Lawmakers may have finished their work for the 2007 session, but the voters haven't passed judgment on all of it yet. Lawmakers - who have acted in recent sessions to curb citizen-backed initiatives - handed voters eight measures to decide in future special elections. A special session in February could produce more measures, depending on what issues gain political momentum by then.
The 2007 Legislature's referrals reflect a return to more normal patterns. In each of the past two regular sessions in 2003 and 2005, lawmakers proposed no constitutional amendments and did not refer any laws to the ballot in subsequent elections - a modern-day first for the Legislature.
Despite the referrals, one longtime observer said the 2007 session put life back into a legislative process that has been overshadowed by initiative measures for almost two decades.
"I think a lot of people felt the legislative process was on its last legs," said David Buchanan of Salem, a co-author of "The Almanac of Oregon Politics." "It looked like it was about to be jettisoned for being useless, instead of being refocused as the core of decision-making in this state."
Most measures were constitutional changes that lawmakers can propose by simple majorities, but voters must approve.
These measures were referred by the Oregon Legislature.
NOV. 6, 2007
LAND USE: Rewrites Oregon's property-compensation law, which voters approved as Measure 37 in 2004. Landowners can build a few houses on rural sites; they are limited on high-value farm and forest lands and areas of limited groundwater and must prove losses in property value to build up to 10 houses each on two lesser-quality sites. Other developments are barred unless they gain "vested rights" by Dec. 6. (House Bill 3540)
CIGARETTE TAX: Increases the tax by 84 cents per pack, to $2.02. Proceeds pay for health care for children and some poor adults, community and rural health clinics and tobacco use reduction programs. This proposed constitutional change became the only option when the House could not muster a 60 percent majority to pass or refer the tax. (Senate Joint Resolution 4; Senate Bill 3 triggered if voters approve tax.)
MAY 20, 2008
FORFEITURES: Revises constitutional limits that voters approved in 2000 on police seizures of cash and property connected with drug raids. The revision would allow police to keep some of the proceeds from seizures. But property could not be sold unless there is a criminal conviction or the property was turned over to someone else to evade civil forfeiture. Primary purpose of the proceeds remains drug treatment, including drug courts. (Senate Joint Resolution 18)
VICTIMS RIGHTS: Two constitutional changes would enable crime victims or prosecutors on the state's behalf to sue in court to uphold their rights in pretrial release and court proceedings. Voters approved such rights in 1999 but never provided for enforcement. Their suits cannot block the federal constitutional rights of criminal defendants. (House Joint Resolutions 49, 50)
NOV. 4, 2008
DOUBLE MAJORITY: Revises the 1996 constitutional requirement, known as "double majority," for 50 percent of registered voters to cast ballots and a majority of participating voters to approve property tax measures. The lone exception now is for measures on the November general election ballot in even-numbered years; the change would exempt measures in May and November elections from the requirement. (House Joint Resolution 15)
SCHOOL ELECTIONS: Repeals a constitutional requirement for people to be age 21 to take part in school board elections. The voting age is 18. (House Joint Resolution 4)
REDISTRICTING: Changes a constitutional provision so that after the redrawing of legislative districts required after each U.S. census, representatives can continue to represent the districts they were elected from. This change would prevent a repeat of what happened after the 2001 redistricting, which assigned Rep. Phil Barnhart of Eugene to a district east of the Cascades. (House Joint Resolution 31)
(statesmanjournal.com)
