
panel with any complaints regarding the panel not later than the fourth day the
panel convenes.
(8) The commission shall, by rule,
establish qualifications for moderators for each citizen panel. A moderator
must have experience in mediation and shall complete a training course
established by the commission.
(9) The commission shall contract with
two moderators for each panel and shall compensate each moderator for service.
SECTION 6. (1) Not later than
February 1 of an odd-numbered year, each person who served as a moderator for a
citizen panel that evaluated a measure voted on at the most recent general
election shall:
(a) Convene to evaluate procedures
related to the citizen panels and submit a written report to the Citizens’
Initiative Review Commission summarizing the evaluation, along with any
recommendations; and
(b) Appoint two moderators from among
the moderators convened for the evaluation to be members of the commission.
(2) Not later than February 1 of an
odd-numbered year, two electors from each citizen panel shall:
(a) Convene to evaluate procedures
related to the citizen panels and submit a written report to the commission
summarizing the evaluation, along with any recommendations; and
(b) Appoint two electors from among
the former panelists convened for the evaluation to be members of the
commission.
(3) Each year in which an evaluation
is conducted by moderators and panelists under this section, the commission
shall review the evaluations and make any findings and recommendations. The
commission shall make all evaluations, findings and recommendations made under
this section available to the public.
SECTION 7. (1) Not later than the
date set by the Secretary of State by rule, each citizen panel shall prepare
and file with the secretary any of the following statements of not more than
250 words each:
(a) A statement in favor of the
measure.
(b) A statement opposed to the
measure.
(c) A statement that “No panelist took
this position.” if a panel is unanimous in either supporting or opposing a
measure.
(d) A statement of key findings that
summarizes the citizen panel’s findings in an impartial manner and may include
a tally of how many panelists agreed with the key findings.
(e) A statement of additional policy
considerations that describes the subject matter of or any fiscal
considerations related to the measure. A statement submitted under this
paragraph must be supported by at least three-quarters of the panelists.
(2)(a) Before a statement is filed
with the Secretary of State under subsection (1) of this section:
(A) A person designated under section
5 (6)(c) of this 2011 Act shall be allowed to review the statement in favor of
the measure by the citizen panel and provide feedback to the panel regarding
the statement.
(B) A person designated under section
5 (6)(d) of this 2011 Act shall be allowed to review the statement opposed to
the measure by the citizen panel and provide feedback to the panel regarding
the statement.
(C) A person designated under section
5 (6)(c) or (d) of this 2011 Act shall be allowed to review the statement of
key findings by the citizen panel and provide feedback to the panel regarding
the statement.
(b) A citizen panel may adjust any
statement after receiving feedback as described in this subsection.
(3) The secretary shall prescribe the size
and manner of placement of the statements submitted by a citizen panel to be
printed in the voters’ pamphlet, except that the statements shall be clearly
differentiated from other arguments or statements in the voters’ pamphlet and
may include, but are not limited to, the use of unique formatting and
informative symbols.
(4) The secretary shall provide with
any citizen panel statement a description of not more than 150 words of the
citizen panel process described in sections 2 to 9 of this 2011 Act and the
following explanation:
____________________________________________________________________________
The opinions expressed in this
statement are those of the members of a citizen panel and were developed
through the citizen review process. They are NOT official opinions or positions
endorsed by the State of Oregon or any government agency. A citizen panel is
not a judge of the constitutionality or legality of any ballot measure, and any
statements about such matters are not binding on a court of law.
____________________________________________________________________________
(5) The secretary, by rule, shall set
a date by which statements must be filed under this section. The date may not
be sooner than the 70th day before the date of the election.
SECTION 8. The Citizens’
Initiative Review Fund is established in the State Treasury, separate and
distinct from the General Fund. Interest earned by the Citizens’ Initiative
Review Fund shall be credited to the fund. All moneys in the fund are continuously
appropriated to the Citizens’ Initiative Review Commission to carry out the
duties, functions and powers of the commission and for expenses under section 5
(5) of this 2011 Act.
SECTION 9. (1) Not later than the
date that is four months before the date of the general election in an
even-numbered year, the Citizens’ Initiative Review Commission shall determine
whether moneys in sufficient amount are available in the Citizens’ Initiative
Review Fund to carry out all the duties, functions and powers of the
commission, implement sections 5 to 7 of this 2011 Act and pay for any
statements to be printed in the voters’ pamphlet under ORS 251.185.
(2)(a) If the commission determines
that the fund has sufficient moneys under subsection (1) of this section, the
commission shall carry out all the duties, functions and powers of the
commission, implement sections 5 to 7 of this 2011 Act and may submit
statements to be printed in the voters’ pamphlet under ORS 251.185.
(b) If the commission determines that
the fund has insufficient moneys under subsection (1) of this section, for the
general election in that even-numbered year, the commission may not carry out
all the duties, functions and powers of the commission, implement sections 5 to
7 of this 2011 Act or submit statements to be printed in the voters’ pamphlet
under ORS 251.185.
SECTION 10. ORS 251.185 is amended to
read:
251.185. (1) The Secretary of State
shall have printed in the voters’ pamphlet for a general election or any
special election a copy of the title and text of each state measure to be
submitted to the people at the election for which the pamphlet was prepared.
The pamphlet must include the procedures for filing a complaint under ORS
260.345. Each measure shall be printed in the pamphlet with:
(a) The number and ballot title of the
measure;
(b) The financial estimates and any
statement prepared for the measure under ORS 250.125;
(c) The explanatory statement prepared
for the measure; [and]
(d) Arguments relating to the measure
and filed with the Secretary of State[.];
and
(e) Any statement submitted for the
measure by a citizen panel under section 7 of this 2011 Act.
(2) A county measure or measure of a
metropolitan service district organized under ORS chapter 268, and ballot
title, explanatory statement and arguments relating to the measure, filed by
the county or metropolitan service district under ORS 251.285 shall be included
in the voters’ pamphlet described in subsection (1) of this section if required
under ORS 251.067.
SECTION 11. (1) Any expenses
incurred in the initial appointment and organization of the Citizens’
Initiative Review Commission under section 3 of this 2011 Act shall be paid by
the Oregon Department of Administrative Services from moneys appropriated to
the department.
(2) When the Citizens’ Initiative
Review Commission determines that moneys in sufficient amount are available in
the Citizens’ Initiative Review Fund, the commission shall reimburse the Oregon
Department of Administrative Services, without interest, in an amount equal to
the amount paid by the department for expenses under subsection (1) of this
section.
SECTION 12. Notwithstanding any
other law limiting expenditures, the amount of $75,000 is established for the
biennium beginning July 1, 2011, as the maximum limit for payment from moneys
appropriated to the Oregon Department of Administrative Services for expenses
incurred in the initial appointment and organization of the Citizens’
Initiative Review Commission, as described in section 11 of this 2011 Act.
SECTION 13. Notwithstanding any
other law limiting expenditures, the amount of $1 is established for the
biennium beginning July 1, 2011, as the maximum limit for payment of expenses
from the Citizens’ Initiative Review Fund established under section 8 of this
2011 Act.
SECTION 14. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 16, 2011
Filed in the
office of Secretary of State June 16, 2011
Effective date
June 16, 2011
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