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Oregon Ballot Measures


November 2012
OREGON GENERAL ELECTION

Ballot Measure 77

Ballot Title: Amends Constitution: Governor may declare “catastrophic disaster” (defined); requires legislative session; authorizes suspending specified constitutional spending restrictions

Summary: Amends Constitution. Currently, Governor has statutory, but not constitutional, authority to declare state of emergency and direct response to emergency. Measure grants Governor constitutional authority to declare and respond to natural or human-caused “catastrophic disaster” (defined). Authorizes Governor to redirect previously allocated General Fund and lottery monies to disaster response. Requires legislative session (under emergency conditions, if necessary) to enact implementing legislation; legislation may include temporarily suspending specified constitutional spending restrictions. Terminates Governor’s disaster spending authority upon enactment of law specifying purposes for which funds may be used. Limits disaster authority of Governor and legislature to 30 days unless legislature acts to shorten/lengthen period; such legislation may include any provision legislature deems necessary to provide “orderly transition” (undefined) to normal conditions. Other provisions.

Additional Information (Note: No Arguments in Favor or Opposition)
No Proponent Website Known
No Opponent Website Known

Ballot Measure 78

Ballot Title: Amends Constitution: Changes constitutional language describing governmental system of separation of powers; makes grammatical and spelling changes

Summary: Amends constitution. Measure makes nonsubstantive changes to wording now contained in the Oregon constitution. Current state constitutional language describes the governmental separation of powers to be divided into three separate “departments”: Legislative, Executive (including Administrative), and Judicial. Measure revises this constitutional phrasing by changing it to refer to three separate “branches” of government, which conforms to more contemporary, commonly-used designations for these separate divisions of government. Measure changes the description of the two houses of the Legislature to two “chambers” of the Legislature (rather than two “branches” of the Legislature), which also reflects more modern designations for them. Measure additionally modernizes spelling and makes grammatical changes to replace existing references to the Secretary of State as “he,” “him,” and “his” with gender-neutral wording.

Additional Information (Note: No Arguments in Favor or Opposition)
No Proponent Website Known
No Opponent Website Known

Ballot Measure 79

Ballot Title: Amends Constitution: Prohibits real estate transfer taxes, fees, other assessments, except those operative on December 31, 2009

Summary: Amends constitution. Current statutory law prohibits a city, county, district, or other political subdivision or municipal corporation from imposing taxes or fees on the transfer of real estate (with certain exceptions). However, the state legislature has the authority, subject to Governor approval, to impose such taxes and fees or to change current statutory law. Measure prohibits the state and any city, county, district, or other political subdivision or municipal corporation from imposing taxes, fees, or other assessments based upon the transfer of any interest in real property or measured by the consideration paid or received upon the transfer of any interest in real property. Measure exempts from the prohibition any taxes, fees, or other assessments in effect and operative on December 31, 2009. Other provisions.

Additional Information (Note: No Arguments in Opposition)
No Opponent Website Known

Ballot Measure 80

Ballot Title: Allows personal marijuana, hemp cultivation/use without license; commission to regulate commercial marijuana cultivation/sale.

Summary: Currently, marijuana cultivation, possession and delivery are prohibited; regulated medical marijuana use permitted. Measure replaces state, local marijuana laws except medical marijuana and driving under the influence laws; distinguishes “hemp” from “marijuana”; prohibits regulation of hemp. Creates commission to license marijuana cultivation by qualified persons and to purchase entire crop. Commission sells marijuana at cost to pharmacies, medical research facilities and to qualified adults for profit through state-licensed stores. Ninety percent of net proceeds goes to state general fund, remainder to drug education, treatment, hemp promotion. Bans sales to, possession by minors. Bans public consumption except where signs permit, minors barred. Commission regulates use, sets prices, other duties; Attorney General to defend against federal challenges/prosecutions. Provides penalties. Effective January 1, 2013; other provisions.

Additional Information (Including Arguments in Favor and Arguments in Opposition)
No Opponent Website Known

Ballot Measure 81

Ballot Title: Prohibits commercial non-tribal fishing with gillnets in Oregon “inland waters,” allows use of seine nets

Summary: Current law allows commercial salmon fishing in Columbia River only with gillnets; requires recreational salmon fishers’ percentage share of overall salmon catch to be readjusted annually; allows issuing of gillnet permits within limit of 200; recognizes gillnet licenses as valid in Columbia River in both Oregon and Washington waters. Measure bans commercial gillnet fishing by non-tribal fishers in Oregon “inland waters” (defined); requires Oregon Fish and Wildlife Commission to permit use of “seine nets” (defined) instead; ensures that recreational salmon fishers’ percentage of overall salmon catch remains at 2007-2011 levels; prohibits purchase of salmon caught by gillnet by non-tribal fishers in Oregon inland waters; prohibits issuing of additional gillnet permits; repeals statute recognizing validity of gillnet licenses in Oregon and Washington waters. Other provisions.

Additional Information (Including Arguments in Favor and Arguments in Opposition)
No Proponent Website Known

Ballot Measure 82

Ballot Title: Amends Constitution: Authorizes establishment of privately-owned casinos; mandates percentage of revenues payable to dedicated state fund

Summary: Amends constitution. Currently, Oregon Constitution prohibits the operation of privately-owned, non-tribal casinos within the state. Under measure, State Lottery shall permit the operation of privately-owned casinos within the state, provided that the particular operation is approved through an initiative law. Privately-owned casinos must be located within an incorporated city, and city electors must also approve casino location. The privately-owned casino shall pay 25% of adjusted gross revenues each month to a dedicated state fund for the purposes of fostering job growth, educational achievement, vibrant local communities, protecting and improving natural environment, and supporting all federally recognized Indian tribes in Oregon. Amendment prohibits the operation of privately-owned casino within 60-mile radius of existing tribal casino operating on reservation land.

Additional Information (Including Arguments in Favor and Arguments in Opposition)

Ballot Measure 83

Ballot Title: Authorizes privately-owned Wood Village casino; mandates percentage of revenues payable to dedicated state fund

Summary: Currently, Oregon Constitution prohibits privately-owned casinos within state. Under measure, State Lottery shall issue renewable 15-year lease permitting owner of former Multnomah Kennel Club in Wood Village to operate gaming devices, table games, keno, and other games of chance at that site. Measure would become operative only if constitution is amended to permit privately-owned casinos within state. Casino operator shall pay 25% of adjusted gross revenues monthly to State Lottery. Lottery shall deposit 20% of adjusted gross revenues into Job Growth, Education and Communities Fund (separate from general fund), and 80% in State Lottery Fund. Moneys in the Job Growth fund are apportioned to the incorporated cities adjoining casino, Indian tribes, law enforcement, and gambling treatment services. Other provisions.

Additional Information (Including Arguments in Favor and Arguments in Opposition)

Ballot Measure 84

Ballot Title: Phases out existing inheritance taxes on large estates, and all taxes on intra-family property transfers

Summary: Current state law imposes one-time tax on estate of person dying on/after January 1, 2012, if estate’s gross value—determined by federal law as of December 31, 2010—is at least $1,000,000. Current law taxes income-producing property sales, regardless of parties’ relationship. Measure incrementally phases out estate/inheritance tax, tax on property transfers between “family members” (defined), and tax on property transferred in connection with person’s death; prohibits imposition of such taxes on property of person dying on/after January 1, 2016. Allows state to cooperate with other states and federal government in administering those entities’ estate/inheritance taxes; permits fees on probate and other transactions that may occur following person’s death. Measure reduces state revenues; provides no replacement. Other provisions.

Additional Information (Including Arguments in Favor and Arguments in Opposition)

Ballot Measure 85

Ballot Title: Amends Constitution: Allocates corporate income/excise tax “kicker” refund to additionally fund K through 12 public education

Summary: Amends constitution. Before each biennium, the governor must prepare an estimate of revenues expected to be received by the General Fund for the next biennium. The General Fund is the primary funding source for schools, prisons, social services other state-funded programs/services. Current law requires an automatic “kicker” refund to taxpayers of corporate income and excise tax revenue that exceeds estimated collections by two percent or more. Measure allocates the corporate income and excise tax “kicker” refund to the General Fund to provide additional funding for K through 12 public education. Measure does not change the constitutional personal income tax “kicker” provision that requires a refund to individual taxpayers when personal income tax revenue exceeds estimated revenue by two percent or more. Other provisions.

Additional Information (Including Arguments in Favor and Arguments in Opposition)
No Opponent Website Known

 

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