(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.
OREGON CONSTITUTION
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).
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