Oregon Constitution
Introduction
INTRODUCTORY TEXT
The Constitution is here published as it is in effect following the approval of amendments and revisions on November 5, 2024. At the 2024 general election, the people adopted a new section 34 to Article IV.
The text of the original signed copy of the Constitution filed in the office of the Secretary of State is retained unless it has been repealed or superseded by amendment or revision. Where the original text has been amended or revised or where a new provision has been added to the original Constitution, the source of the amendment, revision or addition is indicated in the source note immediately following the text of the amended, revised or new section. Notations also have been made setting out the history of repealed sections.
Unless otherwise specifically noted, the leadlines for the sections have been supplied by Legislative Counsel.
PREAMBLE
Article I
Bill of Rights
Art. I §1 | NATURAL RIGHTS INHERENT IN PEOPLE
Art. I §2 | FREEDOM OF WORSHIP
Art. I §3 | FREEDOM OF RELIGIOUS OPINION
Art. I §4 | NO RELIGIOUS QUALIFICATION FOR OFFICE
Art. I §5 | NO MONEY TO BE APPROPRIATED FOR RELIGION
Art. I §6 | NO RELIGIOUS TEST FOR WITNESSES OR JURORS
Art. I §7 | MANNER OF ADMINISTERING OATH OR AFFIRMATION
Art. I §8 | FREEDOM OF SPEECH AND PRESS
Art. I §9 | UNREASONABLE SEARCHES OR SEIZURES
Art. I §10 | ADMINISTRATION OF JUSTICE
Art. I §11 | RIGHTS OF ACCUSED IN CRIMINAL PROSECUTION
Notes
Art. I §12 | DOUBLE JEOPARDY; COMPULSORY SELF-INCRIMINATION
Art. I §13 | TREATMENT OF ARRESTED OR CONFINED PERSONS
Art. I §14 | BAILABLE OFFENSES
Art. I §15 | FOUNDATION PRINCIPLES OF CRIMINAL LAW
Art. I §16 | EXCESSIVE BAIL AND FINES; CRUEL AND UNUSUAL PUNISHMENTS; POWER OF JURY IN CRIMINAL CASE
Art. I §17 | JURY TRIAL IN CIVIL CASES
Art. I §18 | PRIVATE PROPERTY OR SERVICES TAKEN FOR PUBLIC USE
Art. I §19 | IMPRISONMENT FOR DEBT
Art. I §20 | EQUALITY OF PRIVILEGES AND IMMUNITIES OF CITIZENS
Art. I §21 | EX-POST FACTO LAWS; LAWS IMPAIRING CONTRACTS; LAWS DEPENDING ON AUTHORIZATION IN ORDER TO TAKE EFFECT; LAWS SUBMITTED TO ELECTORS
Art. I §22 | SUSPENSION OF OPERATION OF LAWS
Art. I §23 | HABEAS CORPUS
Art. I §24 | TREASON
Art. I §25 | CORRUPTION OF BLOOD OR FORFEITURE OF ESTATE
Art. I §26 | ASSEMBLAGES OF PEOPLE; INSTRUCTION OF REPRESENTATIVES; APPLICATION TO LEGISLATURE
Art. I §27 | RIGHT TO BEAR ARMS; MILITARY SUBORDINATE TO CIVIL POWER
Art. I §28 | QUARTERING SOLDIERS
Art. I §29 | TITLES OF NOBILITY; HEREDITARY DISTINCTIONS
Art. I §30 | EMIGRATION
Art. I §31 | RIGHTS OF ALIENS; IMMIGRATION TO STATE
Art. I §32 | TAXES AND DUTIES; UNIFORMITY OF TAXATION
Art. I §33 | ENUMERATION OF RIGHTS NOT EXCLUSIVE
Notes
Whereas the Constitution's prohibition on slavery and involuntary servitude contains antiquated language that on its face creates an exception to the prohibition on slavery and involuntary servitude; and
Whereas in a just society that respects human dignity and the exercise of free will, there must be no exception to an unqualified and absolute prohibition on slavery and involuntary servitude; and
Whereas Oregon and the United States are examining past instances of discrimination and are striving to undo foundational and historical barriers that perpetuate the injustice and unfairness of discrimination; and
Whereas a state constitution is a foundational element of governance in a civil society and therefore no place for remnants of historical language that perpetuates principles of discrimination and racial intolerance; and
Whereas the voters of this state recognized in adopting section 41, Article I, of the Oregon Constitution (section 41), that individuals who are convicted of a crime benefit from being fully engaged in productive activity so as to successfully re-enter society with practical skills and a viable work ethic; and
Whereas section 41 envisions persons who are incarcerated performing labor at correctional institutions or pursuant to work release programs, participating in training and participating in educational opportunities, all of which develop motivation, work capabilities and cooperation; and
Whereas section 41 authorizes compensation for labor and describes several types of jobs or related training that those who are incarcerated may perform; and
Whereas because work provides myriad individual and collective benefits, the purpose of this proposed constitutional amendment is not to withdraw legitimate opportunities to work from individuals who have been convicted of a crime; and
Whereas section 41 and this proposed constitutional amendment may operate in tandem to achieve positive outcomes for persons who are incarcerated or who re-enter society while more fully and completely removing the stain of slavery and involuntary servitude from this state; now, therefore,
Art. I §34 | PROHIBITION ON SLAVERY OR INVOLUNTARY SERVITUDE; PERMISSIBLE ALTERNATIVES TO INCARCERATION
(2) Upon conviction of a crime, an Oregon court or a probation or parole agency may order the convicted person to engage in education, counseling, treatment, community service or other alternatives to incarceration, as part of sentencing for the crime, in accordance with programs that have been in place historically or that may be developed in the future, to provide accountability, reformation, protection of society or rehabilitation.
Art. I §35 | RESTRICTIONS ON RIGHTS OF CERTAIN PERSONS
Art. I §36 | LIQUOR PROHIBITION
Art. I §36x | CAPITAL PUNISHMENT ABOLISHED
Notes
Art. I §36a | PROHIBITION OF IMPORTATION OF LIQUORS
Art. I §37 | PENALTY FOR MURDER IN FIRST DEGREE
Art. I §38 | LAWS ABROGATED BY AMENDMENT ABOLISHING DEATH PENALTY REVIVED
Art. I §39 | SALE OF LIQUOR BY INDIVIDUAL GLASS
(2) Legislation relating to this matter shall operate uniformly throughout the state and all individuals shall be treated equally; and all provisions shall be liberally construed for the accomplishment of these purposes.
Art. I §40 | PENALTY FOR AGGRAVATED MURDER
Art. I §41 | WORK AND TRAINING FOR CORRECTIONS INSTITUTION INMATES; WORK PROGRAMS; LIMITATIONS; DUTIES OF CORRECTIONS DIRECTOR
(2) All inmates of state corrections institutions shall be actively engaged full-time in work or on-the-job training. The work or on-the-job training programs shall be established and overseen by the corrections director, who shall ensure that such programs are cost-effective and are designed to develop inmate motivation, work capabilities and cooperation. Such programs may include boot camp prison programs. Education may be provided to inmates as part of work or on-the-job training so long as each inmate is engaged at least half-time in hands-on training or work activity.
(3) Each inmate shall begin full-time work or on-the-job training immediately upon admission to a corrections institution, allowing for a short time for administrative intake and processing. The specific quantity of hours per day to be spent in work or on-the-job training shall be determined by the corrections director, but the overall time spent in work or training shall be full-time. However, no inmate has a legally enforceable right to a job or to otherwise participate in work, on-the-job training or educational programs or to compensation for work or labor performed while an inmate of any state, county or city corrections facility or institution. The corrections director may reduce or exempt participation in work or training programs by those inmates deemed by corrections officials as physically or mentally disabled, or as too dangerous to society to engage in such programs.
(4) There shall be sufficient work and training programs to ensure that every eligible inmate is productively involved in one or more programs. Where an inmate is drug and alcohol addicted so as to prevent the inmate from effectively participating in work or training programs, corrections officials shall provide appropriate drug or alcohol treatment.
(5) The intent of the people is that taxpayer-supported institutions and programs shall be free to benefit from inmate work. Prison work programs shall be designed and carried out so as to achieve savings in government operations, so as to achieve a net profit in private sector activities or so as to benefit the community.
(6) The provisions of this section are mandatory for all state corrections institutions. The provisions of this section are permissive for county or city corrections facilities. No law, ordinance or charter shall prevent or restrict a county or city governing body from implementing all or part of the provisions of this section. Compensation, if any, shall be determined and established by the governing body of the county or city which chooses to engage in prison work programs, and the governing body may choose to adopt any power or exemption allowed in this section.
(7) The corrections director shall contact public and private enterprises in this state and seek proposals to use inmate work. The corrections director may:
(b) purchase, acquire, install, maintain and operate materials, machinery and appliances necessary to the conduct and operation of such plants.
(8) Compensation, if any, for inmates who engage in prison work programs shall be determined and established by the corrections director. Such compensation shall not be subject to existing public or private sector minimum or prevailing wage laws, except where required to comply with federal law. Inmate compensation from enterprises entering into agreements with the state shall be exempt from unemployment compensation taxes to the extent allowed under federal law. Inmate injury or disease attributable to any inmate work shall be covered by a corrections system inmate injury fund rather than the workers compensation law. Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by inmates or except as otherwise required by state law, any compensation earned through prison work programs shall only be used for the following purposes:
(b) restitution or compensation to the victims of the particular inmate's crime;
(c) restitution or compensation to the victims of crime generally through a fund designed for that purpose;
(d) financial support for immediate family of the inmate outside the corrections institution; and
(e) payment of fines, court costs, and applicable taxes.
(10) Prison work products or services shall be available to any public agency and to any private enterprise of any state, any nation or any American Indian or Alaskan Native tribe without restriction imposed by any state or local law, ordinance or regulation as to competition with other public or private sector enterprises. The products and services of corrections work programs shall be provided on such terms as are set by the corrections director. To the extent determined possible by the corrections director, the corrections director shall avoid establishing or expanding for-profit prison work programs that produce goods or services offered for sale in the private sector if the establishment or expansion would displace or significantly reduce preexisting private enterprise. To the extent determined possible by the corrections director, the corrections director shall avoid establishing or expanding prison work programs if the establishment or expansion would displace or significantly reduce government or nonprofit programs that employ persons with developmental disabilities. However, the decision to establish, maintain, expand, reduce or terminate any prison work program remains in the sole discretion of the corrections director.
(11) Inmate work shall be used as much as possible to help operate the corrections institutions themselves, to support other government operations and to support community charitable organizations. This work includes, but is not limited to, institutional food production; maintenance and repair of buildings, grounds, and equipment; office support services, including printing; prison clothing production and maintenance; prison medical services; training other inmates; agricultural and forestry work, especially in parks and public forest lands; and environmental clean-up projects. Every state agency shall cooperate with the corrections director in establishing inmate work programs.
(12) As used throughout this section, unless the context requires otherwise: "full-time" means the equivalent of at least forty hours per seven day week, specifically including time spent by inmates as required by the Department of Corrections, while the inmate is participating in work or on-the-job training, to provide for the safety and security of the public, correctional staff and inmates; "corrections director" means the person in charge of the state corrections system.
(13) This section is self-implementing and supersedes all existing inconsistent statutes. This section shall become effective April 1, 1995. If any part of this section or its application to any person or circumstance is held to be invalid for any reason, then the remaining parts or applications to any persons or circumstances shall not be affected but shall remain in full force and effect.
Notes
Note: An initiative petition (Measure No. 40, 1996) proposed adding a new section relating to crime victims' rights to the Oregon Constitution. That section, appearing as section 42 of Article I in previous editions of this Constitution, was declared void for not being enacted in compliance with section 1, Article XVII of this Constitution. See Armatta v. Kitzhaber, 327 Or. 250, 959 P.2d 49 (1998).
Art. I §42 | RIGHTS OF VICTIM IN CRIMINAL PROSECUTIONS AND JUVENILE COURT DELINQUENCY PROCEEDINGS
(b) The right, upon request, to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal and equivalent information regarding the alleged youth offender or youth offender;
(c) The right to refuse an interview, deposition or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant provided, however, that nothing in this paragraph shall restrict any other constitutional right of the defendant to discovery against the state;
(d) The right to receive prompt restitution from the convicted criminal who caused the victim's loss or injury;
(e) The right to have a copy of a transcript of any court proceeding in open court, if one is otherwise prepared;
(f) The right to be consulted, upon request, regarding plea negotiations involving any violent felony; and
(g) The right to be informed of these rights as soon as practicable.
(3)
(b) A victim may assert a claim for a right established in this section in a pending case, by a mandamus proceeding if no case is pending or as otherwise provided by law.
(c) The Legislative Assembly may provide by law for further effectuation of the provisions of this subsection, including authorization for expedited and interlocutory consideration of claims for relief and the establishment of reasonable limitations on the time allowed for bringing such claims.
(d) No claim for a right established in this section shall suspend a criminal or juvenile delinquency proceeding if such a suspension would violate a right of a criminal defendant guaranteed by this Constitution or the Constitution of the United States.
(5) Upon the filing by the prosecuting attorney of an affidavit setting forth cause, a court shall suspend the rights established in this section in any case involving organized crime or victims who are minors.
(6) As used in this section:
(b) "Criminal defendant" includes an alleged youth offender in juvenile court delinquency proceedings.
(c) "Victim" means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor.
(d) "Violent felony" means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense.
Notes
Note: Sections 42, 43, 44 and 45, were added to Article I as unnumbered sections by the amendments proposed by House Joint Resolutions 87, 89, 90 and 94, 1999, and adopted by the people Nov. 2, 1999.
Art. I §43 | RIGHTS OF VICTIM AND PUBLIC TO PROTECTION FROM ACCUSED PERSON DURING CRIMINAL PROCEEDINGS; DENIAL OF PRETRIAL RELEASE
(b) The right to have decisions by the court regarding the pretrial release of a criminal defendant based upon the principle of reasonable protection of the victim and the public, as well as the likelihood that the criminal defendant will appear for trial. Murder, aggravated murder and treason shall not be bailable when the proof is evident or the presumption strong that the person is guilty. Other violent felonies shall not be bailable when a court has determined there is probable cause to believe the criminal defendant committed the crime, and the court finds, by clear and convincing evidence, that there is danger of physical injury or sexual victimization to the victim or members of the public by the criminal defendant while on release.
(3) As used in this section:
(b) "Violent felony" means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense.
(b) Upon the victim's request, the prosecuting attorney, in the attorney's discretion, may assert and enforce a right established in this section.
(b) A victim may assert a claim for a right established in this section in a pending case, by a mandamus proceeding if no case is pending or as otherwise provided by law.
(c) The Legislative Assembly may provide by law for further effectuation of the provisions of this subsection, including authorization for expedited and interlocutory consideration of claims for relief and the establishment of reasonable limitations on the time allowed for bringing such claims.
(d) No claim for a right established in this section shall suspend a criminal or juvenile delinquency proceeding if such a suspension would violate a right of a criminal defendant or alleged youth offender guaranteed by this Constitution or the Constitution of the United States.
Notes
Art. I §44 | TERM OF IMPRISONMENT IMPOSED BY COURT TO BE FULLY SERVED; EXCEPTIONS
(B) Judicial authority to grant appellate or post-conviction relief.
(3) As used in this section, "victim" means any person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. In the event no person has been determined to be a victim of the crime, the people of Oregon, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.
Notes
Art. I §45 | PERSON CONVICTED OF CERTAIN CRIMES NOT ELIGIBLE TO SERVE AS JUROR ON GRAND JURY OR TRIAL JURY IN CRIMINAL CASE
(b) Of a misdemeanor involving violence or dishonesty or served a sentence for a misdemeanor involving violence or dishonesty within the five years immediately preceding the date the persons are required to report for jury duty.
Notes
Art. I §46 | PROHIBITION ON DENIAL OR ABRIDGMENT OF RIGHTS ON ACCOUNT OF SEX
(2) The Legislative Assembly shall have the power to enforce, by appropriate legislation, the provisions of this section.
(3) Nothing in this section shall diminish a right otherwise available to persons under section 20 of this Article or any other provision of this Constitution.
Notes
Whereas achieving the goal of living a healthy life is impossible without the ability to access health care; and
Whereas health care should be available to everyone; and
Whereas the lack of available health care is a barrier to opportunity, success and quality of life; and
Whereas Oregonians should not be divided between those who can afford to be healthy and those who cannot; and
Whereas Oregonians should not be divided between those who have hopes and dreams and those whose sickness, disease or injury robs them of their hopes and dreams; now, therefore,
Art. I §47 | RIGHT TO AFFORDABLE HEALTH CARE
(2) The obligation of the state described in subsection (1) of this section must be balanced against the public interest in funding public schools and other essential public services, and any remedy arising from an action brought against the state to enforce the provisions of this section may not interfere with the balance described in this subsection.
Article II
Suffrage and Elections
Art. II §1 | ELECTIONS FREE ALL ELECTIONS SHALL BE FREE AND EQUAL—
Art. II §2 | QUALIFICATIONS OF ELECTORS
(b) Has resided in this state during the six months immediately preceding the election, except that provision may be made by law to permit a person who has resided in this state less than 30 days immediately preceding the election, but who is otherwise qualified under this subsection, to vote in the election for candidates for nomination or election for President or Vice President of the United States or elector of President and Vice President of the United States; and
(c) Is registered not less than 20 calendar days immediately preceding any election in the manner provided by law.
Notes
Art. II §3 | RIGHTS OF CERTAIN ELECTORS
Art. II §4 | RESIDENCE
Art. II §5 | SOLDIERS, SEAMEN AND MARINES; RESIDENCE; RIGHT TO VOTE
Art. II §6 | RIGHT OF SUFFRAGE FOR CERTAIN PERSONS
Art. II §7 | BRIBERY AT ELECTIONS
Art. II §8 | REGULATION OF ELECTIONS; LIMITS ON CONTRIBUTIONS AND EXPENDITURES; REQUIRED DISCLOSURES
(2) The Legislative Assembly, the governing body of a city, county, municipality or district empowered by law or by this Constitution to enact legislation, or the people through the initiative process, may enact laws or ordinances within its jurisdiction that:
(b) Require the disclosure of contributions or expenditures made in connection with political campaigns or to influence the outcome of any election;
(c) Require that an advertisement made in connection with a political campaign or to influence the outcome of any election identify the persons or entities that paid for the advertisement; and
(d) Limit expenditures made in connection with political campaigns or to influence the outcome of any election to the extent permitted under the Constitution of the United States.
Art. II §9 | PENALTY FOR DUELING
Art. II §10 | LUCRATIVE OFFICES; HOLDING OTHER OFFICES FORBIDDEN
Art. II §11 | WHEN COLLECTOR OR HOLDER OF PUBLIC MONEYS INELIGIBLE TO OFFICE
Art. II §12 | TEMPORARY APPOINTMENTS TO OFFICE
Art. II §13 | PRIVILEGES OF ELECTORS
Art. II §14 | TIME OF HOLDING ELECTIONS AND ASSUMING DUTIES OF OFFICE
Art. II §14a | TIME OF HOLDING ELECTIONS IN INCORPORATED CITIES AND TOWNS
Art. II §15 | METHOD OF VOTING IN LEGISLATURE
Art. II §16 | ELECTION BY PLURALITY; PROPORTIONAL REPRESENTATION
Art. II §17 | PLACE OF VOTING
Art. II §18 | RECALL; MEANING OF WORDS THE LEGISLATIVE ASSEMBLY SHALL PROVIDE
(2) Fifteen per cent, but not more, of the number of electors who voted for Governor in the officer's electoral district at the most recent election at which a candidate for Governor was elected to a full term, may be required to file their petition demanding the officer's recall by the people.
(3) They shall set forth in the petition the reasons for the demand.
(4) If the public officer offers to resign, the resignation shall be accepted and take effect on the day it is offered, and the vacancy shall be filled as may be provided by law. If the public officer does not resign within five days after the petition is filed, a special election shall be ordered to be held within 35 days in the electoral district to determine whether the people will recall the officer.
(5) On the ballot at the election shall be printed in not more than 200 words the reasons for demanding the recall of the officer as set forth in the recall petition, and, in not more than 200 words, the officer's justification of the officer's course in office. The officer shall continue to perform the duties of office until the result of the special election is officially declared. If an officer is recalled from any public office the vacancy shall be filled immediately in the manner provided by law for filling a vacancy in that office arising from any other cause.
(6) The recall petition shall be filed with the officer with whom a petition for nomination to such office should be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated against any officer until the officer has actually held the office six months, save and except that it may be filed against a senator or representative in the legislative assembly at any time after five days from the beginning of the first session after the election of the senator or representative.
(7) After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which the officer was elected unless such further petitioners first pay into the public treasury which has paid such special election expenses, the whole amount of its expenses for the preceding special election.
(8) Such additional legislation as may aid the operation of this section shall be provided by the legislative assembly, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer. But the words, "the legislative assembly shall provide," or any similar or equivalent words in this constitution or any amendment thereto, shall not be construed to grant to the legislative assembly any exclusive power of lawmaking nor in any way to limit the initiative and referendum powers reserved by the people.
Notes
Note: An initiative petition (Measure No. 3, 1992) proposed adding new sections relating to term limits to the Oregon Constitution. Those sections, appearing as sections 19, 20 and 21 of Article II in previous editions of this Constitution, were declared void for not being enacted in compliance with section 1, Article XVII of this Constitution. See Lehman v. Bradbury, 333 Or. 231, 37 P.3d 989 (2002).
Art. II §22 | POLITICAL CAMPAIGN CONTRIBUTION LIMITATIONS
Section (2) Where more than ten percent (10%) of a candidate's total campaign funding is in violation of Section (1), and the candidate is subsequently elected, the elected official shall forfeit the office and shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought. Where more than ten percent (10%) of a candidate's total campaign funding is in violation of Section (1) and the candidate is not elected, the unelected candidate shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought.
Section (3) A qualified donor (an individual who is a resident within the electoral district of the office sought by the candidate) shall not contribute to a candidate's campaign any restricted contributions of Section (1) received from an unqualified donor for the purpose of contributing to a candidate's campaign for elected public office. An unqualified donor (an entity which is not an individual and who is not a resident of the electoral district of the office sought by the candidate) shall not give any restricted contributions of Section (1) to a qualified donor for the purpose of contributing to a candidate's campaign for elected public office.
Section (4) A violation of Section (3) shall be an unclassified felony.
Notes
Art. II §23 | APPROVAL BY MORE THAN MAJORITY REQUIRED FOR CERTAIN MEASURES SUBMITTED TO PEOPLE
(2) For the purposes of this section, "measure" includes all initiatives and all measures referred to the voters by the Legislative Assembly.
(3) The requirements of this section apply to all measures presented to the voters at the November 3, 1998 election and thereafter.
(4) The purpose of this section is to prevent greater-than-majority voting requirements from being imposed by only a majority of the voters.
Notes
Note: An initiative petition (Measure No. 62, 1998) proposed adding new sections and a subsection relating to political campaigns to the Oregon Constitution. Those sections, appearing as sections 24 to 32 of Article II and sections 1 (6), 1b and 1c of Article IV in previous editions of this Constitution, were declared void for not being enacted in compliance with section 1, Article XVII of this Constitution. See Swett v. Bradbury, 333 Or. 597, 43 P.3d 1094 (2002).
Art. II §24 | DEATH OF CANDIDATE PRIOR TO ELECTION
(2) The public office may be filled at a subsequent election; and
(3) Votes cast for candidates for the public office at the regularly scheduled election may not be considered.
Article III
Distribution of Powers
Art. III §1 | SEPARATION OF POWERS
Art. III §2 | BUDGETARY CONTROL OVER EXECUTIVE AND ADMINISTRATIVE OFFICERS AND AGENCIES
Notes
Art. III §3 | JOINT LEGISLATIVE COMMITTEE TO ALLOCATE EMERGENCY FUND APPROPRIATIONS AND TO AUTHORIZE EXPENDITURES BEYOND BUDGETARY LIMITS
(b) Where an emergency exists, to authorize any state agency to expend, from funds dedicated or continuously appropriated for the uses and purposes of the agency, sums in excess of the amount of the budget of the agency as approved in accordance with law.
(c) In the case of a new activity coming into existence at such a time as to preclude the possibility of submitting a budget to the Legislative Assembly for approval, to approve, or revise and approve, a budget of the money appropriated for such new activity.
(d) Where an emergency exists, to revise or amend the budgets of state agencies to the extent of authorizing transfers between expenditure classifications within the budget of an agency.
(3) As used in this section, "state agency" means any elected or appointed officer, board, commission, department, institution, branch or other agency of the state government.
(4) The term of members of the joint committee established pursuant to this section shall run from the adjournment of one odd-numbered year regular session to the organization of the next odd-numbered year regular session. No member of a committee shall cease to be such member solely by reason of the expiration of his term of office as a member of the Legislative Assembly.
Notes
Art. III §4 | SENATE CONFIRMATION OF EXECUTIVE APPOINTMENTS
(2) The appointee shall not be eligible to serve until confirmed in the manner required by law and if not confirmed in that manner, shall not be eligible to serve in the public office.
(3) In addition to appointive offices, the provisions of this section shall apply to any state elective office when the Governor is authorized by law or this Constitution to fill any vacancy therein, except the office of judge of any court, United States Senator or Representative and a district, county or precinct office.
Article IV
Legislative Branch
Art. IV §1 | LEGISLATIVE POWER; INITIATIVE AND REFERENDUM
(2)
(b) An initiative law may be proposed only by a petition signed by a number of qualified voters equal to six percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition.
(c) An initiative amendment to the Constitution may be proposed only by a petition signed by a number of qualified voters equal to eight percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition.
(d) An initiative petition shall include the full text of the proposed law or amendment to the Constitution. A proposed law or amendment to the Constitution shall embrace one subject only and matters properly connected therewith.
(e) An initiative petition shall be filed not less than four months before the election at which the proposed law or amendment to the Constitution is to be voted upon.
(b) A referendum on an Act or part thereof may be ordered by a petition signed by a number of qualified voters equal to four percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition. A referendum petition shall be filed not more than 90 days after the end of the session at which the Act is passed.
(c) A referendum on an Act may be ordered by the Legislative Assembly by law. Notwithstanding section 15b, Article V of this Constitution, bills ordering a referendum and bills on which a referendum is ordered are not subject to veto by the Governor.
(b) Initiative and referendum measures shall be submitted to the people as provided in this section and by law not inconsistent therewith.
(c) All elections on initiative and referendum measures shall be held at the regular general elections, unless otherwise ordered by the Legislative Assembly.
(d) Notwithstanding section 1, Article XVII of this Constitution, an initiative or referendum measure becomes effective 30 days after the day on which it is enacted or approved by a majority of the votes cast thereon. A referendum ordered by petition on a part of an Act does not delay the remainder of the Act from becoming effective.
Notes
Art. IV §1x | LEGISLATIVE AUTHORITY VESTED IN ASSEMBLY; INITIATIVE AND REFERENDUM; STYLE OF BILLS
Art. IV §1a | INITIATIVE AND REFERENDUM ON PARTS OF LAWS AND ON LOCAL, SPECIAL AND MUNICIPAL LAWS
Notes
Art. IV §1b | PAYMENT FOR SIGNATURES
Notes
Art. IV §1d | EFFECTIVE DATE OF AMENDMENT TO SECTION 1, ARTICLE IV, BY SJR 3, 1999
Art. IV §2 | NUMBER OF SENATORS AND REPRESENTATIVES
Art. IV §3 | HOW SENATORS AND REPRESENTATIVES CHOSEN; FILLING VACANCIES; QUALIFICATIONS
(2)
(b) Except as provided in paragraph (c) of this subsection, a person who is appointed to fill a vacancy in the office of senator or representative must be an inhabitant of the district the person is appointed to represent for at least one year next preceding the date of the appointment.
(c) For purposes of an appointment occurring during the period beginning on January 1 of the year a reapportionment becomes operative under section 6 of this Article, the person must have been an inhabitant of the district for one year next preceding the date of the appointment or from January 1 of the year the reapportionment becomes operative to the date of the appointment, whichever is less.
Art. IV §3a | APPLICABILITY OF QUALIFICATIONS FOR APPOINTMENT TO LEGISLATIVE VACANCY [SECTION 3A WAS DESIGNATED SECTION 1B, WHICH WAS CREATED BY SJR 14, 1995, AND ADOPTED BY THE PEOPLE MAY 16, 1995; REPEALED DEC 31, 1999, AS SPECIFIED IN TEXT OF SECTION ADOPTED BY THE PEOPLE MAY 16, 1995]
Art. IV §4 | TERM OF OFFICE OF LEGISLATORS; CLASSIFICATION OF SENATORS
(2) The Senators shall continue to be divided into two classes, in accordance with the division by lot provided for under the former provisions of this Constitution, so that one-half, as nearly as possible, of the number of Senators shall be elected biennially.
(3) Any Senator or Representative whose term, under the former provisions of this section, would have expired on the first Monday in January 1961, shall continue in office until the second Monday in January 1961.
Art. IV §5 | CENSUS
Art. IV §6 | APPORTIONMENT OF SENATORS AND REPRESENTATIVES
Art. IV §6x | APPORTIONMENT OF SENATORS AND REPRESENTATIVES; OPERATIVE DATE
(2) This subsection governs judicial review and correction of a reapportionment enacted by the Legislative Assembly.
(b) If the Supreme Court determines that the reapportionment thus reviewed complies with subsection (1) of this section and all law applicable thereto, it shall dismiss the petition by written opinion on or before September 1 of the same year and the reapportionment becomes operative as described in subsection (6) of this section.
(c) If the Supreme Court determines that the reapportionment does not comply with subsection (1) of this section and all law applicable thereto, the reapportionment shall be void. In its written opinion, the Supreme Court shall specify with particularity wherein the reapportionment fails to comply. The opinion shall further direct the Secretary of State to draft a reapportionment of the Senators and Representatives in accordance with the provisions of subsection (1) of this section and all law applicable thereto. The Supreme Court shall file its order with the Secretary of State on or before September 15. The Secretary of State shall conduct a hearing on the reapportionment at which the public may submit evidence, views and argument. The Secretary of State shall cause a transcription of the hearing to be prepared which, with the evidence, shall become part of the record. The Secretary of State shall file the corrected reapportionment with the Supreme Court on or before November 1 of the same year.
(d) On or before November 15, the Supreme Court shall review the corrected reapportionment to assure its compliance with subsection (1) of this section and all law applicable thereto and may further correct the reapportionment if the court considers correction to be necessary.
(e) The corrected reapportionment becomes operative as described in subsection (6) of this section.
(b) Original jurisdiction is vested in the Supreme Court upon the petition of any elector of the state filed with the Supreme Court on or before September 15 of the same year to review any reapportionment and the record made by the Secretary of State.
(c) If the Supreme Court determines that the reapportionment thus reviewed complies with subsection (1) of this section and all law applicable thereto, it shall dismiss the petition by written opinion on or before October 15 of the same year and the reapportionment becomes operative as described in subsection (6) of this section.
(d) If the Supreme Court determines that the reapportionment does not comply with subsection (1) of this section and all law applicable thereto, the reapportionment shall be void. The Supreme Court shall return the reapportionment by November 1 to the Secretary of State accompanied by a written opinion specifying with particularity wherein the reapportionment fails to comply. The opinion shall further direct the Secretary of State to correct the reapportionment in those particulars, and in no others, and file the corrected reapportionment with the Supreme Court on or before December 1 of the same year.
(e) On or before December 15, the Supreme Court shall review the corrected reapportionment to assure its compliance with subsection (1) of this section and all law applicable thereto and may further correct the reapportionment if the court considers correction to be necessary.
(f) The reapportionment becomes operative as described in subsection (6) of this section.
(5) Notwithstanding section 18, Article II of this Constitution, after the convening of the next odd-numbered year regular legislative session following the reapportionment, a Senator whose term continues through that legislative session is subject to recall by the electors of the district to which the Senator is assigned and not by the electors of the district existing before the latest reapportionment. The number of signatures required on the recall petition is 15 percent of the total votes cast for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term in the two representative districts comprising the senatorial district to which the Senator was assigned.
(6)
(b) For purposes of electing Senators and Representatives to the next term of office that commences after the applicable deadline for making a final reapportionment under this section, a reapportionment made under this section becomes operative on January 1 of the calendar year next following the applicable deadline for making a final reapportionment under this section.
Art. IV §7 | SENATORIAL DISTRICTS; SENATORIAL AND REPRESENTATIVE SUBDISTRICTS
Art. IV §8 | QUALIFICATION OF SENATORS AND REPRESENTATIVES; EFFECT OF FELONY CONVICTION
(B) Has not been for one year next preceding the election an inhabitant of the district from which the Senator or Representative may be chosen.
(3) A person may not be a Senator or Representative if the person has been convicted of a felony during:
(b) The period beginning on the date of the election at which the person was elected to the office of Senator or Representative and ending on the first day of the term of office to which the person was elected.
(5) Notwithstanding sections 11 and 15, Article IV of this Constitution:
(b) A person elected to the office of Senator or Representative and convicted of a felony during the period beginning on the date of the election and ending on the first day of the term of office to which the person was elected shall be ineligible to take office and the office shall become vacant on the first day of the next term of office.
(b) Be a candidate for the office of Senator or Representative prior to the expiration of the term of office during which the person is ineligible.
(b) Following the applicable deadline for making a final apportionment under section 6 of this Article, until the expiration of the term of office of the person, a person may be an inhabitant of any district.
Art. IV §8a | APPLICABILITY OF QUALIFICATION FOR LEGISLATIVE OFFICE
Art. IV §9 | LEGISLATORS FREE FROM ARREST AND NOT SUBJECT TO CIVIL PROCESS IN CERTAIN CASES; WORDS UTTERED IN DEBATE
Art. IV §10 | ANNUAL REGULAR SESSIONS OF THE LEGISLATIVE ASSEMBLY; ORGANIZATIONAL SESSION; EXTENSION OF REGULAR SESSIONS
(b) A session beginning in an even-numbered year may not exceed 35 calendar days in duration.
(3) A regular session, as described in subsection (1) of this section, may be extended for a period of five calendar days by the affirmative vote of two-thirds of the members of each house. A session may be extended more than once. An extension must begin on the first calendar day after the end of the immediately preceding session or extension except that if the first calendar day is a Sunday, the extension may begin on the next Monday.
Art. IV §10a | EMERGENCY SESSIONS OF THE LEGISLATIVE ASSEMBLY
Art. IV §11 | LEGISLATIVE OFFICERS; RULES OF PROCEEDINGS; ADJOURNMENTS
Art. IV §12 | QUORUM; FAILURE TO EFFECT ORGANIZATION
Art. IV §13 | JOURNAL; WHEN YEAS AND NAYS TO BE ENTERED
Art. IV §14 | DELIBERATIONS TO BE OPEN; RULES TO IMPLEMENT REQUIREMENT
Art. IV §15 | PUNISHMENT AND EXPULSION OF MEMBERS
Notes
Note: The measure submitted to the people by initiative petition (Measure No. 113, 2022) did not contain the original em dash following section 15, or indicate its deletion. The em dash has been omitted to reflect the text adopted by the people Nov. 8, 2022.
Art. IV §16 | PUNISHMENT OF NONMEMBERS
Art. IV §17 | GENERAL POWERS OF LEGISLATIVE ASSEMBLY
Art. IV §18 | WHERE BILLS TO ORIGINATE
Art. IV §19 | READING OF BILLS; VOTE ON FINAL PASSAGE
Art. IV §20 | SUBJECT AND TITLE OF ACT
This section shall not be construed to prevent the inclusion in an amendatory Act, under a proper title, of matters otherwise germane to the same general subject, although the title or titles of the original Act or Acts may not have been sufficiently broad to have permitted such matter to have been so included in such original Act or Acts, or any of them.
Art. IV §21 | ACTS TO BE PLAINLY WORDED
Art. IV §22 | MODE OF REVISION AND AMENDMENT
Art. IV §23 | CERTAIN LOCAL AND SPECIAL LAWS PROHIBITED
For the punishment of Crimes, and Misdemeanors;
Regulating the practice in Courts of Justice;
Providing for changing the venue in civil, and Criminal cases;
Granting divorces;
Changing the names of persons;
For laying, opening, and working on highways, and for the election, or appointment of supervisors;
Vacating roads, Town plats, Streets, Alleys, and Public squares;
Summoning and empanneling [sic] grand, and petit jurors;
For the assessment and collection of Taxes, for State, County, Township, or road purposes;
Providing for supporting Common schools, and for the preservation of school funds;
In relation to interest on money;
Providing for opening, and conducting the elections of State, County, and Township officers, and designating the places of voting;
Providing for the sale of real estate, belonging to minors, or other persons laboring under legal disabilities, by executors, administrators, guardians, or trustees.
Art. IV §24 | SUIT AGAINST STATE
Art. IV §25 | MAJORITY NECESSARY TO PASS BILLS AND RESOLUTIONS; SPECIAL REQUIREMENTS FOR BILLS RAISING REVENUE; SIGNATURES OF PRESIDING OFFICERS REQUIRED
(2) Three-fifths of all members elected to each House shall be necessary to pass bills for raising revenue.
(3) All bills, and Joint resolutions passed, shall be signed by the presiding officers of the respective houses.
Art. IV §26 | PROTEST BY MEMBER
Art. IV §27 | ALL STATUTES PUBLIC LAWS; EXCEPTIONS
Art. IV §28 | WHEN ACT TAKES EFFECT
Art. IV §29 | COMPENSATION OF MEMBERS
Art. IV §30 | MEMBERS NOT ELIGIBLE TO OTHER OFFICES
Art. IV §31 | OATH OF MEMBERS
Art. IV §32 | INCOME TAX DEFINED BY FEDERAL LAW; REVIEW OF TAX LAWS REQUIRED
Art. IV §33 | REDUCTION OF CRIMINAL SENTENCES APPROVED BY INITIATIVE OR REFERENDUM PROCESS
Art. IV §34 | IMPEACHMENT OF STATEWIDE ELECTED OFFICIALS
(2) The Senate shall have the power to try any impeachment received from the House of Representatives. When sitting for the purpose of trying an impeachment, the Chief Justice of the Supreme Court shall preside and Senators shall swear or affirm to do justice according to law and evidence. A person may not be convicted under this section without the concurrence of at least two-thirds of all Senators.
(3) Judgment shall extend only to removal from office and disqualification from holding any other public office in this state. Any person convicted or acquitted under this section remains subject to any criminal prosecution or civil liability according to law.
(4) Section 10a of this Article may be invoked for the purpose of exercising the power of impeachment under this section.
Article V
Executive Branch
Art. V §1 | GOVERNOR AS CHIEF EXECUTIVE; TERM OF OFFICE; PERIOD OF ELIGIBILITY
Art. V §2 | QUALIFICATIONS OF GOVERNOR
Art. V §3 | WHO NOT ELIGIBLE
Art. V §4 | ELECTION OF GOVERNOR
Art. V §5 | GREATEST NUMBER OF VOTES DECISIVE; ELECTION BY LEGISLATURE IN CASE OF TIE
Art. V §6 | CONTESTED ELECTIONS
Art. V §7 | TERM OF OFFICE
Art. V §8 | VACANCY IN OFFICE OF GOVERNOR
Art. V §8a | VACANCY IN OFFICE OF GOVERNOR
Art. V §9 | GOVERNOR AS COMMANDER IN CHIEF OF STATE MILITARY FORCES
Art. V §10 | GOVERNOR TO SEE LAWS EXECUTED
Art. V §11 | RECOMMENDATIONS TO LEGISLATURE
Art. V §12 | GOVERNOR MAY CONVENE LEGISLATURE
Art. V §13 | TRANSACTION OF GOVERNMENTAL BUSINESS
Art. V §14 | REPRIEVES, COMMUTATIONS AND PARDONS; REMISSION OF FINES AND FORFEITURES
He shall have power to remit fines, and forfeitures, under such regulations as may be prescribed by law; and shall report to the Legislative Assembly at its next meeting each case of reprieve, commutation, or pardon granted, and the reasons for granting the same; and also the names of all persons in whose favor remission of fines, and forfeitures shall have been made, and the several amounts remitted[.]
Art. V §15 | [REDESIGNATED]
Art. V §15a | SINGLE ITEM AND EMERGENCY CLAUSE VETO
Art. V §15b | LEGISLATIVE ENACTMENTS; APPROVAL BY GOVERNOR; NOTICE OF INTENTION TO DISAPPROVE; DISAPPROVAL AND RECONSIDERATION BY LEGISLATURE; FAILURE OF GOVERNOR TO RETURN BILL
(2) If, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journal of each house respectively.
(3) If any bill shall not be returned by the Governor within five days (Saturdays and Sundays excepted) after it shall have been presented to the Governor, it shall be a law without signature, unless the general adjournment shall prevent its return, in which case it shall be a law, unless the Governor within thirty days next after the adjournment (Saturdays and Sundays excepted) shall file such bill, with written objections thereto, in the office of the Secretary of State, who shall lay the same before the Legislative Assembly at its next session in like manner as if it had been returned by the Governor.
(4) Before filing a bill after adjournment with written objections, the Governor must announce publicly the possible intention to do so at least five days before filing the bill with written objections. However, nothing in this subsection requires the Governor to file any bill with objections because of the announcement.
Notes
Art. V §16 | GOVERNOR TO FILL VACANCIES BY APPOINTMENT
Notes
Art. V §17 | GOVERNOR TO ISSUE WRITS OF ELECTION TO FILL VACANCIES IN LEGISLATURE
Art. V §18 | COMMISSIONS
Article VI
Administrative Department
Art. VI §1 | ELECTION OF SECRETARY AND TREASURER OF STATE; TERMS OF OFFICE; PERIOD OF ELIGIBILITY
Art. VI §2 | DUTIES OF SECRETARY OF STATE
Art. VI §3 | SEAL OF STATE
Art. VI §4 | POWERS AND DUTIES OF TREASURER
Art. VI §5 | OFFICES AND RECORDS OF EXECUTIVE OFFICERS
Art. VI §6 | COUNTY OFFICERS
Notes
Art. VI §7 | OTHER OFFICERS
Art. VI §8 | COUNTY OFFICERS' QUALIFICATIONS; LOCATION OF OFFICES OF COUNTY AND CITY OFFICERS; DUTIES OF SUCH OFFICERS
Art. VI §9 | VACANCIES IN COUNTY, TOWNSHIP, PRECINCT AND CITY OFFICES
Art. VI §9a | COUNTY MANAGER FORM OF GOVERNMENT
Art. VI §10 | COUNTY HOME RULE UNDER COUNTY CHARTER
Article VII
(Amended) Judicial Branch
Art. VII §1 | COURTS; ELECTION OF JUDGES; TERM OF OFFICE; COMPENSATION
Art. VII §1a | RETIREMENT OF JUDGES; RECALL TO TEMPORARY ACTIVE SERVICE
(2) Provide for recalling retired judges to temporary active service on the court from which they are retired; and
(3) Authorize or require the retirement of judges for physical or mental disability or any other cause rendering judges incapable of performing their judicial duties.
Art. VII §2 | AMENDMENT’S EFFECT ON COURTS, JURISDICTION AND JUDICIAL SYSTEM; SUPREME COURT’S ORIGINAL JURISDICTION
Art. VII §2a | TEMPORARY APPOINTMENT AND ASSIGNMENT OF JUDGES THE LEGISLATIVE ASSEMBLY OR THE PEOPLE MAY BY LAW EMPOWER THE SUPREME COURT TO:
(2) Appoint members of the bar as judges pro tempore of courts inferior to the Supreme Court.
(3) Assign judges of courts inferior to the Supreme Court to serve temporarily outside the district for which they were elected.
Art. VII §2b | INFERIOR COURTS MAY BE AFFECTED IN CERTAIN RESPECTS BY SPECIAL OR LOCAL LAWS
(2) To designated classes of judicial districts or other subdivisions; or
(3) To particular judicial districts or other subdivisions.
Art. VII §3 | JURY TRIAL; RE-EXAMINATION OF ISSUES BY APPELLATE COURT; RECORD ON APPEAL TO SUPREME COURT; AFFIRMANCE NOTWITHSTANDING ERROR; DETERMINATION OF CASE BY SUPREME COURT
Art. VII §4 | SUPREME COURT; TERMS; STATEMENTS OF DECISIONS OF COURT
Art. VII §5 | JURIES; INDICTMENT; INFORMATION
Art. VII §5 | JURIES; INDICTMENT; INFORMATION; VERDICT IN CIVIL CASES
(b) Drawing and summoning grand jurors from the regular jury list at any time, separate from the panel of petit jurors;
(c) Empaneling more than one grand jury in a county; and
(d) The sitting of a grand jury during vacation as well as session of the court.
(3) Except as provided in subsections (4) and (5) of this section, a person shall be charged in a circuit court with the commission of any crime punishable as a felony only on indictment by a grand jury.
(4) The district attorney may charge a person on an information filed in circuit court of a crime punishable as a felony if the person appears before the judge of the circuit court and knowingly waives indictment.
(5) The district attorney may charge a person on an information filed in circuit court if, after a preliminary hearing before a magistrate, the person has been held to answer upon a showing of probable cause that a crime punishable as a felony has been committed and that the person has committed it, or if the person knowingly waives preliminary hearing.
(6) An information shall be substantially in the form provided by law for an indictment. The district attorney may file an amended indictment or information whenever, by ruling of the court, an indictment or information is held to be defective in form.
(7) In civil cases three-fourths of the jury may render a verdict.
Art. VII §6 | INCOMPETENCY OR MALFEASANCE OF PUBLIC OFFICER
Art. VII §7 | OATH OF OFFICE OF JUDGES OF SUPREME COURT
"I, ____________, do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the supreme court of this state, according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been elected."
Art. VII §8 | REMOVAL, SUSPENSION OR CENSURE OF JUDGES
(b) Wilful misconduct in a judicial office where such misconduct bears a demonstrable relationship to the effective performance of judicial duties; or
(c) Wilful or persistent failure to perform judicial duties; or
(d) Generally incompetent performance of judicial duties; or
(e) Wilful violation of any rule of judicial conduct as shall be established by the Supreme Court; or
(f) Habitual drunkenness or illegal use of narcotic or dangerous drugs.
Art. VII §9 | JURIES OF LESS THAN 12 JURORS
Article VII-A
(Original) The Judicial Branch
Art. VII-A §0 | NOTE ON THE ORIGINAL ARTICLE VII
Notes
Art. VII-A §1 | COURTS IN WHICH JUDICIAL POWER VESTED
Art. VII-A §2 | SUPREME COURT
Art. VII-A §3 | TERMS OF OFFICE OF JUDGES
Art. VII-A §4 | VACANCY
Art. VII-A §5 | CHIEF JUSTICE
Art. VII-A §6 | JURISDICTION
Art. VII-A §7 | TERM OF SUPREME COURT; STATEMENTS OF DECISIONS OF COURT
Notes
Art. VII-A §8 | CIRCUIT COURT
Art. VII-A §9 | JURISDICTION OF CIRCUIT COURTS
Art. VII-A §10 | SUPREME AND CIRCUIT JUDGES; ELECTION IN CLASSES
Art. VII-A §11 | COUNTY JUDGES AND TERMS OF COUNTY COURTS
Art. VII-A §12 | JURISDICTION OF COUNTY COURTS; COUNTY COMMISSIONERS
Art. VII-A §13 | WRITS GRANTED BY COUNTY JUDGE; HABEAS CORPUS PROCEEDINGS
Art. VII-A §14 | EXPENSES OF COURT IN CERTAIN COUNTIES
Art. VII-A §15 | COUNTY CLERK; RECORDER
Art. VII-A §16 | SHERIFF
Art. VII-A §17 | PROSECUTING ATTORNEYS
Art. VII-A §18 | VERDICT BY THREE-FOURTHS JURY IN CIVIL CASES; JURORS; GRAND JURORS; INDICTMENT MAY BE AMENDED, WHEN
Art. VII-A §19 | OFFICIAL DELINQUENCIES
Notes
Art. VII-A §20 | REMOVAL OF JUDGES OF SUPREME COURT AND PROSECUTING ATTORNEYS FROM OFFICE
Art. VII-A §21 | OATH OF OFFICE OF SUPREME COURT JUDGES
I ____________ do solemnly swear (or affirm) that I will support the Constitution of the United States, and the constitution of the State of Oregon, and that I will faithfully, and impartially discharge the duties of a Judge of the Supreme, and Circuits [sic] Courts of said State according to the best of my ability, and that I will not accept any other office, except Judicial offices during the term for which I have been elected.
Article VIII
Education and School Lands
Art. VIII §1 | SUPERINTENDENT OF PUBLIC INSTRUCTION
Art. VIII §2 | COMMON SCHOOL FUND
(b) All the moneys and clear proceeds of all property which may accrue to the state by escheat.
(c) The proceeds of all gifts, devises and bequests, made by any person to the state for common school purposes.
(d) The proceeds of all property granted to the state, when the purposes of such grant shall not be stated.
(e) The proceeds of the five hundred thousand acres of land to which this state is entitled under the Act of September 4, 1841 (5 Stat. 455).
(f) The five percent of the net proceeds of the sales of public lands to which this state became entitled on her admission into the union.
(g) After providing for the cost of administration and any refunds or credits authorized by law, the proceeds from any tax or excise levied on, with respect to or measured by the extraction, production, storage, use, sale, distribution or receipt of oil or natural gas and the proceeds from any tax or excise levied on the ownership of oil or natural gas. However, the rate of such taxes shall not be greater than six percent of the market value of all oil and natural gas produced or salvaged from the earth or waters of this state as and when owned or produced. This paragraph does not include proceeds from any tax or excise as described in section 3, Article IX of this Constitution.
Art. VIII §3 | SYSTEM OF COMMON SCHOOLS
Art. VIII §4 | DISTRIBUTION OF SCHOOL FUND INCOME
Art. VIII §5 | STATE LAND BOARD; LAND MANAGEMENT
(2) The board shall manage lands under its jurisdiction with the object of obtaining the greatest benefit for the people of this state, consistent with the conservation of this resource under sound techniques of land management.
Art. VIII §6 | QUALIFICATIONS OF ELECTORS AT SCHOOL ELECTIONS
Notes
Art. VIII §7 | PROHIBITION OF SALE OF STATE TIMBER UNLESS TIMBER PROCESSED IN OREGON
(2) Notwithstanding any prior agreements or other provisions of law or this Constitution, the Legislative Assembly shall not authorize the sale or export of timber from state lands other than those described in section 2 of this Article unless such timber will be processed in Oregon. The limitation on sale or export in this subsection shall not apply to species, grades or quantities of timber which may be found by the State Forester to be surplus to domestic needs.
(3) This section first becomes operative when federal law is enacted allowing this state to exercise such authority or when a court or the Attorney General of this state determines that such authority lawfully may be exercised.
Art. VIII §8 | ADEQUATE AND EQUITABLE FUNDING
(2) Consistent with such legal obligation as it may have to maintain substantial equity in state funding, the Legislative Assembly shall establish a system of Equalization Grants to eligible districts for each year in which the voters of such districts approve local option taxes as described in Article XI, section 11 (4)(a)(B) of this Constitution. The amount of such Grants and eligibility criteria shall be determined by the Legislative Assembly.
Notes
Note: The leadline to section 8 was a part of the measure submitted to the people by Measure No. 1, 2000.
Article IX
Finance
Art. IX §1 | ASSESSMENT AND TAXATION; UNIFORM RULES; UNIFORMITY OF OPERATION OF LAWS
Art. IX §1a | POLL OR HEAD TAX; DECLARATION OF EMERGENCY IN TAX LAWS
Art. IX §1b | SHIPS EXEMPT FROM TAXATION UNTIL 1935
Art. IX §1c | FINANCING REDEVELOPMENT AND URBAN RENEWAL PROJECTS
Art. IX §2 | LEGISLATURE TO PROVIDE REVENUE TO PAY CURRENT STATE EXPENSES AND INTEREST
Art. IX §3{x} | LAWS IMPOSING TAXES; GASOLINE AND MOTOR VEHICLE TAXES
Art. IX §3 | TAX IMPOSED ONLY BY LAW; STATEMENT OF PURPOSE
Art. IX §3a | USE OF REVENUE FROM TAXES ON MOTOR VEHICLE USE AND FUEL; LEGISLATIVE REVIEW OF ALLOCATION OF TAXES BETWEEN VEHICLE CLASSES
(b) Any tax or excise levied on the ownership, operation or use of motor vehicles.
(b) May also be used for the retirement of bonds for which such revenues have been pledged.
(c) If from levies under paragraph (b) of subsection (1) of this section on campers, motor homes, travel trailers, snowmobiles, or like vehicles, may also be used for the acquisition, development, maintenance or care of parks or recreation areas.
(d) If from levies under paragraph (b) of subsection (1) of this section on vehicles used or held out for use for commercial purposes, may also be used for enforcement of commercial vehicle weight, size, load, conformation and equipment regulation.
Art. IX §3b | RATE OF LEVY ON OIL OR NATURAL GAS; EXCEPTION
Notes
Art. IX §4 | APPROPRIATION NECESSARY FOR WITHDRAWAL FROM TREASURY
Art. IX §5 | PUBLICATION OF ACCOUNTS
Art. IX §6 | DEFICIENCY OF FUNDS; TAX LEVY TO PAY
Art. IX §7 | APPROPRIATION LAWS NOT TO CONTAIN PROVISIONS ON OTHER SUBJECTS
Art. IX §8 | STATIONERY FOR USE OF STATE
Art. IX §9 | TAXATION OF CERTAIN BENEFITS PROHIBITED
Art. IX §10 | RETIREMENT PLAN CONTRIBUTIONS BY GOVERNMENTAL EMPLOYEES
2. On and after January 1, 1995, the state and political subdivisions of the state shall not thereafter contract or otherwise agree to make any payment or contribution to a retirement system or plan that would have the effect of relieving an employee, regardless of when that employee was employed, of the obligation imposed by subsection (1) of this section.
3. On and after January 1, 1995, the state and political subdivisions of the state shall not thereafter contract or otherwise agree to increase any salary, benefit or other compensation payable to an employee for the purpose of offsetting or compensating an employee for the obligation imposed by subsection (1) of this section.
Art. IX §11 | RETIREMENT PLAN RATE OF RETURN CONTRACT GUARANTEE PROHIBITED
Art. IX §12 | RETIREMENT NOT TO BE INCREASED BY UNUSED SICK LEAVE
Art. IX §13 | RETIREMENT PLAN RESTRICTION SEVERABILITY
Art. IX §14 | REVENUE ESTIMATE; RETENTION OF EXCESS CORPORATE TAX REVENUE IN GENERAL FUND FOR PUBLIC EDUCATION FUNDING; RETURN OF OTHER EXCESS REVENUE TO TAXPAYERS; LEGISLATIVE INCREASE IN ESTIMATE
(2) As soon as is practicable after the end of the biennium, the Governor shall cause actual collections of revenues received by the General Fund for that biennium to be determined. The revenues received from corporate income and excise taxes shall be determined separately from the revenues received from other General Fund sources.
(3) If the revenues received by the General Fund from corporate income and excise taxes during the biennium exceed the amount estimated to be received from corporate income and excise taxes for the biennium, by two percent or more, the total amount of the excess shall be retained in the General Fund and used to provide additional funding for public education, kindergarten through twelfth grade.
(4) If the revenues received from General Fund revenue sources, exclusive of those described in subsection (3) of this section, during the biennium exceed the amount estimated to be received from such sources for the biennium, by two percent or more, the total amount of the excess shall be returned to personal income taxpayers.
(5) The Legislative Assembly may enact laws:
(b) Allowing the excess revenues to be reduced by administrative costs associated with returning the excess revenues.
(c) Permitting a taxpayer's share of the excess revenues not to be returned to the taxpayer if the taxpayer's share is less than a de minimis amount identified by the Legislative Assembly.
(d) Permitting a taxpayer's share of excess revenues to be offset by any liability of the taxpayer for which the state is authorized to undertake collection efforts.
(b) The prohibition against declaring an emergency in an act regulating taxation or exemption in section 1a, Article IX of this Constitution, does not apply to legislation enacted pursuant to this subsection.
(b) To revenues derived from any minimum tax imposed on corporations for the privilege of carrying on or doing business in this state that is imposed as a fixed amount and that is nonapportioned (except for changes of accounting periods).
(c) To biennia beginning before July 1, 2001.
Art. IX §15 | PROHIBITION ON TAX, FEE OR OTHER ASSESSMENT UPON TRANSFER OF INTEREST IN REAL PROPERTY; EXCEPTION
Notes
Article X
The Militia
Art. X §1 | STATE MILITIA
Art. X §2 | PERSONS EXEMPT
Art. X §3 | OFFICERS
Art. X §4 | STAFF OFFICERS; COMMISSIONS
Art. X §5 | LEGISLATURE TO MAKE REGULATIONS FOR MILITIA
>Art. X §6 | CONTINUITY OF GOVERNMENT IN EVENT OF ENEMY ATTACK
Article X-A
Catastrophic Disasters
Art. X-A §1 | DEFINITIONS; DECLARATION OF CATASTROPHIC DISASTER; CONVENING OF LEGISLATIVE ASSEMBLY
(b) Severely affects the population, infrastructure, environment, economy or government functioning of this state.
(b) Earthquake.
(c) Flood.
(d) Public health emergency.
(e) Tsunami.
(f) Volcanic eruption.
(g) War.
(4) At the time the Governor invokes the provisions of this Article under subsection (3) of this section, the Governor shall issue a proclamation convening the Legislative Assembly under section 12, Article V of this Constitution, unless:
(b) The Legislative Assembly is scheduled to convene in regular session within 30 days after the date the catastrophic disaster is declared.
Art. X-A §2 | ADDITIONAL POWERS OF GOVERNOR; USE OF GENERAL FUND MONEYS AND LOTTERY FUNDS
(b) Use lottery funds allocated to executive agencies for the current biennium to respond to the catastrophic disaster, regardless of the legislatively expressed purpose of the allocation at the time the allocation was made. The Governor may not reallocate lottery funds under this paragraph for purposes not authorized by section 4, Article XV of this Constitution.
Art. X-A §3 | PROCEDURAL REQUIREMENTS FOR LEGISLATIVE ASSEMBLY IF THE GOVERNOR DECLARES THAT A CATASTROPHIC DISASTER HAS OCCURRED:
(2) Notwithstanding section 12, Article IV of this Constitution, during any period of time when members of the Legislative Assembly are unable to compel the attendance of two-thirds of the members of each house because the catastrophic disaster has made it impossible to locate members or impossible for them to attend, two-thirds of the members of each house who are able to attend shall constitute a quorum to do business.
(3) In a session of the Legislative Assembly that is called because of the catastrophic disaster or that was imminent or ongoing at the time the catastrophic disaster was declared, the number of members of each house that constitutes a quorum under subsection (2) of this section may suspend the rule regarding reading of bills under the same circumstances and in the same manner that two-thirds of the members may suspend the rule under section 19, Article IV of this Constitution.
(4) Notwithstanding section 25, Article IV of this Constitution, during any period of time when members of the Legislative Assembly are unable to compel the attendance of two-thirds of the members of each house because the catastrophic disaster has made it impossible to locate members or impossible for them to attend, three-fifths of the members of each house who are able to attend a session described in subsection (3) of this section shall be necessary to pass every bill or joint resolution.
(5) Notwithstanding section 1a, Article IX of this Constitution, the Legislative Assembly may declare an emergency in any bill regulating taxation or exemption, including but not limited to any bill that decreases or suspends taxes or postpones the due date of taxes, if the Legislative Assembly determines that the enactment of the bill is necessary to provide an adequate response to the catastrophic disaster.
Art. X-A §4 | ADDITIONAL POWERS OF LEGISLATIVE ASSEMBLY
(b) The Legislative Assembly may, by a vote of the number of members of each house that constitutes a quorum under subsection (2) of section 3 of this Article, appropriate moneys that would otherwise be returned to taxpayers under section 14, Article IX of this Constitution, to state agencies for the purpose of responding to the catastrophic disaster.
(c) Notwithstanding section 7, Article XI of this Constitution, the Legislative Assembly may lend the credit of the state or create debts or liabilities in an amount the Legislative Assembly considers necessary to provide an adequate response to the catastrophic disaster.
(d) The provisions of section 15, Article XI of this Constitution, do not apply to any law that is approved by three-fifths of the members of each house who are able to attend a session described in subsection (3) of section 3 of this Article.
(e) The Legislative Assembly may take action described in subsection (6) of section 15, Article XI of this Constitution, upon approval by three-fifths of the members of each house who are able to attend a session described in subsection (3) of section 3 of this Article.
(f) Notwithstanding section 4, Article XV of this Constitution, the Legislative Assembly may allocate proceeds from the State Lottery for any purpose and in any ratio the Legislative Assembly determines necessary to provide an adequate response to the catastrophic disaster.
Art. X-A §5 | PARTICIPATION IN SESSION OF LEGISLATIVE ASSEMBLY BY ELECTRONIC OR OTHER MEANS
Art. X-A §6 | TERMINATION OF OPERATION OF THIS ARTICLE; EXTENSION BY LEGISLATIVE ASSEMBLY; TRANSITION PROVISIONS; LIMITATION ON POWER OF GOVERNOR TO INVOKE THIS ARTICLE
(2) Prior to expiration of the 30-day limit established in subsection (1) of this section, the Legislative Assembly may extend the operation of sections 1 to 5 of this Article beyond the 30-day limit upon the approval of three-fifths of the members of each house who are able to attend a session described in subsection (3) of section 3 of this Article.
(3) The determination by the Legislative Assembly required by subsection (1) of this section or an extension described in subsection (2) of this section shall take the form of a bill. A bill that extends the operation of sections 1 to 5 of this Article shall establish a date upon which the provisions of sections 1 to 5 of this Article shall cease to be operative. A bill described in this subsection shall be presented to the Governor for action in accordance with section 15b, Article V of this Constitution.
(4) A bill described in subsection (3) of this section may include any provisions the Legislative Assembly considers necessary to provide an orderly transition to compliance with the requirements of this Constitution that have been overridden under this Article because of the Governor's declaration of a catastrophic disaster.
(5) The Governor may not invoke the provisions of sections 1 to 5 of this Article more than one time with respect to the same catastrophic disaster. A determination under subsection (1) of this section or an extension described in subsection (2) of this section that establishes a date upon which the provisions of sections 1 to 5 of this Article shall cease to be operative does not prevent invoking the provisions of sections 1 to 5 of this Article in response to a new declaration by the Governor that a different catastrophic disaster has occurred.
Article XI
Corporations and Internal Improvements
Art. XI §1 | PROHIBITION OF STATE BANKS
Notes
Art. XI §2 | FORMATION OF CORPORATIONS; MUNICIPAL CHARTERS; INTOXICATING LIQUOR REGULATION
Art. XI §2a | MERGER OF ADJOINING MUNICIPALITIES; COUNTY-CITY CONSOLIDATION
(2) In all counties having a city therein containing over 300,000 inhabitants, the county and city government thereof may be consolidated in such manner as may be provided by law with one set of officers. The consolidated county and city may be incorporated under general laws providing for incorporation for municipal purposes. The provisions of this Constitution applicable to cities, and also those applicable to counties, so far as not inconsistent or prohibited to cities, shall be applicable to such consolidated government.
Art. XI §3 | LIABILITY OF STOCKHOLDERS
Art. XI §4 | COMPENSATION FOR PROPERTY TAKEN BY CORPORATION
Art. XI §5 | RESTRICTION OF MUNICIPAL POWERS IN ACTS OF INCORPORATION
Art. XI §6 | STATE NOT TO BE STOCKHOLDER IN COMPANY; EXCEPTIONS; INAPPLICABILITY TO PUBLIC UNIVERSITIES
(b) Are the proceeds from the disposition of stock that is donated or bequeathed for higher education purposes, including stock already received; or
(c) Are dividends paid with respect to stock that is donated or bequeathed for higher education purposes, including stock already received.
(b) Received prior to December 5, 2002, as a state asset invested in the creation or development of technology or resources within Oregon.
Notes
Art. XI §7 | CREDIT OF STATE NOT TO BE LOANED; LIMITATION UPON POWER OF CONTRACTING DEBTS
Notes
Art. XI §8 | STATE NOT TO ASSUME DEBTS OF COUNTIES, TOWNS OR OTHER CORPORATIONS
Art. XI §9 | LIMITATIONS ON POWERS OF COUNTY OR CITY TO ASSIST CORPORATIONS
(2) Notwithstanding subsection (1) of this section, any municipal corporation designated as a port under any general or special law of the state of Oregon may be empowered by statute to raise money and expend the same in the form of a bonus to aid in establishing water transportation lines between such port and any other domestic or foreign port or ports, and to aid in establishing water transportation lines on the interior rivers of this state, or on the rivers between Washington and Oregon, or on the rivers of Washington and Idaho reached by navigation from Oregon's rivers. Any debts of a municipality to raise money created for the aforesaid purpose shall be incurred only on approval of a majority of those voting on the question, and shall not, either singly or in the aggregate, with previous debts and liabilities incurred for that purpose, exceed one percent of the assessed valuation of all property in the municipality.
(3) The prohibitions and limitations set forth in subsection (1) of this section do not apply to the use by a county, city, town or other municipal corporation of bonded indebtedness that is payable from ad valorem taxes not subject to limitation under section 11 or 11b of this Article to finance capital costs of affordable housing, but only if:
(b) The measure authorizing the bonded indebtedness describes “affordable housing” for purposes of the measure;
(c) The jurisdiction authorizing the bonded indebtedness provides for annual audits of and public reporting on the expenditure of proceeds of the bonded indebtedness; and
(d) The principal amount of the jurisdiction's bonded indebtedness outstanding for such purpose does not exceed one-half of one percent of the real market value of all property in the jurisdiction.
Art. XI §10 | COUNTY DEBT LIMITATION
Art. XI §11 | PROPERTY TAX LIMITATIONS ON ASSESSED VALUE AND RATE OF TAX; EXCEPTIONS
(b) For tax years beginning after July 1, 1997, the property's maximum assessed value shall not increase by more than three percent from the previous tax year.
(c) Notwithstanding paragraph (a) or (b) of this subsection, property shall be valued at the ratio of average maximum assessed value to average real market value of property located in the area in which the property is located that is within the same property class, if on or after July 1, 1995:
(B) The property is partitioned or subdivided;
(C) The property is rezoned and used consistently with the rezoning;
(D) The property is first taken into account as omitted property;
(E) The property becomes disqualified from exemption, partial exemption or special assessment; or
(F) A lot line adjustment is made with respect to the property, except that the total assessed value of all property affected by a lot line adjustment shall not exceed the total maximum assessed value of the affected property under paragraph (a) or (b) of this subsection.
(e) The Legislative Assembly shall enact laws that establish property classes and areas sufficient to make a determination under paragraph (c) of this subsection.
(f) Each property's assessed value shall not exceed the property's real market value.
(g) There shall not be a reappraisal of the real market value used in the tax year beginning July 1, 1995, for purposes of determining the property's maximum assessed value under paragraph (a) of this subsection.
(3)
(B) The ad valorem property taxes to be reduced under subparagraph (A) of this paragraph are those taxes that would have been imposed under repealed sections 11 or 11a of this Article (1995 Edition) or section 11b of this Article, as modified by subsection (11) of this section, other than taxes described in subsection (4), (5), (6) or (7) of this section, taxes imposed to pay bonded indebtedness described in section 11b of this Article, as modified by paragraph (d) of subsection (11) of this section, or taxes described in section 1c, Article IX of this Constitution.
(C) It shall be the policy of this state to distribute the reductions caused by this paragraph so as to reflect:
(ii) Growth in new value under subparagraph (A), (B), (C), (D) or (E) of paragraph (c) of subsection (1) of this section, as added to the assessment and tax rolls for the tax year beginning July 1, 1996, or July 1, 1997 (or, if applicable, for the tax year beginning July 1, 1995); and
(iii) Ad valorem property taxes authorized by voters to be imposed in tax years beginning on or after July 1, 1996, and imposed according to that authority for the tax year beginning July 1, 1997.
(E) If the total value for the tax year beginning July 1, 1997, of additions of value described in subparagraph (A), (B), (C), (D) or (E) of paragraph (c) of subsection (1) of this section that are added to the assessment and tax rolls for the tax year beginning July 1, 1996, or July 1, 1997, exceeds four percent of the total assessed value of property statewide for the tax year beginning July 1, 1997 (before taking into account the additions of value described in subparagraph (A), (B), (C), (D) or (E) of paragraph (c) of subsection (1) of this section), then any ad valorem property taxes attributable to the excess above four percent shall reduce the dollar amount of the reduction described in subparagraph (A) of this paragraph.
(c)
(B) The voter participation requirements described in subsection (8) of this section apply to an election under this paragraph.
(e)
(B) Notwithstanding subparagraph (A) of this paragraph, the limit determined under this paragraph shall not be greater than the rate that would have produced the same amount of ad valorem property tax revenue in the year of division, had the division not occurred.
(g) Urban renewal levies described in this subsection shall be imposed as provided in subsections (15) and (16) of this section and may not be imposed under this subsection.
(h) Ad valorem property taxes described in this subsection shall be subject to the limitations described in section 11b of this Article, as modified by subsection (11) of this section.
(B) The Legislative Assembly may enact laws permitting a school district to impose a local option ad valorem property tax as otherwise provided under this subsection.
(c) The voter participation requirements described in subsection (8) of this section apply to an election held under this subsection.
(B) Principal and interest for any other formal, written borrowing of moneys executed before December 5, 1996, for which ad valorem property tax revenues have been pledged or explicitly committed, or that are secured by a covenant to levy or collect ad valorem property taxes;
(C) Principal and interest for any bond issued to refund an obligation described in subparagraph (A) or (B) of this paragraph; or
(D) Local government pension and disability plan obligations that commit ad valorem property taxes and to ad valorem property taxes imposed to fulfill those obligations.
(B) A levy described in this subsection shall be subject to the limitations imposed under section 11b of this Article, as modified by subsection (11) of this section.
(B) The rates of ad valorem property taxes described in this paragraph may be adjusted so that the maximum allowable rate is capable of raising the revenue that the levy would have been authorized to raise if applied to property valued at real market value.
(C) Notwithstanding subparagraph (B) of this paragraph, ad valorem property taxes described in this paragraph shall be taken into account for purposes of the limitations in section 11b of this Article, as modified by subsection (11) of this section.
(D) If any proposed amendment to a charter described in subparagraph (A) of this paragraph permits the ad valorem property tax levy for local government pension and disability plan obligations to be increased, the amendment must be approved by voters in an election. The voter participation requirements described in subsection (8) of this section apply to an election under this subparagraph. No amendment to any charter described in this paragraph may cause ad valorem property taxes to exceed the limitations of section 11b of this Article, as amended by subsection (11) of this section.
(e) If this subsection would apply to a levy described in paragraph (d) of this subsection, the local taxing district imposing the levy may elect out of the provisions of this subsection. The levy of a local taxing district making the election shall be included in the reduction and ad valorem property tax rate determination described in subsection (3) of this section.
(b) Ad valorem property taxes described in this subsection shall be subject to the limitations imposed under section 11b of this Article, as modified by subsection (11) of this section.
(b) Any serial or one-year levy to replace an existing serial or one-year levy approved by a majority of the voters voting on the question at an election held after December 4, 1996, and to be first imposed for the tax year beginning July 1, 1997, if the rate or the amount of the levy approved is not greater than the rate or the amount of the levy replaced.
(c) Any levy of ad valorem property taxes approved by a majority of voters voting on the question in an election held on or after December 5, 1996, and before the effective date of this section if the election met the voter participation requirements described in subsection (8) of this section and the ad valorem property taxes were first imposed for the tax year beginning July 1, 1997. A levy described in this paragraph shall be treated as a local option ad valorem property tax under subsection (4) of this section. This paragraph does not apply to levies described in subsection (5) of this section or to levies to pay bonded indebtedness described in section 11b of this Article, as modified by subsection (11) of this section.
(b) The election is a general election in an even-numbered year.
(B) "Ad valorem property tax" does not include taxes imposed to pay principal and interest on bonded indebtedness described in paragraph (d) of subsection (11) of this section.
(B) The Legislative Assembly shall enact laws to adjust the real market value of property to reflect a substantial casualty loss of value after the assessment date.
(c)
(B) If property taxes exceed the limitations imposed under either category of local taxing district under paragraph (b) of this subsection:
(ii) After local option ad valorem property taxes have been eliminated, all other ad valorem property taxes shall be proportionally reduced by those taxing districts within the category, until the limits are no longer exceeded.
(B) Bonded indebtedness issued on or before November 6, 1990; or
(C) Bonded indebtedness:
(ii)
(II) If approved by voters after December 5, 1996, the issuance of which has been approved by a majority of voters voting on the question in an election that is in compliance with the voter participation requirements in subsection (8) of this section.
(13) As used in subsection (11) of this section, with respect to bonded indebtedness issued on or after December 5, 1996, "capital construction" and "capital improvements":
(b) Do not include:
(B) Supplies and equipment that are not intrinsic to the structure.
(15) If ad valorem property taxes are divided as provided in section 1c, Article IX of this Constitution, in order to fund a redevelopment or urban renewal project, then notwithstanding subsection (1) of this section, the ad valorem property taxes levied against the increase shall be used exclusively to pay any indebtedness incurred for the redevelopment or urban renewal project.
(16) The Legislative Assembly shall enact laws that allow collection of ad valorem property taxes sufficient to pay, when due, indebtedness incurred to carry out urban renewal plans existing on December 5, 1996. These collections shall cease when the indebtedness is paid. Unless excepted from limitation under section 11b of this Article, as modified by subsection (11) of this section, nothing in this subsection shall be construed to remove ad valorem property taxes levied against the increase from the dollar limits in paragraph (b) of subsection (11) of this section.
(17)
(B) Any other permanent continuing levies that would have been imposed under repealed section 11 of this Article (1995 Edition), as reduced by subsection (3) of this section.
(19)
(b) This subsection shall not apply to new or additional fees, taxes, assessments or other charges for a government product or service that a person:
(B) Is reasonably able to obtain from a source other than government.
(B) Interest, dividends, royalties or other investment earnings;
(C) Fines, penalties and unitary assessments;
(D) Amounts charged to and paid by another unit of government for products, services or property; or
(E) Payments derived from a contract entered into by the local taxing district as a proprietary function of the local taxing district.
(e) An election under this subsection need not comply with the voter participation requirements described in subsection (8) of this section.
Notes
Art. XI §11{x} | TAX AND INDEBTEDNESS LIMITATION
Art. XI §11y | TAX BASE LIMITATION
Art. XI §11a | SCHOOL DISTRICT TAX LEVY
Art. XI §11b | PROPERTY TAX CATEGORIES; LIMITATION ON CATEGORIES; EXCEPTIONS
| Fiscal Year | School System | Other than Schools |
|---|---|---|
| 1991-1992 | $15.00 | $10.00 |
| 1992-1993 | $12.50 | $10.00 |
| 1993-1994 | $10.00 | $10.00 |
| 1994-1995 | $7.50 | $10.00 |
| 1995-1996 | $5.00 | $10.00 |
Property tax revenues are deemed to be dedicated to funding the public school system if the revenues are to be used exclusively for educational services, including support services, provided by some unit of government, at any level from pre-kindergarten through post-graduate training.
(2) The following definitions shall apply to this section:
(b) A "tax" is any charge imposed by a governmental unit upon property or upon a property owner as a direct consequence of ownership of that property except incurred charges and assessments for local improvements.
(c) "Incurred charges" include and are specifically limited to those charges by government which can be controlled or avoided by the property owner.
(ii) because the goods or services are provided only on the specific request of the property owner; or
(iii) because the goods or services are provided by the governmental unit only after the individual property owner has failed to meet routine obligations of ownership and such action is deemed necessary to enforce regulations pertaining to health or safety.
(ii) the costs of which are assessed against those properties in a single assessment upon the completion of the project, and
(iii) for which the payment of the assessment plus appropriate interest may be spread over a period of at least ten years.
(b) Taxes imposed to pay the principal and interest on bonded indebtedness incurred or to be incurred for capital construction or improvements, provided the bonds are offered as general obligations of the issuing governmental unit and provided further that either the bonds were issued not later than November 6, 1990, or the question of the issuance of the specific bonds has been approved by the electors of the issuing governmental unit.
(5) The Legislative Assembly shall replace from the State's general fund any revenue lost by the public school system because of the limitations of this section. The Legislative Assembly is authorized, however, to adopt laws which would limit the total of such replacement revenue plus the taxes imposed within the limitations of this section in any year to the corresponding total for the previous year plus 6 percent. This subsection applies only during fiscal years 1991-92 through 1995-96, inclusive.
Art. XI §11c | LIMITS IN ADDITION TO OTHER TAX LIMITS
Art. XI §11d | EFFECT OF SECTION 11B ON EXEMPTIONS AND ASSESSMENTS
Art. XI §11e | SEVERABILITY OF SECTIONS 11B, 11C AND 11D
Art. XI §11f | SCHOOL DISTRICT TAX LEVY FOLLOWING MERGER
Notes
Art. XI §11g | TAX INCREASE LIMITATION; EXCEPTIONS
Art. XI §11h | VOLUNTARY CONTRIBUTIONS FOR SUPPORT OF SCHOOLS OR OTHER PUBLIC ENTITIES
Art. XI §11i | LEGISLATION TO IMPLEMENT LIMITATION AND CONTRIBUTION PROVISIONS
Art. XI §11j | SEVERABILITY OF SECTIONS 11G, 11H AND 11I
Art. XI §11k | LIMITATION ON APPLICABILITY OF SECTION 11 (8) VOTING REQUIREMENTS TO ELECTIONS ON MEASURES HELD IN MAY OR NOVEMBER OF ANY YEAR
Art. XI §11l | LIMITATION ON APPLICABILITY OF SECTIONS 11 AND 11B ON BONDED INDEBTEDNESS TO FINANCE CAPITAL COSTS
(2) Bonded indebtedness described in subsection (1) of this section includes bonded indebtedness issued to refund bonded indebtedness described in subsection (1) of this section.
(3) Notwithstanding subsection (1) of this section, subsection (8) of section 11 of this Article, as limited by section 11k of this Article, applies to measures that authorize bonded indebtedness described in subsection (1) of this section.
(4) The weighted average life of bonded indebtedness incurred on or after January 1, 2011, to finance capital costs may not exceed the weighted average life of the capital costs that are financed with that indebtedness.
(5)
(b) "Capital costs" does not include costs of routine maintenance or supplies.
Art. XI §12 | PEOPLE’S UTILITY DISTRICTS
(b) To levy taxes upon the taxable property of such districts.
(c) To issue, sell and assume evidences of indebtedness.
(d) To enter into contracts.
(e) To exercise the power of eminent domain.
(f) To acquire and hold real and other property necessary or incident to the business of such districts.
(g) To acquire, develop, and/or otherwise provide for a supply of water, water power and electric energy.
The legislative assembly shall and the people may provide any legislation, that may be necessary, in addition to existing laws, to carry out the provisions of this section.
Art. XI §13 | INTERESTS OF EMPLOYES WHEN OPERATION OF TRANSPORTATION SYSTEM ASSUMED BY PUBLIC BODY
Art. XI §14 | METROPOLITAN SERVICE DISTRICT CHARTER
(2) A district charter shall prescribe the organization of the district government and shall provide directly, or by its authority, for the number, election or appointment, qualifications, tenure, compensation, powers and duties of such officers as the district considers necessary. Such officers shall among them exercise all the powers and perform all the duties, as granted to, imposed upon or distributed among district officers by the Constitution or laws of this state, by the district charter or by its authority.
(3) A district charter may provide for the exercise by ordinance of powers granted to the district by the Constitution or laws of this state.
(4) A metropolitan service district shall have jurisdiction over matters of metropolitan concern as set forth in the charter of the district.
(5) The initiative and referendum powers reserved to the people by this Constitution hereby are further reserved to the legal electors of a metropolitan service district relative to the adoption, amendment, revision or repeal of a district charter and district legislation enacted thereunder. Such powers shall be exercised in the manner provided for county measures under section 10, Article VI of this Constitution.
Art. XI §15 | FUNDING OF PROGRAMS IMPOSED UPON LOCAL GOVERNMENTS; EXCEPTIONS
(2) As used in this section:
(b) "Local government" means a city, county, municipal corporation or municipal utility operated by a board or commission.
(c) "Program" means a program or project imposed by enactment of the Legislative Assembly or by rule or order of a state agency under which a local government must provide administrative, financial, social, health or other specified services to persons, government agencies or to the public generally.
(d) "Usual and reasonable costs" means those costs incurred by the affected local governments for a specific program using generally accepted methods of service delivery and administrative practice.
(b) Requires the local government to spend for the program, in addition to the amount appropriated and allocated by the Legislative Assembly, an amount that exceeds one-hundredth of one percent of the annual budget adopted by the governing body of the local government for that fiscal year.
(5) In any legal proceeding or arbitration proceeding under this section, the local government shall bear the burden of proving by a preponderance of the evidence that moneys appropriated by the Legislative Assembly are not sufficient to reimburse the local government for the usual and reasonable costs of a program.
(6) Except upon approval by three-fifths of the membership of each house of the Legislative Assembly, the Legislative Assembly shall not enact, amend or repeal any law if the anticipated effect of the action is to reduce the amount of state revenues derived from a specific state tax and distributed to local governments as an aggregate during the distribution period for such revenues immediately preceding January 1, 1997.
(7) This section shall not apply to:
(b) Any costs resulting from a law creating or changing the definition of a crime or a law establishing sentences for conviction of a crime.
(c) An existing program as enacted by legislation prior to January 1, 1997, except for legislation withdrawing state funds for programs required prior to January 1, 1997, unless the program is made optional.
(d) A new program or an increased level of program services established pursuant to action of the Federal Government so long as the program or increased level of program services imposes costs on local governments that are no greater than the usual and reasonable costs to local governments resulting from compliance with the minimum program standards required under federal law or regulations.
(e) Any requirement imposed by the judicial branch of government.
(f) Legislation enacted or approved by electors in this state under the initiative and referendum powers reserved to the people under section 1, Article IV of this Constitution.
(g) Programs that are intended to inform citizens about the activities of local governments.
(9) Nothing in this section shall give rise to a claim by a private person against the State of Oregon based on the establishment of a new program or an increased level of service for an existing program without sufficient appropriation and allocation of funds to pay the ongoing, usual and reasonable costs of performing the mandated service or activity.
(10) Subsection (4) of this section does not apply to a local government when the local government is voluntarily providing a program four years after the effective date of the enactment, rule or order that imposed the program.
(11) In lieu of appropriating and allocating funds under this section, the Legislative Assembly may identify and direct the imposition of a fee or charge to be used by a local government to recover the actual cost of the program.
Art. XI §15a | SUBSEQUENT VOTE FOR REAFFIRMATION OF SECTION 15
Article XI-X
Original Article 11
Art. XI{X} §1 | NOTE ON THE ORIGINAL ARTICLE XI
Article XI-A
Farm and Home Loans to Veterans
Art. XI-A §1 | STATE EMPOWERED TO MAKE FARM AND HOME LOANS TO VETERANS; STANDARDS AND PRIORITIES FOR LOANS
(b) Training service officers appointed by the counties to give aid as provided by law to veterans and their dependents;
(c) Aiding the counties in connection with programs of service to veterans;
(d) The duties of the Director of Veterans' Affairs as conservator of the estates of beneficiaries of the United States Veterans' Administration; and
(e) The duties of the Director of Veterans' Affairs in providing services to veterans, their dependents and survivors.
Art. XI-A §2 | BONDS
Art. XI-A §3 | ELIGIBILITY TO RECEIVE LOANS NO PERSON SHALL RECEIVE MONEY FROM THE OREGON WAR VETERANS' FUND EXCEPT THE FOLLOWING:
(b) Is a veteran, as that term is defined by Oregon law;
(c) Served under honorable conditions on active duty in the Armed Forces of the United States; and
(d) Satisfies the requirements applicable to the funding source for the loan from the Oregon War Veterans' Fund.
(b) The surviving spouse of a person who was qualified to receive a loan under subsection (1) of this section but who died while on active duty in the Armed Forces of the United States even though the death occurred prior to completion of a minimum length of service or the person never resided in this state, provided the surviving spouse resides in this state at the time of application for the loan.
(c) The eligibility of a surviving spouse under this subsection shall terminate on the spouse's remarriage.
Art. XI-A §4 | TAX LEVY
Art. XI-A §5 | REPEAL OF CONFLICTING CONSTITUTIONAL PROVISIONS
Art. XI-A §6 | REFUNDING BONDS
Article XI-B
Farm and Home Loans to Veterans
Art. XI-B §1 | NOTE ON THE ORIGINAL ARTICLE XI-B
Article XI-C
Farm and Home Loans to Veterans
Art. XI-C §1 | NOTE ON THE ORIGINAL ARTICLE XI-C
Article XI-D
State Power Development
Art. XI-D §1 | STATE’S RIGHTS, TITLE AND INTEREST TO WATER AND WATER-POWER SITES TO BE HELD IN PERPETUITY
Art. XI-D §2 | STATE’S POWERS ENUMERATED THE STATE OF OREGON IS AUTHORIZED AND EMPOWERED:
2. To lease water and water power sites for the development of water power;
3. To control, use, transmit, distribute, sell and/or dispose of electric energy;
4. To develop, separately or in conjunction with the United States, or in conjunction with the political subdivisions of this state, any water power within the state, and to acquire, construct, maintain and/or operate hydroelectric power plants, transmission and distribution lines;
5. To develop, separately or in conjunction with the United States, with any state or states, or political subdivisions thereof, or with any political subdivision of this state, any water power in any interstate stream and to acquire, construct, maintain and/or operate hydroelectric power plants, transmission and distribution lines;
6. To contract with the United States, with any state or states, or political subdivisions thereof, or with any political subdivision of this state, for the purchase or acquisition of water, water power and/or electric energy for use, transmission, distribution, sale and/or disposal thereof;
7. To fix rates and charges for the use of water in the development of water power and for the sale and/or disposal of water power and/or electric energy;
8. To loan the credit of the state, and to incur indebtedness to an amount not exceeding one and one-half percent of the true cash value of all the property in the state taxed on an ad valorem basis, for the purpose of providing funds with which to carry out the provisions of this article, notwithstanding any limitations elsewhere contained in this constitution;
9. To do any and all things necessary or convenient to carry out the provisions of this article.
Art. XI-D §3 | LEGISLATION TO EFFECTUATE ARTICLE
Art. XI-D §4 | CONSTRUCTION OF ARTICLE
Article XI-E
State Reforestation
Art. XI-E §1 | STATE EMPOWERED TO LEND CREDIT FOR FOREST REHABILITATION AND REFORESTATION; BONDS; TAXATION
Article XI-F(1)
Higher Education Building Projects
Art. XI-F(1) §1 | STATE EMPOWERED TO LEND CREDIT FOR HIGHER EDUCATION BUILDING PROJECTS
Art. XI-F(1) §2 | LIMITATION ON AUTHORIZATION TO INCUR INDEBTEDNESS
Art. XI-F(1) §3 | SOURCES OF REVENUE
Art. XI-F(1) §4 | BONDS
Art. XI-F(1) §5 | LEGISLATION TO EFFECTUATE ARTICLE
Article XI-F(2)
Veterans" Bonus
Art. XI-F(2) §1 | STATE EMPOWERED TO LEND CREDIT TO PAY VETERANS' BONUS; ISSUANCE OF BONDS
Bonds of the State of Oregon, containing a direct promise on behalf of the state to pay the face value thereof with the interest thereon provided for may be issued to an amount authorized in Section 1 hereof for the purpose of creating said World War II Veterans' Compensation Fund. Refunding bonds may be issued and sold to refund any bonds issued under authority of Section 1 hereof. There may be issued and outstanding at any one time bonds aggregating the amount authorized by Section 1, but at no time shall the total of all bonds outstanding, including refunding bonds, exceed the amount so authorized. Said bonds shall be a direct obligation of the State and shall be in such form and shall run for such periods of time and bear such rates of interest as shall be provided by statute. No person shall be eligible to receive money from said fund except the veterans as defined in Section 3 of this act [sic]. The legislature shall and the people may provide any additional legislation that may be necessary, in addition to existing laws, to carry out the provisions of this section.
Art. XI-F(2) §2 | DEFINITIONS
2. "Foreign Service" means service in all other places, including sea duty.
3. "Husband" means the unremarried husband, and "wife" means the unremarried wife.
4. "Child or Children" means child or children of issue, child or children by adoption or child or children to whom the deceased person has stood in loco parentis for one year or more immediately preceding his death.
5. "Parent or Parents" means natural parent or parents; parent or parents by adoption; or, person or persons, including stepparent or stepparents, who have stood in loco parentis to the deceased person for a period of one year or more immediately prior to entrance into the armed service of the United States.
6. "Veterans" means any person who shall have served in active duty in the armed forces of the United States at any time between September 16, 1940, and June 30, 1946, both dates inclusive, and who, at the time of commencing such service, was and had been a bona fide resident of the State of Oregon for at least one year immediately preceding the commencement of such service, and who shall have been separated from such service under honorable conditions, or who is still in such service, or who has been retired.
Art. XI-F(2) §3 | AMOUNT OF BONUS
Art. XI-F(2) §4 | SURVIVORS OF CERTAIN DECEASED VETERANS ENTITLED TO MAXIMUM AMOUNT
Art. XI-F(2) §5 | CERTAIN PERSONS NOT ELIGIBLE
Art. XI-F(2) §6 | ORDER OF DISTRIBUTION AMONG SURVIVORS
2. If there be no husband or wife, to the child or children, equally; and
3. If there be no husband or wife or child or children, to the parent or parents, equally.
Art. XI-F(2) §7 | BONUS NOT SALEABLE OR ASSIGNABLE; BONUS FREE FROM CREDITORS' CLAIMS AND STATE TAXES
Art. XI-F(2) §8 | ADMINISTRATION OF ARTICLE; RULES AND REGULATIONS
Art. XI-F(2) §9 | APPLICATIONS
Art. XI-F2 §10 | FURNISHING FORMS; PRINTING, OFFICE SUPPLIES AND EQUIPMENT; EMPLOYES; PAYMENT OF EXPENSES
Article XI-G
Higher Education Institutions and Activities; Community Colleges
Art. XI-G §1 | STATE EMPOWERED TO LEND CREDIT FOR FINANCING HIGHER EDUCATION INSTITUTIONS AND ACTIVITIES, AND COMMUNITY COLLEGES
(2) Proceeds from any loan authorized or indebtedness incurred under this section shall be used to provide funds with which to acquire, construct, improve, repair, equip and furnish buildings, structures, land and other projects, or parts thereof, that the Legislative Assembly determines will benefit higher education institutions or activities or community colleges authorized by law to receive state aid.
(3) The amount of any indebtedness incurred under this section in any biennium shall be matched by an amount that is at least equal to the amount of the indebtedness. The matching amount must be used for the same or similar purposes as the proceeds of the indebtedness and may consist of moneys appropriated from the General Fund or any other moneys available to the constructing authority for such purposes. However, the matching amount may not consist of proceeds of indebtedness incurred by the state under any other Article of this Constitution. Any matching amount appropriated from the General Fund to meet the requirements of this subsection must be specifically designated therefor by the Legislative Assembly.
(4) Nothing in this section prevents the financing of projects, or parts thereof, by a combination of the moneys available under this section, under Article XI-F(1) of this Constitution, and from other lawful sources.
Art. XI-G §2 | BONDS
Art. XI-G §3 | SOURCES OF REVENUE
Article XI-H
Pollution Control
Art. XI-H §1 | STATE EMPOWERED TO LEND CREDIT FOR FINANCING POLLUTION CONTROL FACILITIES OR RELATED ACTIVITIES
(2) To provide funds for the acquisition, by purchase, loan or otherwise, of bonds, notes or other obligations of any municipal corporation, city, county or agency of the State of Oregon, or combinations thereof, issued or made for the purposes of subsection (1) of this section.
Art. XI-H §2 | ONLY FACILITIES 70 PERCENT SELF-SUPPORTING AND SELF-LIQUIDATING AUTHORIZED; EXCEPTIONS
Art. XI-H §3 | AUTHORITY OF PUBLIC BODIES TO RECEIVE FUNDS
Art. XI-H §4 | SOURCES OF REVENUE
Art. XI-H §5 | BONDS
Art. XI-H §6 | LEGISLATION TO EFFECTUATE ARTICLE
Article XI-I(1)
Water Development Projects
Art. XI-I(1) §1 | STATE EMPOWERED TO LEND CREDIT TO ESTABLISH WATER DEVELOPMENT FUND; ELIGIBILITY; USE
Art. XI-I(1) §2 | BONDS
Art. XI-I(1) §3 | REFUNDING BONDS
Art. XI-I(1) §4 | SOURCES OF REVENUE
Art. XI-I(1) §5 | LEGISLATION TO EFFECTUATE ARTICLE
Article XI-I(2)
Multifamily Housing for Elderly and Disabled
Art. XI-I(2) §1 | STATE EMPOWERED TO LEND CREDIT FOR MULTIFAMILY HOUSING FOR ELDERLY AND DISABLED PERSONS
Art. XI-I(2) §2 | SOURCES OF REVENUE
Art. XI-I(2) §3 | BONDS
Art. XI-I(2) §4 | LEGISLATION TO EFFECTUATE ARTICLE
Article XI-J
Small Scale Local Energy Loans
Art. XI-J §1 | STATE EMPOWERED TO LOAN CREDIT FOR SMALL SCALE LOCAL ENERGY LOANS; ELIGIBILITY; USE
Art. XI-J §2 | BONDS
Art. XI-J §3 | REFUNDING BONDS
Art. XI-J §4 | SOURCES OF REVENUE
Art. XI-J §5 | LEGISLATION TO EFFECTUATE ARTICLE
Article XI-K
Guarantee of Bonded Indebtedness of Education Districts
Art. XI-K §1 | STATE EMPOWERED TO GUARANTEE BONDED INDEBTEDNESS OF EDUCATION DISTRICTS
Art. XI-K §2 | STATE EMPOWERED TO LEND CREDIT FOR STATE GUARANTEE OF BONDED INDEBTEDNESS OF EDUCATION DISTRICTS
Art. XI-K §3 | REPAYMENT BY EDUCATION DISTRICTS
Art. XI-K §4 | SOURCES OF REVENUE
Art. XI-K §5 | BONDS
Art. XI-K §6 | LEGISLATION TO EFFECTUATE ARTICLE
Article XI-L
Oregon Health and Science University
Art. XI-L §1 | STATE EMPOWERED TO LEND CREDIT FOR FINANCING CAPITAL COSTS OF OREGON HEALTH AND SCIENCE UNIVERSITY; BONDS
(2) Any indebtedness incurred under this section shall be in the form of general obligation bonds of the State of Oregon containing a direct promise on behalf of the State of Oregon to pay the principal, premium, if any, and interest on such bonds, in an aggregate outstanding principal amount not to exceed the amount authorized in subsection (1) of this section. The bonds shall be the direct obligation of the State of Oregon and shall be in such form, run for such period of time, have such terms and bear such rates of interest as may be provided by statute. The full faith and credit and taxing power of the State of Oregon shall be pledged to the payment of the principal, premium, if any, and interest on such bonds provided, however, that the ad valorem taxing power of the State of Oregon may not be pledged to the payment of such bonds.
(3) The proceeds from bonds issued under this section shall be used to finance capital costs of Oregon Health and Science University and costs of issuing bonds pursuant to this Article. Bonds issued under this section to finance capital costs of Oregon Health and Science University shall be issued in an aggregate principal amount that produces net proceeds for the university in an amount that does not exceed $200 million.
(4) The proceeds from bonds issued under this section may not be used to finance operating costs of Oregon Health and Science University.
(5) As used in this Article, "bonds" means bonds, notes or other financial obligations of the State of Oregon issued under this section.
Art. XI-L §2 | SOURCES OF REPAYMENT
(2) Amounts allocated for such purpose by the Legislative Assembly from the proceeds of the State Lottery or from the Master Settlement Agreement entered into on November 23, 1998, by the State of Oregon and leading United States tobacco product manufacturers; and
(3) Amounts appropriated or allocated for such purpose by the Legislative Assembly from other sources of revenue.
Art. XI-L §3 | REFUNDING BONDS
Art. XI-L §4 | LEGISLATION TO EFFECTUATE ARTICLE
Art. XI-L §5 | RELATIONSHIP TO CONFLICTING PROVISIONS OF CONSTITUTION
Article XI-M
Seismic Rehabilitation of Public Education Buildings
Art. XI-M §0 | NOTE ON ARTICLE 11-M
Art. XI-M §1 | STATE EMPOWERED TO LEND CREDIT FOR SEISMIC REHABILITATION OF PUBLIC EDUCATION BUILDINGS; BONDS
(2) Any indebtedness incurred under this section must be in the form of general obligation bonds of the State of Oregon containing a direct promise on behalf of the State of Oregon to pay the principal, premium, if any, interest and other amounts payable with respect to the bonds, in an aggregate outstanding principal amount not to exceed the amount authorized in subsection (1) of this section. The bonds are the direct obligation of the State of Oregon and must be in a form, run for a period of time, have terms and bear rates of interest as may be provided by statute. The full faith and credit and taxing power of the State of Oregon must be pledged to the payment of the principal, premium, if any, and interest on the general obligation bonds; however, the ad valorem taxing power of the State of Oregon may not be pledged to the payment of the bonds issued under this section.
(3) As used in this section, "public education building" means a building owned by the State Board of Higher Education, a school district, an education service district, a community college district or a community college service district.
Art. XI-M §2 | SOURCES OF REPAYMENT
(2) Amounts allocated for the purpose by the Legislative Assembly from the proceeds of the State Lottery or from the Master Settlement Agreement entered into on November 23, 1998, by the State of Oregon and leading United States tobacco product manufacturers; and
(3) Amounts appropriated or allocated for the purpose by the Legislative Assembly from other sources of revenue.
Art. XI-M §3 | REFUNDING BONDS
Art. XI-M §4 | LEGISLATION TO EFFECTUATE ARTICLE
Art. XI-M §5 | RELATIONSHIP TO CONFLICTING PROVISIONS OF CONSTITUTION
Article XI-N
Seismic Rehabilitation of Emergency Services Buildings
Art. XI-N §0 | NOTE ON ARTICLE 11-N
Art. XI-N §1 | STATE EMPOWERED TO LEND CREDIT FOR SEISMIC REHABILITATION OF EMERGENCY SERVICES BUILDINGS; BONDS
(2) Any indebtedness incurred under this section must be in the form of general obligation bonds of the State of Oregon containing a direct promise on behalf of the State of Oregon to pay the principal, premium, if any, interest and other amounts payable with respect to the bonds, in an aggregate outstanding principal amount not to exceed the amount authorized in subsection (1) of this section. The bonds are the direct obligation of the State of Oregon and must be in a form, run for a period of time, have terms and bear rates of interest as may be provided by statute. The full faith and credit and taxing power of the State of Oregon must be pledged to the payment of the principal, premium, if any, and interest on the general obligation bonds; however, the ad valorem taxing power of the State of Oregon may not be pledged to the payment of the bonds issued under this section.
(3) As used in this section:
(b) "Emergency services building" means a public building used for fire protection services, a hospital building that contains an acute inpatient care facility, a police station, a sheriff's office or a similar facility used by a state, county, district or municipal law enforcement agency.
Art. XI-N §2 | SOURCES OF REPAYMENT
(2) Amounts allocated for the purpose by the Legislative Assembly from the proceeds of the State Lottery or from the Master Settlement Agreement entered into on November 23, 1998, by the State of Oregon and leading United States tobacco product manufacturers; and
(3) Amounts appropriated or allocated for the purpose by the Legislative Assembly from other sources of revenue.
Art. XI-N §3 | REFUNDING BONDS
Art. XI-N §4 | LEGISLATION TO EFFECTUATE ARTICLE
Art. XI-N §5 | RELATIONSHIP TO CONFLICTING PROVISIONS OF CONSTITUTION
Article XI-O
Pension Liabilities
Art. XI-O §1 | STATE EMPOWERED TO LEND CREDIT FOR PENSION LIABILITIES
(2) Indebtedness incurred under this section is a general obligation of the State of Oregon and must contain a direct promise on behalf of the State of Oregon to pay the principal, premium, if any, and interest on that indebtedness. The State of Oregon shall pledge its full faith and credit and taxing power to pay that indebtedness; however, the ad valorem taxing power of the State of Oregon may not be pledged to pay that indebtedness. The amount of indebtedness authorized by this section and outstanding at any time may not exceed one percent of the real market value of all property in the state.
Art. XI-O §2 | REFUNDING OBLIGATIONS
Art. XI-O §3 | LEGISLATION TO EFFECTUATE ARTICLE
Art. XI-O §4 | RELATIONSHIP TO CONFLICTING PROVISIONS OF CONSTITUTION
Article XI-P
School District Capital Costs
Art. XI-P §1 | STATE EMPOWERED TO LEND CREDIT FOR GRANTS OR LOANS TO SCHOOL DISTRICTS TO FINANCE CAPITAL COSTS; GENERAL OBLIGATION BOND PROCEEDS AS MATCHING FUNDS
(2) Indebtedness incurred under this section must be in the form of general obligation bonds of the State of Oregon containing a direct promise to pay the principal, interest and premium, if any, of the bonds in an aggregate outstanding principal amount not to exceed the amount authorized in subsection (1) of this section. The bonds are the direct obligation of the State of Oregon and must be in such form, run for such periods of time, have such terms and bear such rates of interest as may be provided by statute. The State of Oregon shall pledge its full faith and credit and taxing power to the payment of the principal, interest and premium, if any, of the bonds. However, the State of Oregon may not pledge its ad valorem taxing power to the payment of the bonds.
(3) The proceeds from bonds issued under this section may be used only to provide matching funds to finance the capital costs of school districts that have received voter approval for local general obligation bonds and to provide for the costs of issuing bonds and the payment of debt service.
(4) The proceeds from bonds issued under this section may not be used to finance the operating costs of school districts.
Art. XI-P §2 | SOURCES OF REPAYMENT
(2) Amounts appropriated or allocated for repayment by the Legislative Assembly from other sources of revenue; or
(3) Any other available moneys.
Art. XI-P §3 | REFUNDING BONDS
Art. XI-P §4 | SCHOOL CAPITAL MATCHING FUND
(2) The Legislative Assembly may by law appropriate, allocate or transfer moneys or revenue to the school capital matching fund.
(3) The Legislative Assembly may appropriate, allocate or transfer moneys in the school capital matching fund and earnings on moneys in the fund for the purposes of providing:
(b) Payment of debt service for general obligation bonds issued pursuant to this Article.
Art. XI-P §5 | CAPITAL COSTS DEFINED
Art. XI-P §6 | LEGISLATION TO EFFECTUATE ARTICLE
Art. XI-P §7 | RELATIONSHIP TO CONFLICTING PROVISION OF CONSTITUTION
Article XI-Q
Real or Personal Property Owned or Operated by State
Art. XI-Q §0 | NOTE ON ARTICLE 11-Q
Art. XI-Q §1 | STATE EMPOWERED TO LEND CREDIT FOR REAL OR PERSONAL PROPERTY TO BE OWNED OR OPERATED BY STATE; REFINANCING AUTHORITY
(b) Infrastructure related to the real or personal property; or
(c) Indebtedness incurred under this subsection.
(b) Borrowings issued before the effective date of this Article to finance or refinance costs described in subsection (1) of this section.
Notes
Art. XI-Q §2 | LIMIT ON INDEBTEDNESS; GENERAL OBLIGATION OF STATE
(2) Indebtedness incurred under section 1 of this Article is a general obligation of the State of Oregon and must contain a direct promise on behalf of the State of Oregon to pay the principal, premium, if any, and interest on the obligation. The full faith and credit and taxing power of the State of Oregon must be pledged to payment of the indebtedness. However, the State of Oregon may not pledge or levy an ad valorem tax to pay the indebtedness.
Art. XI-Q §3 | LEGISLATION TO EFFECTUATE ARTICLE
Art. XI-Q §4 | RELATIONSHIP TO CONFLICTING PROVISIONS OF CONSTITUTION
Article XII
State Printing
Art. XII §1 | STATE PRINTING; STATE PRINTER
Article XIII
Seat of Government
Art. XIII §1 | SALARIES OR OTHER COMPENSATION OF STATE OFFICERS
Article XIV
Seat of Government
Art. XIV §1 | SEAT OF GOVERNMENT
Art. XIV §1x | SEAT OF GOVERNMENT
Art. XIV §2 | ERECTION OF STATE HOUSE PRIOR TO 1865
Art. XIV §3 | LIMITATION ON REMOVAL OF SEAT OF GOVERNMENT; LOCATION OF STATE INSTITUTIONS
Art. XIV §4 | LOCATION AND USE OF STATE INSTITUTIONS
Article XV
Miscellaneous
Art. XV §1 | OFFICERS TO HOLD OFFICE UNTIL SUCCESSORS ELECTED; EXCEPTIONS; EFFECT ON DEFEATED INCUMBENT
(2) If an incumbent seeks reelection and is defeated, he shall hold office only until the end of his term; and if an election contest is pending in the courts regarding that office when the term of such an incumbent ends and a successor to the office has not been elected or if elected, has not qualified because of such election contest, the person appointed to fill the vacancy thus created shall serve only until the contest and any appeal is finally determined notwithstanding any other provision of this constitution.
Art. XV §2 | TENURE OF OFFICE; HOW FIXED; MAXIMUM TENURE
Art. XV §3 | OATHS OF OFFICE
Notes
The people of the State of Oregon find that renewing the current dedication in the Oregon Constitution of fifteen percent of lottery revenues to parks, water quality and fish and wildlife habitats will provide lasting social, economic, environmental and public health benefits.The people of the State of Oregon also find that renewal of the Parks and Natural Resources Fund will support voluntary efforts to:
(2) Maintain and expand public parks, natural areas and recreation areas to meet the diverse needs of a growing population and to provide opportunities for [sic] to experience nature and enjoy outdoor recreation activities close to home and in the many special places throughout Oregon;
(3) Provide jobs and economic opportunities improving the health of our forests, prairies, lakes, streams, wetlands, rivers, and parks, including efforts to halt the spread of invasive species;
(4) Strengthen the audit and reporting requirements, identify desired outcomes and specify allowable uses of the fund in order to provide more strategic, accountable and efficient uses of the Parks and Natural Resources Fund; and
(5) Enhance the ability of public land managers, private organizations, individuals and businesses to work together in local, regional and statewide partnerships to expand recreation opportunities, improve water quality and conserve fish and wildlife habitat.
Art. XV §4 | REGULATION OF LOTTERIES; STATE LOTTERY; USE OF NET PROCEEDS FROM STATE LOTTERY
(2) The Legislative Assembly may provide for the establishment, operation, and regulation of raffles and the lottery commonly known as bingo or lotto by charitable, fraternal, or religious organizations. As used in this section, charitable, fraternal or religious organization means such organizations or foundations as defined by law because of their charitable, fraternal, or religious purposes. The regulations shall define eligible organizations or foundations, and may prescribe the frequency of raffles, bingo or lotto, set a maximum monetary limit for prizes and require a statement of the odds on winning a prize. The Legislative Assembly shall vest the regulatory authority in any appropriate state agency.
(3) There is hereby created the State Lottery Commission which shall establish and operate a State Lottery. All proceeds from the State Lottery, including interest, but excluding costs of administration and payment of prizes, shall be used for any of the following purposes: creating jobs, furthering economic development, financing public education in Oregon or restoring and protecting Oregon's parks, beaches, watersheds and native fish and wildlife.
(4)
(b) The Governor shall appoint a Director subject to confirmation by the Senate who shall serve at the pleasure of the Governor. The Director shall be qualified by training and experience to direct the operations of a state-operated lottery. The Director shall be responsible for managing the affairs of the Commission. The Director may appoint and prescribe the duties of no more than four Assistant Directors as the Director deems necessary. One of the Assistant Directors shall be responsible for a security division to assure security, integrity, honesty, and fairness in the operations and administration of the State Lottery. To fulfill these responsibilities, the Assistant Director for security shall be qualified by training and experience, including at least five years of law enforcement experience, and knowledge and experience in computer security.
(c) The Director shall implement and operate a State Lottery pursuant to the rules, and under the guidance, of the Commission. The State Lottery may operate any game procedure authorized by the commission, except parimutuel racing, social games, and the games commonly known in Oregon as bingo or lotto, whereby prizes are distributed using any existing or future methods among adult persons who have paid for tickets or shares in that game; provided that, in lottery games utilizing computer terminals or other devices, no coins or currency shall ever be dispensed directly to players from such computer terminals or devices.
(d) There is hereby created within the General Fund the Oregon State Lottery Fund which is continuously appropriated for the purpose of administering and operating the Commission and the State Lottery. The State Lottery shall operate as a self-supporting revenue-raising agency of state government and no appropriations, loans, or other transfers of state funds shall be made to it. The State Lottery shall pay all prizes and all of its expenses out of the revenues it receives from the sale of tickets or shares to the public and turnover the net proceeds therefrom to a fund to be established by the Legislative Assembly from which the Legislative Assembly shall make appropriations for the benefit of any of the following public purposes: creating jobs, furthering economic development, financing public education in Oregon or restoring and protecting Oregon's parks, beaches, watersheds and native fish and wildlife. Effective July 1, 1997, 15% of the net proceeds from the State Lottery shall be deposited, from the fund created by the Legislative Assembly under this paragraph, in an education stability fund. Effective July 1, 2003, 18% of the net proceeds from the State Lottery shall be deposited, from the fund created by the Legislative Assembly under this paragraph, in an education stability fund. Earnings on moneys in the education stability fund shall be retained in the fund or expended for the public purpose of financing public education in Oregon as provided by law. Except as provided in subsection (6) of this section, moneys in the education stability fund shall be invested as provided by law and shall not be subject to the limitations of section 6, Article XI of this Constitution. The Legislative Assembly may appropriate other moneys or revenue to the education stability fund. The Legislative Assembly shall appropriate amounts sufficient to pay lottery bonds before appropriating the net proceeds from the State Lottery for any other purpose. At least 84% of the total annual revenues from the sale of all lottery tickets or shares shall be returned to the public in the form of prizes and net revenues benefiting the public purpose.
(b) Fifteen percent of the net proceeds from the State Lottery shall be deposited into the school capital matching fund created under section 4, Article XI-P of this Constitution.
(B) That there has been a decline for two or more consecutive quarters in the last 12 months in seasonally adjusted nonfarm payroll employment; or
(C) That a quarterly economic and revenue forecast projects that revenues in the state's General Fund in the current biennium will be at least two percent below what the revenues were projected to be in the revenue forecast on which the legislatively adopted budget for the current biennium was based; or
(8) Effective July 1, 1999, 15% of the net proceeds from the State Lottery shall be deposited in a parks and natural resources fund created by the Legislative Assembly. Of the moneys in the parks and natural resources fund, 50% shall be deposited in a parks subaccount and distributed for the public purposes of financing the protection, repair, operation, and creation of state, regional and local public parks, ocean shore and public beach access areas, historic sites and recreation areas, and 50% shall be deposited in a natural resources subaccount and distributed for the public purposes of financing the restoration and protection of native fish and wildlife, watersheds and water quality in Oregon. The Legislative Assembly shall not limit expenditures from the parks and natural resources fund, or from the parks or natural resources subaccounts. The Legislative Assembly may appropriate other moneys or revenue to the parks and natural resources fund.
(9) Only one State Lottery operation shall be permitted in the State.
(10) The Legislative Assembly has no power to authorize, and shall prohibit, casinos from operation in the State of Oregon.
Notes
Note: The amendments to section 4, as adopted by the people in Measure No. 76, 2010, at the Nov. 2010 general election did not set forth the text of section 4 as it was revised by the people in Measure No. 68, 2010 (H.J.R. 13, 2009), at the May 2010 primary election. The text of section 4, as revised by Measure No. 68, 2010, and amended by Measure No. 76, 2010, is printed here.
Art. XV §4a | USE OF NET PROCEEDS FROM STATE LOTTERY FOR PARKS AND RECREATION AREAS
(b) Protect natural, cultural, historic and outdoor recreational resources of state or regional significance;
(c) Manage public parks, natural areas and outdoor recreation areas to ensure their long-term ecological health and provide for the enjoyment of current and future residents of the State of Oregon; and
(d) Provide diverse and equitable opportunities for residents of the State of Oregon to experience nature and participate in outdoor recreational activities in state, regional, local or neighborhood public parks and recreation areas.
(b) Acquire real property, or interests therein, that has significant natural, scenic, cultural, historic or recreational values, for the creation or operation of state parks, ocean shores, public beach access areas, outdoor recreation areas and historic sites; and
(c) Provide grants to regional or local government entities to acquire property for public parks, natural areas or outdoor recreation areas, or to develop or improve public parks, natural areas or outdoor recreation areas.
Art. XV §4b | USE OF NET PROCEEDS FROM STATE LOTTERY FOR FISH AND WILDLIFE, WATERSHED AND HABITAT PROTECTION
(b) Secure long-term protection for lands and waters that provide significant habitats for native fish and wildlife;
(c) Restore and maintain habitats needed to sustain healthy and resilient populations of native fish and wildlife;
(d) Maintain the diversity of Oregon's plants, animals and ecosystems;
(e) Involve people in voluntary actions to protect, restore and maintain the ecological health of Oregon's lands and waters; and
(f) Remedy the conditions that limit the health of fish and wildlife, habitats and watershed functions in greatest need of conservation.
(b) Carry out projects to protect or restore native fish or wildlife habitats;
(c) Carry out projects to protect or restore natural watershed functions to improve water quality or stream flows; and
(d) Carry out resource assessment, planning, design and engineering, technical assistance, monitoring and outreach activities necessary for projects funded under paragraphs (a) through (c) of this subsection.
(b) Develop, implement or update regional or local strategies or plans that are consistent with the state strategies or plans described in paragraph (a) of this subsection;
(c) Develop, implement or update state strategies or plans to prevent, detect, control or eradicate invasive species that threaten native fish or wildlife habitats or that impair water quality;
(d) Support local delivery of programs or projects, including watershed education activities, that protect or restore native fish or wildlife habitats or watersheds;
(e) Pay the state agency costs of administering subsection (2) of this section, which costs shall not be paid out of the moneys available for grants under subsection (2) of this section; and
(f) Enforce fish and wildlife and habitat protection laws and regulations.
Art. XV §4c | AUDIT OF AGENCY RECEIVING CERTAIN NET PROCEEDS FROM STATE LOTTERY
Notes
Art. XV §4d | SUBSEQUENT VOTE FOR REAFFIRMATION OF SECTIONS 4A, 4B AND 4C AND AMENDMENT TO SECTION 4
Art. XV §4e | TRANSFER OF MONEYS IN SCHOOL CAPITAL MATCHING SUBACCOUNT TO SCHOOL CAPITAL MATCHING FUND CREATED UNDER SECTION 4, ARTICLE XI-P
Art. XV §4f | PERCENTAGE OF LOTTERY REVENUES TO BE EXPENDED FOR BENEFIT OF VETERANS
(2) The moneys in the veterans' services fund may be used only to provide services for the benefit of veterans. Such services may include, without limitation:
(b) Assistance for veterans, spouses of veterans or dependents of veterans in accessing state and federal benefits; and
(c) Funding services provided by county veterans' service officers, campus veterans' service officers or nonprofit or tribal veterans' service officers.
Art. XV §5 | PROPERTY OF MARRIED WOMEN NOT SUBJECT TO DEBTS OF HUSBAND; REGISTRATION OF SEPARATE PROPERTY
Art. XV §5a | POLICY REGARDING MARRIAGE
Notes
Art. XV §6 | MINIMUM AREA AND POPULATION OF COUNTIES
Art. XV §7 | OFFICERS NOT TO RECEIVE FEES FROM OR REPRESENT CLAIMANTS AGAINST STATE
Art. XV §8 | PERSONS ELIGIBLE TO SERVE IN LEGISLATURE; EMPLOYMENT OF JUDGES BY OREGON NATIONAL GUARD OR PUBLIC UNIVERSITY
(2) A person serving as a judge of any court of this state may be employed by the Oregon National Guard for the purpose of performing military service or may be employed by any public university as defined by law for the purpose of teaching, and the employment does not prevent the person from serving as a judge.
Art. XV §8a | [CREATED THROUGH SJR 203, 2014, AND ADOPTED BY THE PEOPLE NOV 4, 2014; SECTION NOT COMPILED BECAUSE OF ITS TEMPORARY NATURE]
Art. XV §8x | CERTAIN PERSONS NOT TO HOLD REAL ESTATE OR MINING CLAIMS; WORKING MINING CLAIMS
Art. XV §9 | WHEN ELECTIVE OFFICE BECOMES VACANT
Art. XV §10 | THE OREGON PROPERTY PROTECTION ACT OF 2000
(2) Statement of principles. The People, in the exercise of the power reserved to them under the Constitution of the State of Oregon, declare that:
(b) The property of a person generally should not be forfeited in a forfeiture proceeding by government unless and until that person is convicted of a crime involving the property;
(c) The value of property forfeited should be proportional to the specific conduct for which the owner of the property has been convicted; and
(d) Proceeds from forfeited property should be used for treatment of drug abuse unless otherwise specified by law for another purpose.
(b) Was instrumental in committing or facilitating the crime for which the claimant has been convicted;
(c) Constitutes proceeds of one or more other crimes similar to the crime for which the claimant was convicted; or
(d) Was instrumental in committing or facilitating one or more other crimes similar to the crime for which the claimant was convicted.
(5) Forfeiture without conviction of claimant. The property of a claimant who has not been convicted of a crime may be forfeited in a civil forfeiture proceeding only if the claimant consents to the forfeiture of the property or the forfeiting agency proves the property constitutes proceeds or an instrumentality of crime committed by another person as described in subsection (3) of this section and:
(b) The claimant knew or should have known that the property constituted proceeds or an instrumentality of criminal conduct; or
(c) The claimant acquiesced in the criminal conduct. A person shall be considered to have acquiesced in criminal conduct if the person knew of the criminal conduct and failed to take reasonable action under the circumstances to terminate the criminal conduct or prevent use of the property to commit or facilitate the criminal conduct.
(b) If a forfeiting agency establishes in a forfeiture proceeding that cash, weapons or negotiable instruments were found in close proximity to controlled substances or to instrumentalities of criminal conduct, the burden is on any person claiming the cash, weapons or negotiable instruments to prove by a preponderance of the evidence that the cash, weapons or negotiable instruments are not proceeds of criminal conduct or an instrumentality of criminal conduct.
(8) Financial institutions. In a civil forfeiture proceeding, if a financial institution claiming an interest in the property demonstrates that it holds an interest, the financial institution's interest is not subject to forfeiture.
(9) Exception for unclaimed property and contraband. Notwithstanding the provisions of subsection (3) of this section, if, following notice to all persons known to have an interest or who may have an interest, no person claims an interest in the seized property or if the property is contraband, a judgment of forfeiture may be allowed and entered without a criminal conviction. For purposes of this subsection, "contraband" means personal property, articles or things, including but not limited to controlled substances or drug paraphernalia, that a person is prohibited by Oregon statute or local ordinance from producing, obtaining or possessing.
(10) Exception for forfeiture of animals. This section does not apply to the forfeiture of animals that have been abused, neglected or abandoned.
(11) Law enforcement seizures unaffected. Nothing in this section shall be construed to affect the temporary seizure of property for evidentiary, forfeiture, or protective purposes, or to alter the power of the Governor to remit fines or forfeitures under Article V, Section 14, of this Constitution.
(12) Disposition of property to drug treatment. Any sale of forfeited property shall be conducted in a commercially reasonable manner. Property forfeited in a civil forfeiture proceeding shall be distributed or applied in the following order:
(b) To the State or any of its political subdivisions for actual and reasonable expenses related to the costs of the forfeiture proceeding, including attorney fees, storage, maintenance, management, and disposition of the property incurred in connection with the sale of any forfeited property; and
(c) To the State or any of its political subdivisions to be used exclusively for drug treatment, unless another disposition is specially provided by law.
(b) The seized property may only be forfeited under federal law; or
(c) Pursuing forfeiture under state law would unduly burden the state forfeiting agencies.
(15) Reporting requirement. All forfeiting agencies shall report the nature and disposition of all property seized for forfeiture or forfeited to a State asset forfeiture oversight committee that is independent of any forfeiting agency. The asset forfeiture oversight committee shall generate and make available to the public an annual report of the information collected. The asset forfeiture oversight committee shall also make recommendations to ensure that asset forfeiture proceedings are handled in a manner that is fair to innocent property owners and interest holders.
(16) Severability. If any part of this section or its application to any person or circumstance is held to be invalid for any reason, then the remaining parts or applications to any persons or circumstances shall not be affected but shall remain in full force and effect.
Notes
Note: The text of section 11 (sections 1 to 3, Measure No. 99, 2000) as submitted to the people was preceded by a preamble that reads as follows:
WHEREAS, home care workers provide services that range from housekeeping, shopping, meal preparation, money management and personal care to medical care and treatment, but receive little, if any, training in those areas resulting in a detrimental impact on quality of care;
WHEREAS, the quality of care provided to seniors and people with disabilities is diminished when there is a lack of stability in the workforce which is the result of home care workers receiving low wages, minimal training and benefits;
WHEREAS, both home care workers and clients receiving home care services would benefit from creating an entity which has the authority to provide, and is held accountable for the quality of services provided in Oregon's in-home system of long-term care.
Art. XV §11 | HOME CARE COMMISSION
(b) The duties and functions of the Home Care Commission include, but are not limited to:
(B) Providing routine, emergency and respite referrals of qualified home care providers to the elderly and people with disabilities who receive personal care services by home care workers hired directly by the client and financed in whole or in part by the State, or by payment from a county or other public agency which receives money for that purpose from the State;
(C) Provide training opportunities for home care workers, seniors and people with disabilities as consumers of personal care services;
(D) Establish qualifications for home care workers;
(E) Establish and maintain a registry of qualified home care workers;
(F) Cooperate with area agencies on aging and disability services and other local agencies to provide the services described and set forth in this section.
(b) The term of office of each member is three years, subject to confirmation by the Senate. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. A member is eligible for reappointment and may serve no more than three consecutive terms. In making appointments to the Commission, the Governor may take into consideration any nominations or recommendations made by the representative groups or agencies.
(b) When conducting any activities in this Section or in subsection (1) of this section, and in making decisions relating to those activities, the Home Care Commission shall first consider the effect of its activities and its decisions on improving the quality of service delivery and ensuring adequate hours of service are provided to clients who are served by home care workers.
(c) Clients of home care services retain their right to select the providers of their choice, including family members.
(d) Employees of the Commission are not employees of the State of Oregon for any purpose.
(e) Notwithstanding the provisions in paragraph (d) of this subsection, the State of Oregon shall be held responsible for unemployment insurance payments for home care workers.
(f) For purposes of collective bargaining, the Commission shall be the employer of record of home care workers hired directly by the client and paid by the State, or by a county or other public agency which receives money for that purpose from the State. Home care workers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with the Commission on matters concerning employment relations. These rights shall be exercised in accordance with the rights granted to public employees with mediation and interest arbitration as the method of concluding the collective bargaining process. Home care workers shall not have the right to strike.
(g) The Commission may adopt rules to carry out its functions.
Notes
Note: Section 11 was submitted to the voters as sections 1, 2 and 3 and added to the Constitution but not to any Article therein by Measure No. 99, 2000.
Note: In Measure No. 99, 2000, subsection (1)(a) and (b)(A) to (F) were designated as section 1 (A) and (B)(1) to (6); subsection (2)(a) and (b) as section 2 (A) and (B); and subsection (3)(a) to (g) as section 3 (A) to (G). The reference to subsection (1) of this section was a reference to Section 1 above, and the reference to paragraph (d) of this subsection was a reference to subsection (D) of this section.
Note: In Measure No. 99, 2000, the period in subsection (1)(b)(F) appeared as a semicolon, and there was no period in subsection (3)(e).
Article XVI
Boundaries
Art. XVI §1 | STATE BOUNDARIES
(2) The Legislative Assembly by law extends the boundaries or jurisdiction of this state an additional distance seaward under authority of a law heretofore or hereafter enacted by the Congress of the United States.
Article XVII
Amendments and Revisions
Art. XVII §1 | METHOD OF AMENDING CONSTITUTION
Notes
Art. XVII §2 | METHOD OF REVISING CONSTITUTION
(2) Subject to subsection (3) of this section, an amendment proposed to the Constitution under section 1, Article IV, or under section 1 of this Article may be submitted to the people in the form of alternative provisions so that one provision will become a part of the Constitution if a proposed revision is adopted by the people and the other provision will become a part of the Constitution if a proposed revision is rejected by the people. A proposed amendment submitted in the form of alternative provisions as authorized by this subsection shall be voted upon as one question.
(3) Subsection (2) of this section applies only when:
(b) An amendment is proposed under section 1, Article IV, or under section 1 of this Article; and
(c) The proposed amendment will be submitted to the people at an election held during the period between the adjournment of the legislative session at which the proposed revision is referred to the people and the next regular legislative session.
Article XVIII
Schedule
Art. XVIII §1 | ELECTION TO ACCEPT OR REJECT CONSTITUTION
Art. XVIII §2 | QUESTIONS SUBMITTED TO VOTERS
Yes, or No.
Yes, or No.
"Constitution, Yes.""Constitution, No"
"Slavery, Yes.""Slavery, No".
Art. XVIII §3 | MAJORITY OF VOTES REQUIRED TO ACCEPT OR REJECT CONSTITUTION
Art. XVIII §4 | VOTE ON CERTAIN SECTIONS OF CONSTITUTION IF THIS CONSTITUTION SHALL BE ACCEPTED BY THE ELECTORS, AND A MAJORITY OF ALL THE VOTES GIVEN FOR, AND AGAINST SLAVERY, SHALL BE GIVEN FOR SLAVERY, THEN THE FOLLOWING SECTION SHALL BE ADDED TO THE BILL OF RIGHTS, AND SHALL BE PART OF THIS CONSTITUTION:
"Sec. ___"Persons lawfully held as slaves in any State, Territory, or District of the United States, under the laws thereof, may be brought into this State, and such Slaves, and their descendants may be held as slaves within this State, and shall not be emancipated without the consent of their owners."And if a majority of such votes shall be given against slavery, then the foregoing section shall not, but the following sections shall be added to the Bill of Rights, and shall be a part of this Constitution.
"Sec. ___There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted."
Notes
Art. XVIII §5 | APPORTIONMENT OF SENATORS AND REPRESENTATIVES
Linn two senators, and four representatives.
Lane two senators, and three representatives.
Clackamas and Wasco, one senator jointly, and Clackamas three representatives, and Wasco one representative.
Yamhill one senator, and two representatives.
Polk one senator, and two representatives.
Benton one senator, and two representatives.
Multnomah, one senator, and two representatives.
Washington, Columbia, Clatsop, and Tillamook one senator jointly, and Washington one representative, and Washington and Columbia one representative jointly, and Clatsop and Tillamook one representative jointly.
Douglas, one senator, and two representatives.
Jackson one senator, and three representatives.
Josephine one senator, and one representative.
Umpqua, Coos and Curry, one senator jointly, and Umpqua one representative, and Coos and Curry one representative jointly.
Art. XVIII §6 | ELECTION UNDER CONSTITUTION; ORGANIZATION OF STATE
Art. XVIII §7 | FORMER LAWS CONTINUED IN FORCE
Art. XVIII §8 | OFFICERS TO CONTINUE IN OFFICE
Art. XVIII §9 | CRIMES AGAINST TERRITORY
Art. XVIII §10 | SAVING EXISTING RIGHTS AND LIABILITIES
Art. XVIII §11 | JUDICIAL DISTRICTS
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
