Oregon Constitution Was Framed by a Conven- of State Is Retained Unless It Has Been Repealed Or Su- Tion of 60 Delegates Chosen by the People

CONSTITUTION OF OREGON

CONSTITUTION OF OREGON 2020 EDITION

The Oregon Constitution was framed by a conven- of State is retained unless it has been repealed or su- tion of 60 delegates chosen by the people. The conven- perseded by amendment or revision. Where the original tion met on the third Monday in August 1857 and text has been amended or revised or where a new pro- adjourned on September 18 of the same year. On No- vision has been added to the original Constitution, the vember 9, 1857, the Constitution was approved by the source of the amendment, revision or addition is indi- vote of the people of Oregon Territory. The Act of cated in the source note immediately following the text Congress admitting Oregon into the Union was ap- of the amended, revised or new section. Notations also proved February 14, 1859, and on that date the Consti- tution went into effect. have been made setting out the history of repealed sections. The Constitution is here published as it is in effect following the approval of amendments and revisions on Unless otherwise specifically noted, the leadlines November 3, 2020. The text of the original signed copy for the sections have been supplied by Legislative of the Constitution filed in the office of the Secretary Counsel.

Preamble Article I Bill of Rights II Suffrage and Elections III Distribution of Powers IV Legislative Branch V Executive Branch VI Administrative Department VII (Amended) Judicial Branch VII (Original) The Judicial Branch VIII Education and School Lands IX Finance X The Militia X-A Catastrophic Disasters XI Corporations and Internal Improvements XI-A Farm and Home Loans to Veterans XI-D State Power Development XI-E State Reforestation XI-F(1) Higher Education Building Projects XI-F(2) Veterans’ Bonus XI-G Higher Education Institutions and Activities; Community Colleges XI-H Pollution Control XI-I(1) Water Development Projects XI-I(2) Multifamily Housing for Elderly and Disabled XI-J Small Scale Local Energy Loans XI-K Guarantee of Bonded Indebtedness of Education Districts XI-L Oregon Health and Science University XI-M Seismic Rehabilitation of Public Education Buildings XI-N Seismic Rehabilitation of Emergency Services Buildings XI-O Pension Liabilities XI-P School District Capital Costs XI-Q Real or Personal Property Owned or Operated by State XII State Printing XIV Seat of Government XV Miscellaneous XVI Boundaries XVII Amendments and Revisions XVIII Schedule ______

Oregon Constitution Page 1 (2020 Edition) CONSTITUTION OF OREGON

PREAMBLE We the people of the State of Oregon to the end that Justice be established, order main- tained, and liberty perpetuated, do ordain this Constitution. —

Oregon Constitution Page 2 (2020 Edition) CONSTITUTION OF OREGON Art. I§11

ARTICLE I Section 2. Freedom of worship. All BILL OF RIGHTS men shall be secure in the Natural right, to worship Almighty God according to the dic- tates of their own consciences. — Sec. 1. Natural rights inherent in people 2. Freedom of worship Section 3. Freedom of religious opin- 3. Freedom of religious opinion ion. No law shall in any case whatever con- 4. No religious qualification for office trol the free exercise, and enjoyment of 5. No money to be appropriated for religion 6. No religious test for witnesses or jurors religeous [sic] opinions, or interfere with the 7. Manner of administering oath or affirmation rights of conscience. — 8. Freedom of speech and press 9. Unreasonable searches or seizures Section 4. No religious qualification 10. Administration of justice for office. No religious test shall be required 11. Rights of Accused in Criminal Prosecution as a qualification for any office of trust or 12. Double jeopardy; compulsory self- profit. — incrimination 13. Treatment of arrested or confined persons Section 5. No money to be appropri- 14. Bailable offenses ated for religion. No money shall be drawn 15. Foundation principles of criminal law from the Treasury for the benefit of any 16. Excessive bail and fines; cruel and unusual religeous [sic], or theological institution, nor punishments; power of jury in criminal case shall any money be appropriated for the pay- 17. Jury trial in civil cases 18. Private property or services taken for public ment of any religeous [sic] services in either use house of the Legislative Assembly. — 19. Imprisonment for debt 20. Equality of privileges and immunities of cit- Section 6. No religious test for wit- izens nesses or jurors. No person shall be ren- 21. Ex-post facto laws; laws impairing contracts; dered incompetent as a witness, or juror in laws depending on authorization in order to consequence of his opinions on matters of take effect; laws submitted to electors religeon [sic]; nor be questioned in any Court 22. Suspension of operation of laws of Justice touching his religeous [sic] belief 23. Habeas corpus 24. Treason to affect the weight of his testimony. — 25. Corruption of blood or forfeiture of estate Section 7. Manner of administering 26. Assemblages of people; instruction of repre- oath or affirmation. The mode of adminis- sentatives; application to legislature 27. Right to bear arms; military subordinate to tering an oath, or affirmation shall be such civil power as may be most consistent with, and binding 28. Quartering soldiers upon the conscience of the person to whom 29. Titles of nobility; hereditary distinctions such oath or affirmation may be adminis- 30. Emigration tered. — 32. Taxes and duties; uniformity of taxation 33. Enumeration of rights not exclusive Section 8. Freedom of speech and 34. Slavery or involuntary servitude press. No law shall be passed restraining the 39. Sale of liquor by individual glass free expression of opinion, or restricting the 40. Penalty for aggravated murder 41. Work and training for corrections institution right to speak, write, or print freely on any inmates; work programs; limitations; duties subject whatever; but every person shall be of corrections director responsible for the abuse of this right. — 42. Rights of victim in criminal prosecutions and juvenile court delinquency proceedings Section 9. Unreasonable searches or 43. Rights of victim and public to protection seizures. No law shall violate the right of from accused person during criminal pro- the people to be secure in their persons, ceedings; denial of pretrial release houses, papers, and effects, against unrea- 44. Term of imprisonment imposed by court to sonable search, or seizure; and no warrant be fully served; exceptions 45. Person convicted of certain crimes not eligi- shall issue but upon probable cause, sup- ble to serve as juror on grand jury or trial ported by oath, or affirmation, and partic- jury in criminal case ularly describing the place to be searched, 46. Prohibition on denial or abridgment of rights and the person or thing to be seized. — on account of sex Section 10. Administration of justice. Section 1. Natural rights inherent in No court shall be secret, but justice shall be people. We declare that all men, when they administered, openly and without purchase, form a social compact are equal in right: that completely and without delay, and every man all power is inherent in the people, and all shall have remedy by due course of law for free governments are founded on their au- injury done him in his person, property, or thority, and instituted for their peace, safety, reputation. — and happiness; and they have at all times a Section 11. Rights of Accused in right to alter, reform, or abolish the govern- Criminal Prosecution. In all criminal pros- ment in such manner as they may think ecutions, the accused shall have the right to proper. — public trial by an impartial jury in the

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county in which the offense shall have been Section 17. Jury trial in civil cases. In committed; to be heard by himself and coun- all civil cases the right of Trial by Jury shall sel; to demand the nature and cause of the remain inviolate. — accusation against him, and to have a copy thereof; to meet the witnesses face to face, Section 18. Private property or ser- and to have compulsory process for obtaining vices taken for public use. Private property witnesses in his favor; provided, however, shall not be taken for public use, nor the that any accused person, in other than capi- particular services of any man be demanded, tal cases, and with the consent of the trial without just compensation; nor except in the judge, may elect to waive trial by jury and case of the state, without such compensation consent to be tried by the judge of the court first assessed and tendered; provided, that alone, such election to be in writing; pro- the use of all roads, ways and waterways vided, however, that in the circuit court ten necessary to promote the transportation of members of the jury may render a verdict of the raw products of mine or farm or forest guilty or not guilty, save and except a ver- or water for beneficial use or drainage is dict of guilty of first degree murder, which necessary to the development and welfare of shall be found only by a unanimous verdict, the state and is declared a public use. and not otherwise; provided further, that the [Constitution of 1859; Amendment proposed by S.J.R. 17, existing laws and constitutional provisions 1919, and adopted by the people May 21, 1920; Amend- ment proposed by S.J.R. 8, 1923, and adopted by the relative to criminal prosecutions shall be people Nov. 4, 1924] continued and remain in effect as to all prosecutions for crimes committed before the Section 19. Imprisonment for debt. taking effect of this amendment. [Constitution There shall be no imprisonment for debt, ex- of 1859; Amendment proposed by S.J.R. 4, 1931, and cept in case of fraud or absconding adopted by the people Nov. 8, 1932; Amendment pro- debtors. — posed by S.J.R. 4, 1933 (2d s.s.), and adopted by the people May 18, 1934] Section 20. Equality of privileges and Note: The leadline to section 11 was a part of the immunities of citizens. No law shall be measure submitted to the people by S.J.R. 4, 1931. passed granting to any citizen or class of citizens privileges, or immunities, which, Section 12. Double jeopardy; compul- upon the same terms, shall not equally be- sory self-incrimination. No person shall be long to all citizens. — put in jeopardy twice for the same offence [sic], nor be compelled in any criminal pros- Section 21. Ex-post facto laws; laws ecution to testify against himself. — impairing contracts; laws depending on authorization in order to take effect; Section 13. Treatment of arrested or laws submitted to electors. No ex-post confined persons. No person arrested, or facto law, or law impairing the obligation of confined in jail, shall be treated with unnec- contracts shall ever be passed, nor shall any essary rigor. — law be passed, the taking effect of which Section 14. Bailable offenses. Offences shall be made to depend upon any authority, [sic], except murder, and treason, shall be except as provided in this Constitution; pro- bailable by sufficient sureties. Murder or vided, that laws locating the Capitol of the treason, shall not be bailable, when the proof State, locating County Seats, and submitting is evident, or the presumption strong. — town, and corporate acts, and other local, and Special laws may take effect, or not, Section 15. Foundation principles of upon a vote of the electors interested. — criminal law. Laws for the punishment of crime shall be founded on these principles: Section 22. Suspension of operation protection of society, personal responsibility, of laws. The operation of the laws shall accountability for one’s actions and reforma- never be suspended, except by the Authority tion. [Constitution of 1859; Amendment proposed by of the Legislative Assembly. S.J.R. 32, 1995, and adopted by the people Nov. 5, 1996] Section 23. Habeas corpus. The privi- Section 16. Excessive bail and fines; lege of the writ of habeas corpus shall not cruel and unusual punishments; power of be suspended unless in case of rebellion, or jury in criminal case. Excessive bail shall invasion the public safety require it. — not be required, nor excessive fines imposed. Cruel and unusual punishments shall not be Section 24. Treason. Treason against inflicted, but all penalties shall be propor- the State shall consist only in levying war tioned to the offense.—In all criminal cases against it, or adhering to its enemies, giving whatever, the jury shall have the right to them aid or comfort.—No person shall be determine the law, and the facts under the convicted of treason unless on the testimony direction of the Court as to the law, and the of two witnesses to the same overt act, or right of new trial, as in civil cases. confession in open Court. —

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Section 25. Corruption of blood or Section 36. Liquor prohibition. [Created through forfeiture of estate. No conviction shall initiative petition filed July 1, 1914, and adopted by the people Nov. 3, 1914; Repeal proposed by initiative peti- work corruption of blood, or forfeiture of es- tion filed March 20, 1933, and adopted by the people tate. — July 21, 1933] Section 26. Assemblages of people; in- Section 36. Capital punishment abolished. struction of representatives; application [Created through initiative petition filed July 2, 1914, and adopted by the people Nov. 3, 1914; Repeal proposed to legislature. No law shall be passed re- by S.J.R. 8, 1920 (s.s.), and adopted by the people May straining any of the inhabitants of the State 21, 1920, as Const. Art. I, §38] from assembling together in a peaceable Note: At the general election in 1914 two sections, manner to consult for their common good; each designated as section 36, were created and added nor from instructing their Representatives; to the Constitution by separate initiative petitions. One nor from applying to the Legislature for re- of these sections was the prohibition section and the dress of greviances [sic]. — other abolished capital punishment. Section 36a. Prohibition of importation of liq- Section 27. Right to bear arms; mili- uors. [Created through initiative petition filed July 6, tary subordinate to civil power. The peo- 1916, and adopted by the people Nov. 7, 1916; Repeal ple shall have the right to bear arms for the proposed by initiative petition filed March 20, 1933, and defence [sic] of themselves, and the State, adopted by the people July 21, 1933] but the Military shall be kept in strict sub- Section 37. Penalty for murder in first degree. ordination to the civil power[.] [Created through S.J.R. 8, 1920, and adopted by the people May 21, 1920; Repeal proposed by S.J.R. 3, 1963, Section 28. Quartering soldiers. No and adopted by the people Nov. 3, 1964] soldier shall, in time of peace, be quartered Section 38. Laws abrogated by amendment in any house, without the consent of the abolishing death penalty revived. [Created through owner, nor in time of war, except in the S.J.R. 8, 1920, and adopted by the people May 21, 1920; manner prescribed by law. Repeal proposed by S.J.R. 3, 1963, and adopted by the people Nov. 3, 1964] Section 29. Titles of nobility; hereditary distinctions. No law shall be passed Section 39. Sale of liquor by individual granting any title of Nobility, or conferring glass. The State shall have power to license hereditary distinctions. — private clubs, fraternal organizations, veterans’ organizations, railroad corporations Section 30. Emigration. No law shall operating interstate trains and commercial be passed prohibiting emigration from the establishments where food is cooked and State. — served, for the purpose of selling alcoholic Section 31. Rights of aliens; immigration to liquor by the individual glass at retail, for state. [Constitution of 1859; repeal proposed by H.J.R. 16, 1969, and adopted by the people May 26, 1970] consumption on the premises, including mixed drinks and cocktails, compounded or Section 32. Taxes and duties; uni- mixed on the premises only. The Legislative formity of taxation. No tax or duty shall Assembly shall provide in such detail as it be imposed without the consent of the people shall deem advisable for carrying out and or their representatives in the Legislative administering the provisions of this amend- Assembly; and all taxation shall be uniform ment and shall provide adequate safeguards on the same class of subjects within the ter- to carry out the original intent and purpose ritorial limits of the authority levying the of the Oregon Liquor Control Act, including tax. [Constitution of 1859; Amendment proposed by the promotion of temperance in the use and H.J.R. 16, 1917, and adopted by the people June 4, 1917] consumption of alcoholic beverages, encour- Section 33. Enumeration of rights not age the use and consumption of lighter bev- exclusive. This enumeration of rights, and erages and aid in the establishment of privileges shall not be construed to impair Oregon industry. This power is subject to the or deny others retained by the people. — following: Section 34. Slavery or involuntary (1) The provisions of this amendment servitude. There shall be neither slavery, shall take effect and be in operation sixty nor involuntary servitude in the State, oth- (60) days after the approval and adoption by erwise than as a punishment for crime, the people of Oregon; provided, however, the whereof the party shall have been duly con- right of a local option election exists in the victed. — [Added to Bill of Rights as unnumbered counties and in any incorporated city or section by vote of the people at time of adoption of the town containing a population of at least five Oregon Constitution in accordance with section 4 of hundred (500). The Legislative Assembly Article XVIII thereof] shall prescribe a means and a procedure by Section 35. Restrictions on rights of certain which the voters of any county or incorpo- persons. [Added to Bill of Rights as unnumbered sec- rated city or town as limited above in any tion by vote of the people at time of adoption of the Oregon Constitution in accordance with Section 4 of county, may through a local option election Article XVIII thereof; Repeal proposed by H.J.R. 8, 1925, determine whether to prohibit or permit such and adopted by the people Nov. 2, 1926] power, and such procedure shall specifically

Oregon Constitution Page 5 (2020 Edition) Art. I§40 CONSTITUTION OF OREGON

include that whenever fifteen per cent (15%) rections director, but the overall time spent of the registered voters of any county in the in work or training shall be full-time. How- state or of any incorporated city or town as ever, no inmate has a legally enforceable limited above, in any county in the state, right to a job or to otherwise participate in shall file a petition requesting an election in work, on-the-job training or educational pro- this matter, the question shall be voted upon grams or to compensation for work or labor at the next regular November biennial performed while an inmate of any state, election, provided said petition is filed not county or city corrections facility or institu- less than sixty (60) days before the day of tion. The corrections director may reduce or election. exempt participation in work or training (2) Legislation relating to this matter programs by those inmates deemed by cor- shall operate uniformly throughout the state rections officials as physically or mentally and all individuals shall be treated equally; disabled, or as too dangerous to society to and all provisions shall be liberally construed engage in such programs. for the accomplishment of these purposes. (4) There shall be sufficient work and [Created through initiative petition filed July 2, 1952, training programs to ensure that every eligi- and adopted by the people Nov. 4, 1952] ble inmate is productively involved in one or Section 40. Penalty for aggravated more programs. Where an inmate is drug and murder. Notwithstanding sections 15 and 16 alcohol addicted so as to prevent the inmate of this Article, the penalty for aggravated from effectively participating in work or murder as defined by law shall be death upon training programs, corrections officials shall unanimous affirmative jury findings as pro- provide appropriate drug or alcohol treat- vided by law and otherwise shall be life im- ment. prisonment with minimum sentence as (5) The intent of the people is that provided by law. [Created through initiative peti- taxpayer-supported institutions and programs tion filed July 6, 1983, and adopted by the people Nov. 6, 1984] shall be free to benefit from inmate work. Prison work programs shall be designed and Section 41. Work and training for carried out so as to achieve savings in gov- corrections institution inmates; work ernment operations, so as to achieve a net programs; limitations; duties of correc- profit in private sector activities or so as to tions director. (1) Whereas the people of the benefit the community. state of Oregon find and declare that inmates (6) The provisions of this section are who are confined in corrections institutions mandatory for all state corrections insti- should work as hard as the taxpayers who tutions. The provisions of this section are provide for their upkeep; and whereas the permissive for county or city corrections fa- people also find and declare that inmates cilities. No law, ordinance or charter shall confined within corrections institutions must prevent or restrict a county or city govern- be fully engaged in productive activity if ing body from implementing all or part of the they are to successfully re-enter society with provisions of this section. Compensation, if practical skills and a viable work ethic; now, any, shall be determined and established by therefore, the people declare: the governing body of the county or city (2) All inmates of state corrections insti- which chooses to engage in prison work pro- tutions shall be actively engaged full-time in grams, and the governing body may choose work or on-the-job training. The work or on- to adopt any power or exemption allowed in the-job training programs shall be established this section. and overseen by the corrections director, (7) The corrections director shall contact who shall ensure that such programs are public and private enterprises in this state cost-effective and are designed to develop in- and seek proposals to use inmate work. The mate motivation, work capabilities and coop- corrections director may: (a) install and eration. Such programs may include boot equip plants in any state corrections institu- camp prison programs. Education may be tion, or any other location, for the employ- provided to inmates as part of work or on- ment or training of any of the inmates the-job training so long as each inmate is therein; or (b) purchase, acquire, install, engaged at least half-time in hands-on train- maintain and operate materials, machinery ing or work activity. and appliances necessary to the conduct and (3) Each inmate shall begin full-time operation of such plants. The corrections di- work or on-the-job training immediately upon rector shall use every effort to enter into admission to a corrections institution, allow- contracts or agreements with private busi- ing for a short time for administrative intake ness concerns or government agencies to ac- and processing. The specific quantity of complish the production or marketing of hours per day to be spent in work or on-the- products or services produced or performed job training shall be determined by the cor- by inmates. The corrections director may

Oregon Constitution Page 6 (2020 Edition) CONSTITUTION OF OREGON Art. I§41 carry out the director’s powers and duties (10) Prison work products or services under this section by delegation to others. shall be available to any public agency and (8) Compensation, if any, for inmates who to any private enterprise of any state, any engage in prison work programs shall be de- nation or any American Indian or Alaskan termined and established by the corrections Native tribe without restriction imposed by director. Such compensation shall not be any state or local law, ordinance or regu- subject to existing public or private sector lation as to competition with other public or minimum or prevailing wage laws, except private sector enterprises. The products and where required to comply with federal law. services of corrections work programs shall Inmate compensation from enterprises enter- be provided on such terms as are set by the ing into agreements with the state shall be corrections director. To the extent deter- exempt from unemployment compensation mined possible by the corrections director, taxes to the extent allowed under federal the corrections director shall avoid estab- law. Inmate injury or disease attributable to lishing or expanding for-profit prison work any inmate work shall be covered by a cor- programs that produce goods or services of- rections system inmate injury fund rather fered for sale in the private sector if the es- than the workers compensation law. Except tablishment or expansion would displace or as otherwise required by federal law to per- significantly reduce preexisting private en- mit transportation in interstate commerce of terprise. To the extent determined possible goods, wares or merchandise manufactured, by the corrections director, the corrections produced or mined, wholly or in part by in- director shall avoid establishing or expanding mates or except as otherwise required by prison work programs if the establishment or state law, any compensation earned through expansion would displace or significantly re- prison work programs shall only be used for duce government or nonprofit programs that the following purposes: (a) reimbursement for employ persons with developmental disabilities. However, the decision to establish, all or a portion of the costs of the inmate’s maintain, expand, reduce or terminate any rehabilitation, housing, health care, and liv- prison work program remains in the sole ing costs; (b) restitution or compensation to discretion of the corrections director. the victims of the particular inmate’s crime; (c) restitution or compensation to the victims (11) Inmate work shall be used as much of crime generally through a fund designed as possible to help operate the corrections for that purpose; (d) financial support for institutions themselves, to support other immediate family of the inmate outside the government operations and to support com- corrections institution; and (e) payment of munity charitable organizations. This work fines, court costs, and applicable taxes. includes, but is not limited to, institutional food production; maintenance and repair of (9) All income generated from prison buildings, grounds, and equipment; office work programs shall be kept separate from support services, including printing; prison general fund accounts and shall only be used clothing production and maintenance; prison for implementing, maintaining and develop- medical services; training other inmates; aging prison work programs. Prison industry ricultural and forestry work, especially in work programs shall be exempt from statu- parks and public forest lands; and environ- tory competitive bid and purchase require- mental clean-up projects. Every state agency ments. Expenditures for prison work shall cooperate with the corrections director programs shall be exempt from the legislative in establishing inmate work programs. appropriations process to the extent the pro- (12) As used throughout this section, un- grams rely on income sources other than less the context requires otherwise: “full- state taxes and fees. Where state taxes or time” means the equivalent of at least forty fees are the source of capital or operating hours per seven day week, specifically in- expenditures, the appropriations shall be cluding time spent by inmates as required by made by the legislative assembly. The state the Department of Corrections, while the in- programs shall be run in a businesslike fash- mate is participating in work or on-the-job ion and shall be subject to regulation by the training, to provide for the safety and secu- corrections director. Expenditures from in- rity of the public, correctional staff and income generated by state prison work pro- mates; “corrections director” means the grams must be approved by the corrections person in charge of the state corrections director. Agreements with private enterprise system. as to state prison work programs must be (13) This section is self-implementing and approved by the corrections director. The supersedes all existing inconsistent statutes. corrections director shall make all state re- This section shall become effective April 1, cords available for public scrutiny and the 1995. If any part of this section or its appli- records shall be subject to audit by the Sec- cation to any person or circumstance is held retary of State. to be invalid for any reason, then the re-

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maining parts or applications to any persons (f) The right to be consulted, upon re- or circumstances shall not be affected but quest, regarding plea negotiations involving shall remain in full force and effect. [Created any violent felony; and through initiative petition filed Jan. 12, 1994, and adopted by the people Nov. 8, 1994; Amendment pro- (g) The right to be informed of these posed by H.J.R. 2, 1997, and adopted by the people May rights as soon as practicable. 20, 1997; Amendment proposed by H.J.R. 82, 1999, and adopted by the people Nov. 2, 1999] (2) This section applies to all criminal Note: Added to Article I as unnumbered section by and juvenile court delinquency proceedings initiative petition (Measure No. 17, 1994) adopted by the pending or commenced on or after the effec- people Nov. 8, 1994. tive date of this section. Nothing in this Note: An initiative petition (Measure No. 40, 1996) section reduces a criminal defendant’s rights proposed adding a new section relating to crime victims’ under the Constitution of the United States. rights to the Oregon Constitution. That section, ap- Except as otherwise specifically provided, pearing as section 42 of Article I in previous editions of this Constitution, was declared void for not being this section supersedes any conflicting sec- enacted in compliance with section 1, Article XVII of tion of this Constitution. Nothing in this this Constitution. See Armatta v. Kitzhaber, 327 Or. 250, section is intended to create any cause of 959 P.2d 49 (1998). action for compensation or damages nor may Section 42. Rights of victim in crimi- this section be used to invalidate an accusa- nal prosecutions and juvenile court de- tory instrument, conviction or adjudication linquency proceedings. (1) To preserve and or otherwise terminate any criminal or juve- protect the right of crime victims to justice, nile delinquency proceedings at any point af- to ensure crime victims a meaningful role in ter the case is commenced or on appeal. the criminal and juvenile justice systems, to Except as otherwise provided in subsections accord crime victims due dignity and respect (3) and (4) of this section, nothing in this and to ensure that criminal and juvenile section may be used to invalidate a ruling of court delinquency proceedings are conducted a court or to suspend any criminal or juve- to seek the truth as to the defendant’s inno- nile delinquency proceedings at any point af- cence or guilt, and also to ensure that a fair ter the case is commenced. balance is struck between the rights of crime victims and the rights of criminal defendants (3)(a) Every victim described in para- in the course and conduct of criminal and graph (c) of subsection (6) of this section juvenile court delinquency proceedings, the shall have remedy by due course of law for following rights are hereby granted to vic- violation of a right established in this sec- tims in all prosecutions for crimes and in tion. juvenile court delinquency proceedings: (b) A victim may assert a claim for a (a) The right to be present at and, upon right established in this section in a pending specific request, to be informed in advance case, by a mandamus proceeding if no case of any critical stage of the proceedings held is pending or as otherwise provided by law. in open court when the defendant will be (c) The Legislative Assembly may provide present, and to be heard at the pretrial re- by law for further effectuation of the pro- lease hearing and the sentencing or juvenile visions of this subsection, including authori- court delinquency disposition; zation for expedited and interlocutory (b) The right, upon request, to obtain in- consideration of claims for relief and the es- formation about the conviction, sentence, tablishment of reasonable limitations on the imprisonment, criminal history and future time allowed for bringing such claims. release from physical custody of the criminal (d) No claim for a right established in defendant or convicted criminal and equiv- this section shall suspend a criminal or ju- alent information regarding the alleged youth offender or youth offender; venile delinquency proceeding if such a suspension would violate a right of a criminal (c) The right to refuse an interview, de- defendant guaranteed by this Constitution or position or other discovery request by the the Constitution of the United States. criminal defendant or other person acting on behalf of the criminal defendant provided, (4) Upon the victim’s request, the prose- however, that nothing in this paragraph shall cuting attorney, in the attorney’s discretion, restrict any other constitutional right of the may assert and enforce a right established in defendant to discovery against the state; this section. (d) The right to receive prompt restitu- (5) Upon the filing by the prosecuting tion from the convicted criminal who caused attorney of an affidavit setting forth cause, the victim’s loss or injury; a court shall suspend the rights established (e) The right to have a copy of a tran- in this section in any case involving organ- script of any court proceeding in open court, ized crime or victims who are minors. if one is otherwise prepared; (6) As used in this section:

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(a) “Convicted criminal” includes a youth victimization to the victim or members of the offender in juvenile court delinquency pro- public by the criminal defendant while on ceedings. release. (b) “Criminal defendant” includes an al- (2) This section applies to proceedings leged youth offender in juvenile court delin- pending or commenced on or after the effec- quency proceedings. tive date of this section. Nothing in this (c) “Victim” means any person deter- section abridges any right of the criminal mined by the prosecuting attorney or the defendant guaranteed by the Constitution of court to have suffered direct financial, psy- the United States, including the rights to be chological or physical harm as a result of a represented by counsel, have counsel ap- crime and, in the case of a victim who is a pointed if indigent, testify, present witnesses, minor, the legal guardian of the minor. cross-examine witnesses or present information at the release hearing. Nothing in this (d) “Violent felony” means a felony in section creates any cause of action for com- which there was actual or threatened serious pensation or damages nor may this section physical injury to a victim or a felony sexual be used to invalidate an accusatory instru- offense. ment, conviction or adjudication or other- (7) In the event that no person has been wise terminate any criminal or juvenile determined to be a victim of the crime, the delinquency proceeding at any point after the people of Oregon, represented by the prose- case is commenced or on appeal. Except as cuting attorney, are considered to be the otherwise provided in paragraph (b) of sub- victims. In no event is it intended that the section (4) of this section and in subsection criminal defendant be considered the victim. (5) of this section, nothing in this section [Created through H.J.R. 87, 1999, and adopted by the may be used to invalidate a ruling of a court people Nov. 2, 1999; Amendment proposed by H.J.R. 49, or to suspend any criminal or juvenile delin- 2007, and adopted by the people May 20, 2008] quency proceedings at any point after the Note: The effective date of House Joint Resolu- case is commenced. Except as otherwise tions 87, 89, 90 and 94, compiled as sections 42, 43, 44 specifically provided, this section supersedes and 45, Article I, is Dec. 2, 1999. any conflicting section of this Constitution. Note: Sections 42, 43, 44 and 45, were added to Article I as unnumbered sections by the amendments (3) As used in this section: proposed by House Joint Resolutions 87, 89, 90 and 94, (a) “Victim” means any person deter- 1999, and adopted by the people Nov. 2, 1999. mined by the prosecuting attorney or the Section 43. Rights of victim and public court to have suffered direct financial, psy- to protection from accused person during chological or physical harm as a result of a criminal proceedings; denial of pretrial crime and, in the case of a victim who is a release. (1) To ensure that a fair balance is minor, the legal guardian of the minor. struck between the rights of crime victims (b) “Violent felony” means a felony in and the rights of criminal defendants in the which there was actual or threatened serious course and conduct of criminal proceedings, physical injury to a victim or a felony sexual the following rights are hereby granted to offense. victims in all prosecutions for crimes: (4)(a) The prosecuting attorney is the (a) The right to be reasonably protected party authorized to assert the rights of the from the criminal defendant or the convicted public established by this section. criminal throughout the criminal justice process and from the alleged youth offender (b) Upon the victim’s request, the prose- or youth offender throughout the juvenile cuting attorney, in the attorney’s discretion, delinquency proceedings. may assert and enforce a right established in this section. (b) The right to have decisions by the (5)(a) Every victim described in para- court regarding the pretrial release of a graph (a) of subsection (3) of this section criminal defendant based upon the principle shall have remedy by due course of law for of reasonable protection of the victim and violation of a right established in this sec- the public, as well as the likelihood that the tion. criminal defendant will appear for trial. Murder, aggravated murder and treason shall (b) A victim may assert a claim for a not be bailable when the proof is evident or right established in this section in a pending the presumption strong that the person is case, by a mandamus proceeding if no case guilty. Other violent felonies shall not be is pending or as otherwise provided by law. bailable when a court has determined there (c) The Legislative Assembly may provide is probable cause to believe the criminal de- by law for further effectuation of the pro- fendant committed the crime, and the court visions of this subsection, including authori- finds, by clear and convincing evidence, that zation for expedited and interlocutory there is danger of physical injury or sexual consideration of claims for relief and the es-

Oregon Constitution Page 9 (2020 Edition) Art. I§44 CONSTITUTION OF OREGON

tablishment of reasonable limitations on the cuting attorney, are considered to be the time allowed for bringing such claims. victims. In no event is it intended that the (d) No claim for a right established in criminal defendant be considered the victim. [Created through H.J.R. 94, 1999, and adopted by the this section shall suspend a criminal or ju- people Nov. 2, 1999] venile delinquency proceeding if such a suspension would violate a right of a criminal Note: See notes under section 42 of this Article. defendant or alleged youth offender guaran- Section 45. Person convicted of cer- teed by this Constitution or the Constitution tain crimes not eligible to serve as juror of the United States. on grand jury or trial jury in criminal (6) In the event that no person has been case. (1) In all grand juries and in all prose- determined to be a victim of the crime, the cutions for crimes tried to a jury, the jury people of Oregon, represented by the prose- shall be composed of persons who have not cuting attorney, are considered to be the been convicted: victims. In no event is it intended that the (a) Of a felony or served a felony sen- criminal defendant be considered the victim. tence within the 15 years immediately pre- [Created through H.J.R. 90, 1999, and adopted by the ceding the date the persons are required to people Nov. 2, 1999; Amendment proposed by H.J.R. 50, report for jury duty; or 2007, and adopted by the people May 20, 2008] (b) Of a misdemeanor involving violence Note: See notes under section 42 of this Article. or dishonesty or served a sentence for a Section 44. Term of imprisonment misdemeanor involving violence or dishon- imposed by court to be fully served; ex- esty within the five years immediately pre- ceptions. (1)(a) A term of imprisonment im- ceding the date the persons are required to posed by a judge in open court may not be report for jury duty. set aside or otherwise not carried out, except (2) This section applies to all criminal as authorized by the sentencing court or proceedings pending or commenced on or af- through the subsequent exercise of: ter the effective date of this section, except (A) The power of the Governor to grant a criminal proceeding in which a jury has reprieves, commutations and pardons; or been impaneled and sworn on the effective date of this section. Nothing in this section (B) Judicial authority to grant appellate reduces a criminal defendant’s rights under or post-conviction relief. the Constitution of the United States. Except (b) No law shall limit a court’s authority as otherwise specifically provided, this sec- to sentence a criminal defendant consec- tion supersedes any conflicting section of utively for crimes against different victims. this Constitution. Nothing in this section is intended to create any cause of action for (2) This section applies to all offenses compensation or damages nor may this sec- committed on or after the effective date of tion be used to disqualify a jury, invalidate this section. Nothing in this section reduces an accusatory instrument, ruling of a court, a criminal defendant’s rights under the Con- conviction or adjudication or otherwise sus- stitution of the United States. Except as pend or terminate any criminal proceeding otherwise specifically provided, this section at any point after a jury is impaneled and supersedes any conflicting section of this sworn or on appeal. [Created through H.J.R. 89, Constitution. Nothing in this section creates 1999, and adopted by the people Nov. 2, 1999] any cause of action for compensation or damages nor may this section be used to in- Note: See notes under section 42 of this Article. validate an accusatory instrument, ruling of Section 46. Prohibition on denial or a court, conviction or adjudication or other- abridgment of rights on account of sex. wise suspend or terminate any criminal or (1) Equality of rights under the law shall not juvenile delinquency proceedings at any be denied or abridged by the State of Oregon point after the case is commenced or on ap- or by any political subdivision in this state peal. on account of sex. (3) As used in this section, “victim” (2) The Legislative Assembly shall have means any person determined by the prose- the power to enforce, by appropriate legis- cuting attorney to have suffered direct fi- lation, the provisions of this section. nancial, psychological or physical harm as a (3) Nothing in this section shall diminish result of a crime and, in the case of a victim a right otherwise available to persons under who is a minor, the legal guardian of the section 20 of this Article or any other pro- minor. In the event no person has been de- vision of this Constitution. [Created through in- termined to be a victim of the crime, the itiative petition filed Oct. 24, 2013, and adopted by the people of Oregon, represented by the prose- people Nov. 4, 2014]

Oregon Constitution Page 10 (2020 Edition) CONSTITUTION OF OREGON Art. II§8

ARTICLE II 41, 1973, and adopted by the people Nov. 5, 1974; SUFFRAGE AND ELECTIONS Amendment proposed by initiative petition filed July 20, 1986, and adopted by the people Nov. 4, 1986; Amend- ment proposed by H.J.R. 4, 2007, and adopted by the Sec. 1. Elections free people Nov. 4, 2008] 2. Qualifications of electors 3. Rights of certain electors Note: The leadline to section 2 was a part of the 4. Residence measure submitted to the people by initiative petition 5. Soldiers, seamen and marines; residence; (Measure No. 13, 1986) and adopted by the people Nov. right to vote 4, 1986. 7. Bribery at elections Section 3. Rights of certain electors. 8. Regulation of elections; limits on contributions and expenditures; required disclosures A person suffering from a mental handicap 9. Penalty for dueling is entitled to the full rights of an elector, if 10. Lucrative offices; holding other offices for- otherwise qualified, unless the person has bidden been adjudicated incompetent to vote as pro- 11. When collector or holder of public moneys vided by law. The privilege of an elector, ineligible to office 12. Temporary appointments to office upon conviction of any crime which is pun- 13. Privileges of electors ishable by imprisonment in the penitentiary, 14. Time of holding elections and assuming du- shall be forfeited, unless otherwise provided ties of office by law. [Constitution of 1859; Amendment proposed 14a. Time of holding elections in incorporated by S.J.R. 9, 1943, and adopted by the people Nov. 7, cities and towns 1944; Amendment proposed by S.J.R. 26, 1979, and 15. Method of voting in legislature adopted by the people Nov. 4, 1980] 16. Election by plurality; proportional representation Section 4. Residence. For the purpose 17. Place of voting of voting, no person shall be deemed to have 18. Recall; meaning of words “the legislative assembly shall provide” gained, or lost a residence, by reason of his 22. Political campaign contribution limitations presence, or absence while employed in the 23. Approval by more than majority required for service of the United States, or of this State; certain measures submitted to people nor while engaged in the navigation of the 24. Death of candidate prior to election waters of this State, or of the United States, Section 1. Elections free. All elections or of the high seas; nor while a student of shall be free and equal. — any Seminary of Learning; nor while kept at Section 2. Qualifications of electors. any alms house, or other assylum [sic], at (1) Every citizen of the United States is en- public expence [sic]; nor while confined in titled to vote in all elections not otherwise any public prison. — provided for by this Constitution if such cit- Section 5. Soldiers, seamen and ma- izen: rines; residence; right to vote. No soldier, (a) Is 18 years of age or older; seaman, or marine in the Army, or Navy of the United States, or of their allies, shall be (b) Has resided in this state during the deemed to have acquired a residence in the six months immediately preceding the state, in consequence of having been sta- election, except that provision may be made tioned within the same; nor shall any such by law to permit a person who has resided in soldier, seaman, or marine have the right to this state less than 30 days immediately pre- vote. — ceding the election, but who is otherwise qualified under this subsection, to vote in the Section 6. Right of suffrage for certain persons. [Constitution of 1859; Repeal proposed by H.J.R. 4, 1927, election for candidates for nomination or and adopted by the people June 28, 1927] election for President or Vice President of the United States or elector of President and Section 7. Bribery at elections. Every Vice President of the United States; and person shall be disqualified from holding of- (c) Is registered not less than 20 calendar fice, during the term for which he may have days immediately preceding any election in been elected, who shall have given, or offered the manner provided by law. a bribe, threat, or reward to procure his election. — (2) Provision may be made by law to require that persons who vote upon questions Section 8. Regulation of elections; of levying special taxes or issuing public limits on contributions and expenditures; bonds shall be taxpayers. [Constitution of 1859; required disclosures. (1) The Legislative Amendment proposed by initiative petition filed Dec. 20, Assembly shall enact laws to support the 1910, and adopted by the people Nov. 5, 1912; Amend- privilege of free suffrage, prescribing the ment proposed by S.J.R. 6, 1913, and adopted by the manner of regulating, and conducting elec- people Nov. 3, 1914; Amendment proposed by S.J.R. 6, 1923, and adopted by the people Nov. 4, 1924; Amend- tions, and prohibiting under adequate penal- ment proposed by H.J.R. 7, 1927, and adopted by the ties, all undue influence therein, from power, people June 28, 1927; Amendment proposed by H.J.R. bribery, tumult, and other improper conduct. 5, 1931, and adopted by the people Nov. 8, 1932; Amendment proposed by H.J.R. 26, 1959, and adopted by (2) The Legislative Assembly, the gov- the people Nov. 8, 1960; Amendment proposed by H.J.R. erning body of a city, county, municipality

Oregon Constitution Page 11 (2020 Edition) Art. II§9 CONSTITUTION OF OREGON

or district empowered by law or by this to law, all sums for which he may be Constitution to enact legislation, or the peo- liable. — ple through the initiative process, may enact laws or ordinances within its jurisdiction Section 12. Temporary appointments that: to office. In all cases, in which it is provided that an office shall not be filled by the same (a) Limit contributions made in con- person, more than a certain number of years nection with political campaigns or to influ- continuously, an appointment pro tempore ence the outcome of any election in a shall not be reckoned a part of that term. — manner that does not prevent candidates and political committees from gathering the re- Section 13. Privileges of electors. In sources necessary for effective advocacy; all cases, except treason, felony, and breach of the peace, electors shall be free from ar- (b) Require the disclosure of contrib- rest in going to elections, during their at- utions or expenditures made in connection tendance there, and in returning from the with political campaigns or to influence the same; and no elector shall be obliged to do outcome of any election; duty in the Militia on any day of election, (c) Require that an advertisement made except in time of war, or public danger. — in connection with a political campaign or to Section 14. Time of holding elections influence the outcome of any election iden- and assuming duties of office. The regular tify the persons or entities that paid for the general biennial election in Oregon for the advertisement; and year A. D. 1910 and thereafter shall be held (d) Limit expenditures made in con- on the first Tuesday after the first Monday nection with political campaigns or to influ- in November. All officers except the Gover- ence the outcome of any election to the nor, elected for a six year term in 1904 or for extent permitted under the Constitution of a four year term in 1906 or for a two year the United States. term in 1908 shall continue to hold their re- (3) Subsection (2) of this section applies spective offices until the first Monday in to laws and ordinances enacted by the Leg- January, 1911; and all officers, except the islative Assembly or the governing body of a Governor elected at any regular general bi- city, county, municipality or district, or en- ennial election after the adoption of this acted or approved by the people through the amendment shall assume the duties of their initiative process, on or after January 1, respective offices on the first Monday in 2016. [Constitution of 1859; Amendment proposed by January following such election. All laws S.J.R. 18, 2019, and adopted by the people Nov. 3, 2020] pertaining to the nomination of candidates, registration of voters and all other things Section 9. Penalty for dueling. Every incident to the holding of the regular bien- person who shall give, or accept a challenge nial election shall be enforced and be ef- to fight a duel, or who shall knowingly carry fected the same number of days before the to another person such challenge, or who first Tuesday after the first Monday in No- shall agree to go out of the State to fight a vember that they have heretofore been before duel, shall be ineligible to any office of trust, the first Monday in June biennially, except or profit. — as may hereafter be provided by law. [Constitution of 1859; Amendment proposed by H.J.R. 7, Section 10. Lucrative offices; holding 1907, and adopted by the people June 1, 1908] other offices forbidden. No person holding a lucrative office, or appointment under the Section 14a. Time of holding elections United States, or under this State, shall be in incorporated cities and towns. Incorpo- eligible to a seat in the Legislative Assembly; rated cities and towns shall hold their nomi- nor shall any person hold more than one lu- nating and regular elections for their several crative office at the same time, except as in elective officers at the same time that the this Constition [sic] expressly permitted; primary and general biennial elections for Provided, that Officers in the Militia, to State and county officers are held, and the which there is attached no annual salary, election precincts and officers shall be the same for all elections held at the same time. and the Office of Post Master, where the All provisions of the charters and ordinances compensation does not exceed One Hundred of incorporated cities and towns pertaining Dollars per annum, shall not be deemed lu- to the holding of elections shall continue in crative. — full force and effect except so far as they re- Section 11. When collector or holder late to the time of holding such elections. of public moneys ineligible to office. No Every officer who, at the time of the adop- person who may hereafter be a collector, or tion of this amendment, is the duly qualified holder of public moneys, shall be eligible to incumbent of an elective office of an incor- any office of trust or profit, until he shall porated city or town shall hold his office for have accounted for, and paid over according the term for which he was elected and until

Oregon Constitution Page 12 (2020 Edition) CONSTITUTION OF OREGON Art. II§18 his successor is elected and qualified. The (3) They shall set forth in the petition Legislature, and cities and towns, shall enact the reasons for the demand. such supplementary legislation as may be (4) If the public officer offers to resign, necessary to carry the provisions of this the resignation shall be accepted and take amendment into effect. [Created through H.J.R. 22, 1917, and adopted by the people June 4, 1917] effect on the day it is offered, and the vacancy shall be filled as may be provided by Section 15. Method of voting in legis- law. If the public officer does not resign lature. In all elections by the Legislative within five days after the petition is filed, a Assembly, or by either branch thereof, votes special election shall be ordered to be held shall be given openly or viva voce, and not within 35 days in the electoral district to by ballot, forever; and in all elections by the determine whether the people will recall the people, votes shall be given openly, or viva officer. voce, until the Legislative Assembly shall (5) On the ballot at the election shall be otherwise direct. — printed in not more than 200 words the rea- Section 16. Election by plurality; pro- sons for demanding the recall of the officer portional representation. In all elections as set forth in the recall petition, and, in not authorized by this constitution until other- more than 200 words, the officer’s justifica- wise provided by law, the person or persons tion of the officer’s course in office. The of- receiving the highest number of votes shall ficer shall continue to perform the duties of be declared elected, but provision may be office until the result of the special election made by law for elections by equal propor- is officially declared. If an officer is recalled tional representation of all the voters for ev- from any public office the vacancy shall be ery office which is filled by the election of filled immediately in the manner provided by two or more persons whose official duties, law for filling a vacancy in that office arising rights and powers are equal and concurrent. from any other cause. Every qualified elector resident in his pre- (6) The recall petition shall be filed with cinct and registered as may be required by the officer with whom a petition for nomi- law, may vote for one person under the title nation to such office should be filed, and the for each office. Provision may be made by same officer shall order the special election law for the voter’s direct or indirect ex- when it is required. No such petition shall pression of his first, second or additional be circulated against any officer until the choices among the candidates for any office. officer has actually held the office six For an office which is filled by the election months, save and except that it may be filed of one person it may be required by law that against a senator or representative in the the person elected shall be the final choice legislative assembly at any time after five of a majority of the electors voting for can- days from the beginning of the first session didates for that office. These principles may after the election of the senator or represen- be applied by law to nominations by political tative. parties and organizations. [Constitution of 1859; Amendment proposed by initiative petition filed Jan. 29, (7) After one such petition and special 1908, and adopted by the people June 1, 1908] election, no further recall petition shall be Section 17. Place of voting. All quali- filed against the same officer during the term fied electors shall vote in the election pre- for which the officer was elected unless such cinct in the County where they may reside, further petitioners first pay into the public for County Officers, and in any County in treasury which has paid such special election the State for State Officers, or in any County expenses, the whole amount of its expenses of a Congressional District in which such for the preceding special election. electors may reside, for Members of Con- (8) Such additional legislation as may aid gress. — the operation of this section shall be pro- Section 18. Recall; meaning of words vided by the legislative assembly, including “the legislative assembly shall provide.” provision for payment by the public treasury (1) Every public officer in Oregon is subject, of the reasonable special election campaign as herein provided, to recall by the electors expenses of such officer. But the words, “the of the state or of the electoral district from legislative assembly shall provide,” or any which the public officer is elected. similar or equivalent words in this constitution or any amendment thereto, shall not be (2) Fifteen per cent, but not more, of the construed to grant to the legislative assem- number of electors who voted for Governor bly any exclusive power of lawmaking nor in in the officer’s electoral district at the most recent election at which a candidate for any way to limit the initiative and referendum powers reserved by the people. [Created Governor was elected to a full term, may be through initiative petition filed Jan. 29, 1908, and required to file their petition demanding the adopted by the people June 1, 1908; Amendment pro- officer’s recall by the people. posed by S.J.R. 16, 1925, and adopted by the people

Oregon Constitution Page 13 (2020 Edition) Art. II§22 CONSTITUTION OF OREGON

Nov. 2, 1926; Amendment proposed by H.J.R. 1, 1983, and proposed amendment as “SECTION 1.,” “SECTION 2.,” adopted by the people Nov. 6, 1984] “SECTION 3.” and “SECTION 4.,” respectively. Note: “Recall.” constituted the leadline to section Section 23. Approval by more than 18 and was a part of the measure submitted to the people by S.J.R. 16, 1925. majority required for certain measures submitted to people. (1) Any measure that Note: An initiative petition (Measure No. 3, 1992) proposed adding new sections relating to term limits to includes any proposed requirement for more the Oregon Constitution. Those sections, appearing as than a majority of votes cast by the sections 19, 20 and 21 of Article II in previous editions electorate to approve any change in law or of this Constitution, were declared void for not being government action shall become effective enacted in compliance with section 1, Article XVII of only if approved by at least the same per- this Constitution. See Lehman v. Bradbury, 333 Or. 231, 37 P.3d 989 (2002). centage of voters specified in the proposed voting requirement. Section 22. Political campaign contribution limitations. Section (1) For pur- (2) For the purposes of this section, poses of campaigning for an elected public “measure” includes all initiatives and all office, a candidate may use or direct only measures referred to the voters by the Leg- contributions which originate from individ- islative Assembly. uals who at the time of their donation were (3) The requirements of this section apply residents of the electoral district of the pub- to all measures presented to the voters at the lic office sought by the candidate, unless the November 3, 1998 election and thereafter. contribution consists of volunteer time, in- (4) The purpose of this section is to pre- formation provided to the candidate, or fund- vent greater-than-majority voting require- ing provided by federal, state, or local ments from being imposed by only a majority government for purposes of campaigning for of the voters. [Created through initiative petition an elected public office. filed Jan. 15, 1998, and adopted by the people Nov. 3, Section (2) Where more than ten percent 1998] (10%) of a candidate’s total campaign fund- Note: Added as unnumbered section to the Consti- tution but not to any Article therein by initiative peti- ing is in violation of Section (1), and the tion (Measure No. 63, 1998) adopted by the people Nov. candidate is subsequently elected, the elected 3, 1998. official shall forfeit the office and shall not Note: An initiative petition (Measure No. 62, 1998) hold a subsequent elected public office for a proposed adding new sections and a subsection relating period equal to twice the tenure of the office to political campaigns to the Oregon Constitution. sought. Where more than ten percent (10%) Those sections, appearing as sections 24 to 32 of Article II and sections 1 (6), 1b and 1c of Article IV in previous of a candidate’s total campaign funding is in editions of this Constitution, were declared void for not violation of Section (1) and the candidate is being enacted in compliance with section 1, Article XVII not elected, the unelected candidate shall not of this Constitution. See Swett v. Bradbury, 333 Or. 597, hold a subsequent elected public office for a 43 P.3d 1094 (2002). period equal to twice the tenure of the office Section 24. Death of candidate prior sought. to election. When any vacancy occurs in the Section (3) A qualified donor (an individ- nomination of a candidate for elective public ual who is a resident within the electoral office in this state, and the vacancy is due district of the office sought by the candidate) to the death of the candidate, the Legislative shall not contribute to a candidate’s cam- Assembly may provide by law that: paign any restricted contributions of Section (1) The regularly scheduled election for (1) received from an unqualified donor for that public office may be postponed; the purpose of contributing to a candidate’s campaign for elected public office. An un- (2) The public office may be filled at a qualified donor (an entity which is not an subsequent election; and individual and who is not a resident of the (3) Votes cast for candidates for the pub- electoral district of the office sought by the lic office at the regularly scheduled election candidate) shall not give any restricted con- may not be considered. [Created through S.J.R. tributions of Section (1) to a qualified donor 19, 2003, and adopted by the people Nov. 2, 2004] for the purpose of contributing to a candidate’s campaign for elected public office. ARTICLE III Section (4) A violation of Section (3) DISTRIBUTION OF POWERS shall be an unclassified felony. [Created through initiative petition filed Jan. 25, 1993, and adopted by the people Nov. 8, 1994] Sec. 1. Separation of powers 2. Budgetary control over executive and ad- Note: An initiative petition (Measure No. 6, 1994) ministrative officers and agencies adopted by the people Nov. 8, 1994, proposed a consti- 3. Joint legislative committee to allocate emer- tutional amendment as an unnumbered section. Section gency fund appropriations and to authorize 22 sections (1), (2), (3) and (4) were designated in the expenditures beyond budgetary limits

Oregon Constitution Page 14 (2020 Edition) CONSTITUTION OF OREGON Art. IV

4. Senate, confirmation of executive appoint- (2) The Legislative Assembly shall pre- ments scribe by law what shall constitute an emer- Section 1. Separation of powers. The gency for the purposes of this section. powers of the Government shall be divided (3) As used in this section, “state into three separate branches, the Legislative, agency” means any elected or appointed offi- the Executive, including the administrative, cer, board, commission, department, institu- and the Judicial; and no person charged with tion, branch or other agency of the state official duties under one of these branches, government. shall exercise any of the functions of another, except as in this Constitution ex- (4) The term of members of the joint pressly provided. [Constitution of 1859; Amendment committee established pursuant to this sec- proposed by H.J.R. 44, 2011, and adopted by the people tion shall run from the adjournment of one Nov. 6, 2012] odd-numbered year regular session to the or- Section 2. Budgetary control over ganization of the next odd-numbered year executive and administrative officers and regular session. No member of a committee agencies. The Legislative Assembly shall shall cease to be such member solely by rea- have power to establish an agency to exer- son of the expiration of his term of office as a member of the Legislative Assembly. cise budgetary control over all executive and [Created through S.J.R. 24, 1951, and adopted by the administrative state officers, departments, people Nov. 4, 1952; Amendment proposed by S.J.R. 41, boards, commissions and agencies of the 2010, and adopted by the people Nov. 2, 2010] State Government. [Created through S.J.R. 24, Note: Section 3 was designated as “Sec. 2” by 1951, and adopted by the people Nov. 4, 1952] S.J.R. 24, 1951, and adopted by the people Nov. 4, 1952. Note: Section 2 was designated as “Sec. 1” by S.J.R. 24, 1951, and adopted by the people Nov. 4, 1952. Section 4. Senate confirmation of executive appointments. (1) The Legisla- Section 3. Joint legislative committee tive Assembly in the manner provided by law to allocate emergency fund appropri- may require that all appointments and reap- ations and to authorize expenditures be- pointments to state public office made by the yond budgetary limits. (1) The Legislative Governor shall be subject to confirmation by Assembly is authorized to establish by law a the Senate. joint committee composed of members of both houses of the Legislative Assembly, the (2) The appointee shall not be eligible to membership to be as fixed by law, which serve until confirmed in the manner required committee may exercise, during the interim by law and if not confirmed in that manner, between sessions of the Legislative Assem- shall not be eligible to serve in the public bly, such of the following powers as may be office. conferred upon it by law: (3) In addition to appointive offices, the (a) Where an emergency exists, to allo- provisions of this section shall apply to any cate to any state agency, out of any emer- state elective office when the Governor is gency fund that may be appropriated to the authorized by law or this Constitution to fill committee for that purpose, additional funds any vacancy therein, except the office of beyond the amount appropriated to the judge of any court, United States Senator or agency by the Legislative Assembly, or funds Representative and a district, county or precinct office. [Created through S.J.R. 20, 1977, and to carry on an activity required by law for adopted by the people Nov. 7, 1978] which an appropriation was not made. (b) Where an emergency exists, to authorize any state agency to expend, from funds dedicated or continuously appropriated ARTICLE IV for the uses and purposes of the agency, LEGISLATIVE BRANCH sums in excess of the amount of the budget of the agency as approved in accordance with Sec. 1. Legislative power; initiative and referendum law. 1b. Payment for signatures (c) In the case of a new activity coming 2. Number of Senators and Representatives 3. How Senators and Representatives chosen; into existence at such a time as to preclude filling vacancies; qualifications the possibility of submitting a budget to the 4. Term of office of legislators; classification of Legislative Assembly for approval, to ap- Senators prove, or revise and approve, a budget of the 6. Apportionment of Senators and Represen- money appropriated for such new activity. tatives; operative date 7. Senatorial districts; senatorial and represen- (d) Where an emergency exists, to revise tative subdistricts or amend the budgets of state agencies to the 8. Qualification of Senators and Represen- tatives; effect of felony conviction extent of authorizing transfers between ex- 9. Legislators free from arrest and not subject penditure classifications within the budget to civil process in certain cases; words ut- of an agency. tered in debate

Oregon Constitution Page 15 (2020 Edition) Art. IV§1 CONSTITUTION OF OREGON

10. Annual regular sessions of the Legislative (e) An initiative petition shall be filed Assembly; organizational session; extensions not less than four months before the election of regular sessions 10a. Emergency sessions of the Legislative As- at which the proposed law or amendment to sembly the Constitution is to be voted upon. 11. Legislative officers; rules of proceedings; adjournments (3)(a) The people reserve to themselves 12. Quorum; failure to effect organization the referendum power, which is to approve 13. Journal; when yeas and nays to be entered or reject at an election any Act, or part 14. Deliberations to be open; rules to implement thereof, of the Legislative Assembly that requirement does not become effective earlier than 90 15. Punishment and expulsion of members 16. Punishment of nonmembers days after the end of the session at which 17. General powers of Legislative Assembly the Act is passed. 18. Where bills to originate 19. Reading of bills; vote on final passage (b) A referendum on an Act or part 20. Subject and title of Act thereof may be ordered by a petition signed 21. Acts to be plainly worded by a number of qualified voters equal to four 22. Mode of revision and amendment percent of the total number of votes cast for 23. Certain local and special laws prohibited all candidates for Governor at the election 24. Suit against state 25. Majority necessary to pass bills and resolu- at which a Governor was elected for a term tions; special requirements for bills raising of four years next preceding the filing of the revenue; signatures of presiding officers re- petition. A referendum petition shall be filed quired not more than 90 days after the end of the 26. Protest by member 27. All statutes public laws; exceptions session at which the Act is passed. 28. When Act takes effect (c) A referendum on an Act may be or- 29. Compensation of members dered by the Legislative Assembly by law. 30. Members not eligible to other offices 31. Oath of members Notwithstanding section 15b, Article V of 32. Income tax defined by federal law; review of this Constitution, bills ordering a referendum tax laws required and bills on which a referendum is ordered 33. Reduction of criminal sentences approved by are not subject to veto by the Governor. initiative or referendum process (4)(a) Petitions or orders for the initiative Section 1. Legislative power; initiative or referendum shall be filed with the Secre- and referendum. (1) The legislative power tary of State. The Legislative Assembly shall of the state, except for the initiative and provide by law for the manner in which the referendum powers reserved to the people, is Secretary of State shall determine whether vested in a Legislative Assembly, consisting a petition contains the required number of of a Senate and a House of Representatives. signatures of qualified voters. The Secretary (2)(a) The people reserve to themselves of State shall complete the verification proc- the initiative power, which is to propose laws ess within the 30-day period after the last and amendments to the Constitution and en- day on which the petition may be filed as act or reject them at an election independ- provided in paragraph (e) of subsection (2) or ently of the Legislative Assembly. paragraph (b) of subsection (3) of this sec- (b) An initiative law may be proposed tion. only by a petition signed by a number of (b) Initiative and referendum measures qualified voters equal to six percent of the shall be submitted to the people as provided total number of votes cast for all candidates in this section and by law not inconsistent for Governor at the election at which a therewith. Governor was elected for a term of four (c) All elections on initiative and refer- years next preceding the filing of the peti- endum measures shall be held at the regular tion. general elections, unless otherwise ordered (c) An initiative amendment to the Con- by the Legislative Assembly. stitution may be proposed only by a petition (d) Notwithstanding section 1, Article signed by a number of qualified voters equal XVII of this Constitution, an initiative or to eight percent of the total number of votes referendum measure becomes effective 30 cast for all candidates for Governor at the days after the day on which it is enacted or election at which a Governor was elected for approved by a majority of the votes cast a term of four years next preceding the filing thereon. A referendum ordered by petition on of the petition. a part of an Act does not delay the remain- (d) An initiative petition shall include der of the Act from becoming effective. the full text of the proposed law or amend- (5) The initiative and referendum powers ment to the Constitution. A proposed law or reserved to the people by subsections (2) and amendment to the Constitution shall em- (3) of this section are further reserved to the brace one subject only and matters properly qualified voters of each municipality and connected therewith. district as to all local, special and municipal

Oregon Constitution Page 16 (2020 Edition) CONSTITUTION OF OREGON Art. IV§4 legislation of every character in or for their of thirty four members, which number shall municipality or district. The manner of exer- not be increased until the year Eighteen cising those powers shall be provided by Hundred and Sixty, after which time the general laws, but cities may provide the Legislative Assembly may increase the num- manner of exercising those powers as to ber of Senators and Representatives, always their municipal legislation. In a city, not keeping as near as may be the same ratio as more than 15 percent of the qualified voters to the number of Senators, and Represen- may be required to propose legislation by the tatives: Provided that the Senate shall never initiative, and not more than 10 percent of exceed thirty and the House of Represen- the qualified voters may be required to order tatives sixty members. — a referendum on legislation. [Created through H.J.R. 16, 1967, and adopted by the people May 28, 1968 Section 3. How Senators and Repre- (this section adopted in lieu of former sections 1 and 1a sentatives chosen; filling vacancies; qual- of this Article); Amendment proposed by S.J.R. 27, 1985, ifications. (1) The senators and and adopted by the people May 20, 1986; Amendment representatives shall be chosen by the elec- proposed by S.J.R. 3, 1999, and adopted by the people tors of the respective counties or districts or May 16, 2000] subdistricts within a county or district into Note: An initiative petition (Measure No. 62, 1998) which the state may from time to time be proposed adding new sections and a subsection relating to political campaigns to the Oregon Constitution. divided by law. Those sections, appearing as sections 24 to 32 of Article (2)(a) If a vacancy occurs in the office of II and sections 1 (6), 1b and 1c of Article IV in previous senator or representative from any county or editions of this Constitution, were declared void for not being enacted in compliance with section 1, Article XVII district or subdistrict, the vacancy shall be of this Constitution. See Swett v. Bradbury, 333 Or. 597, filled as may be provided by law. 43 P.3d 1094 (2002). (b) Except as provided in paragraph (c) Section 1. Legislative authority vested in as- of this subsection, a person who is appointed sembly; initiative and referendum; style of bills. to fill a vacancy in the office of senator or [Constitution of 1859; Amendment proposed by H.J.R. 1, 1901, and adopted by the people June 2, 1902; Amend- representative must be an inhabitant of the ment proposed by S.J.R. 6, 1953, and adopted by the district the person is appointed to represent people Nov. 2, 1954; Repeal proposed by H.J.R. 16, 1967, for at least one year next preceding the date and adopted by the people May 28, 1968 (present section of the appointment. 1 of this Article adopted in lieu of this section)] (c) For purposes of an appointment oc- Section 1a. Initiative and referendum on parts of laws and on local, special and municipal laws. curring during the period beginning on Jan- [Created through initiative petition filed Feb. 3, 1906, uary 1 of the year a reapportionment and adopted by the people June 4, 1906; Repeal proposed becomes operative under section 6 of this by H.J.R. 16, 1967, and adopted by the people May 28, Article, the person must have been an in- 1968 (present section 1 of this Article adopted in lieu habitant of the district for one year next of this section)] preceding the date of the appointment or Note: Section 1b as submitted to the people was from January 1 of the year the reapportion- preceded by the following: ment becomes operative to the date of the To protect the integrity of initiative and referen- appointment, whichever is less. [Constitution dum petitions, the People of Oregon add the following of 1859; Amendment proposed by S.J.R. 20, 1929, and provisions to the Constitution of the State of Oregon: adopted by the people Nov. 4, 1930; Amendment proposed by H.J.R. 20, 1953, and adopted by the people Section 1b. Payment for signatures. It Nov. 2, 1954; Amendment proposed by S.J.R. 14, 1995, shall be unlawful to pay or receive money or and adopted by the people May 16, 1995; Amendment other thing of value based on the number of proposed by H.J.R. 31, 2007, and adopted by the people signatures obtained on an initiative or refer- Nov. 4, 2008] endum petition. Nothing herein prohibits Section 3a. Applicability of qualifications for payment for signature gathering which is not appointment to legislative vacancy. [Section 3a was based, either directly or indirectly, on the designated section 1b, which was created by S.J.R. 14, 1995, and adopted by the people May 16, 1995; Repealed number of signatures obtained. [Created Dec. 31, 1999, as specified in text of section adopted by through initiative petition filed Nov. 7, 2001, and the people May 16, 1995] adopted by the people Nov. 5, 2002] Note: Added as unnumbered section to the Consti- Section 4. Term of office of legisla- tution but not to any Article therein by initiative peti- tors; classification of Senators. (1) The tion (Measure No. 26, 2002) adopted by the people Nov. Senators shall be elected for the term of four 5, 2002. years, and Representatives for the term of Section 1d. Effective date of amendment to two years. The term of each Senator and section 1, Article IV, by S.J.R. 3, 1999. [Created Representative shall commence on the sec- through S.J.R. 3, 1999, and adopted by the people May ond Monday in January following his 16, 2000; Repealed Dec. 31, 2002, as specified in text of section adopted by the people May 16, 2000] election, and shall continue for the full period of four years or two years, as the case Section 2. Number of Senators and may be, unless a different commencing day Representatives. The Senate shall consist for such terms shall have been appointed by of sixteen, and the House of Representatives law.

Oregon Constitution Page 17 (2020 Edition) Art. IV§6 CONSTITUTION OF OREGON

(2) The Senators shall continue to be di- ber 1 of the same year and the vided into two classes, in accordance with reapportionment becomes operative as de- the division by lot provided for under the scribed in subsection (6) of this section. former provisions of this Constitution, so (c) If the Supreme Court determines that that one-half, as nearly as possible, of the the reapportionment does not comply with number of Senators shall be elected subsection (1) of this section and all law ap- biennially. plicable thereto, the reapportionment shall (3) Any Senator or Representative whose be void. In its written opinion, the Supreme term, under the former provisions of this Court shall specify with particularity section, would have expired on the first wherein the reapportionment fails to comply. Monday in January 1961, shall continue in The opinion shall further direct the Secre- office until the second Monday in January tary of State to draft a reapportionment of 1961. [Constitution of 1859; Amendment proposed by the Senators and Representatives in accor- S.J.R. 23, 1951, and adopted by the people Nov. 4, 1952; dance with the provisions of subsection (1) Amendment proposed by S.J.R. 28, 1959, and adopted by of this section and all law applicable thereto. the people Nov. 8, 1960] The Supreme Court shall file its order with Section 5. Census. [Constitution of 1859; Repeal the Secretary of State on or before Septem- proposed by H.J.R. 16, 1971, and adopted by the people ber 15. The Secretary of State shall conduct May 23, 1972] a hearing on the reapportionment at which Section 6. Apportionment of Senators and the public may submit evidence, views and Representatives. [Constitution of 1859; Amendment argument. The Secretary of State shall cause proposed by initiative petition filed July 3, 1952, and adopted by the people Nov. 4, 1952; Repeal proposed by a transcription of the hearing to be prepared H.J.R. 6, 1985, and adopted by the people Nov. 4, 1986 which, with the evidence, shall become part (present section 6 of this Article adopted in lieu of this of the record. The Secretary of State shall section)] file the corrected reapportionment with the Section 6. Apportionment of Senators Supreme Court on or before November 1 of and Representatives; operative date. (1) the same year. At the odd-numbered year regular session of (d) On or before November 15, the Su- the Legislative Assembly next following an preme Court shall review the corrected re- enumeration of the inhabitants by the United apportionment to assure its compliance with States Government, the number of Senators subsection (1) of this section and all law ap- and Representatives shall be fixed by law and plicable thereto and may further correct the apportioned among legislative districts ac- reapportionment if the court considers cor- cording to population. A senatorial district rection to be necessary. shall consist of two representative districts. (e) The corrected reapportionment be- Any Senator whose term continues through comes operative as described in subsection the next odd-numbered year regular legisla- (6) of this section. tive session after the operative date of the reapportionment shall be specifically as- (3) This subsection governs enactment, signed to a senatorial district. The ratio of judicial review and correction of a reappor- Senators and Representatives, respectively, tionment if the Legislative Assembly fails to to population shall be determined by dividing enact any reapportionment by July 1 of the the total population of the state by the num- year of the odd-numbered year regular ses- ber of Senators and by the number of Repre- sion of the Legislative Assembly next follow- sentatives. A reapportionment by the ing an enumeration of the inhabitants by the Legislative Assembly becomes operative as United States Government. described in subsection (6) of this section. (a) The Secretary of State shall make a (2) This subsection governs judicial re- reapportionment of the Senators and Repre- view and correction of a reapportionment sentatives in accordance with the provisions enacted by the Legislative Assembly. of subsection (1) of this section and all law applicable thereto. The Secretary of State (a) Original jurisdiction is vested in the shall conduct a hearing on the reapportion- Supreme Court, upon the petition of any ment at which the public may submit evi- elector of the state filed with the Supreme dence, views and argument. The Secretary of Court on or before August 1 of the year in State shall cause a transcription of the which the Legislative Assembly enacts a re- hearing to be prepared which, with the evi- apportionment, to review any reapportion- dence, shall become part of the record. The ment so enacted. reapportionment so made shall be filed with (b) If the Supreme Court determines that the Supreme Court by August 15 of the same the reapportionment thus reviewed complies year. The reapportionment becomes operative with subsection (1) of this section and all law as described in subsection (6) of this section. applicable thereto, it shall dismiss the peti- (b) Original jurisdiction is vested in the tion by written opinion on or before Septem- Supreme Court upon the petition of any

Oregon Constitution Page 18 (2020 Edition) CONSTITUTION OF OREGON Art. IV§8 elector of the state filed with the Supreme second Monday in January of the next odd- Court on or before September 15 of the same numbered year after the applicable deadline year to review any reapportionment and the for making a final reapportionment under record made by the Secretary of State. this section. (c) If the Supreme Court determines that (b) For purposes of electing Senators and the reapportionment thus reviewed complies Representatives to the next term of office with subsection (1) of this section and all law that commences after the applicable deadline applicable thereto, it shall dismiss the peti- for making a final reapportionment under tion by written opinion on or before October this section, a reapportionment made under 15 of the same year and the reapportionment this section becomes operative on January 1 becomes operative as described in subsection of the calendar year next following the ap- (6) of this section. plicable deadline for making a final reapportionment under this section. [Created through (d) If the Supreme Court determines that H.J.R. 6, 1985, and adopted by the people Nov. 4, 1986 the reapportionment does not comply with (this section adopted in lieu of former section 6 of this subsection (1) of this section and all law ap- Article); Amendment proposed by H.J.R. 31, 2007, and plicable thereto, the reapportionment shall adopted by the people Nov. 4, 2008; Amendment pro- be void. The Supreme Court shall return the posed by S.J.R. 41, 2010, and adopted by the people Nov. reapportionment by November 1 to the Sec- 2, 2010] retary of State accompanied by a written Section 7. Senatorial districts; sena- opinion specifying with particularity wherein torial and representative subdistricts. A the reapportionment fails to comply. The senatorial district, when more than one opinion shall further direct the Secretary of county shall constitute the same, shall be State to correct the reapportionment in those composed of contiguous counties, and no particulars, and in no others, and file the county shall be divided in creating such sen- corrected reapportionment with the Supreme atorial districts. Senatorial or representative Court on or before December 1 of the same districts comprising not more than one year. county may be divided into subdistricts from (e) On or before December 15, the Su- time to time by law. Subdistricts shall be preme Court shall review the corrected re- composed of contiguous territory within the apportionment to assure its compliance with district; and the ratios to population of sen- subsection (1) of this section and all law ap- ators or representatives, as the case may be, plicable thereto and may further correct the elected from the subdistricts, shall be sub- reapportionment if the court considers cor- stantially equal within the district. rection to be necessary. [Constitution of 1859; Amendment proposed by H.J.R. 20, 1953, and adopted by the people Nov. 2, 1954] (f) The reapportionment becomes operative as described in subsection (6) of this Section 8. Qualification of Senators section. and Representatives; effect of felony conviction. (1)(a) Except as provided in para- (4) Any reapportionment that becomes graph (b) of this subsection, a person may operative as provided in this section is a law not be a Senator or Representative if the of the state except for purposes of initiative person at the time of election: and referendum. (5) Notwithstanding section 18, Article II (A) Is not a citizen of the United States; of this Constitution, after the convening of and the next odd-numbered year regular legisla- (B) Has not been for one year next pre- tive session following the reapportionment, a ceding the election an inhabitant of the dis- Senator whose term continues through that trict from which the Senator or legislative session is subject to recall by the Representative may be chosen. electors of the district to which the Senator (b) For purposes of the general election is assigned and not by the electors of the district existing before the latest reappor- next following the applicable deadline for tionment. The number of signatures required making a final apportionment under section on the recall petition is 15 percent of the 6 of this Article, the person must have been total votes cast for all candidates for Gover- an inhabitant of the district from January 1 nor at the most recent election at which a of the year following the applicable deadline candidate for Governor was elected to a full for making the final reapportionment to the term in the two representative districts com- date of the election. prising the senatorial district to which the (2) Senators and Representatives shall be Senator was assigned. at least twenty one years of age. (6)(a) Except as provided in paragraph (b) (3) A person may not be a Senator or of this subsection, a reapportionment made Representative if the person has been con- under this section becomes operative on the victed of a felony during:

Oregon Constitution Page 19 (2020 Edition) Art. IV§9 CONSTITUTION OF OREGON

(a) The term of office of the person as a 6 of this Article, until the expiration of the Senator or Representative; or term of office of the person, a person may be an inhabitant of any district. [Constitution of (b) The period beginning on the date of 1859; Amendment proposed by H.J.R. 6, 1985, and the election at which the person was elected adopted by the people Nov. 4, 1986; Amendment pro- to the office of Senator or Representative posed by S.J.R. 33, 1993, and adopted by the people Nov. and ending on the first day of the term of 8, 1994; Amendment proposed by S.J.R. 14, 1995, and office to which the person was elected. adopted by the people May 16, 1995; Amendment proposed by H.J.R. 31, 2007, and adopted by the people (4) A person is not eligible to be elected Nov. 4, 2008] as a Senator or Representative if that person Section 8a. Applicability of qualification for has been convicted of a felony and has not legislative office. [Created by S.J.R. 14, 1995, and completed the sentence received for the con- adopted by the people May 16, 1995; Repealed Dec. 31, viction prior to the date that person would 1999, as specified in text of section adopted by the peo- take office if elected. As used in this subsec- ple May 16, 1995] tion, “sentence received for the conviction” Section 9. Legislators free from arrest includes a term of imprisonment, any period and not subject to civil process in certain of probation or post-prison supervision and cases; words uttered in debate. Senators payment of a monetary obligation imposed as and Representatives in all cases, except for all or part of a sentence. treason, felony, or breaches of the peace, (5) Notwithstanding sections 11 and 15, shall be privileged from arrest during the Article IV of this Constitution: session of the Legislative Assembly, and in going to and returning from the same; and (a) The office of a Senator or Represen- shall not be subject to any civil process dur- tative convicted of a felony during the term ing the session of the Legislative Assembly, to which the Senator or Representative was nor during the fifteen days next before the elected or appointed shall become vacant on commencement thereof: Nor shall a member the date the Senator or Representative is for words uttered in debate in either house, convicted. be questioned in any other place. — (b) A person elected to the office of Sen- Section 10. Annual regular sessions ator or Representative and convicted of a of the Legislative Assembly; organiza- felony during the period beginning on the tional session; extension of regular ses- date of the election and ending on the first sions. (1) The Legislative Assembly shall day of the term of office to which the person hold annual sessions at the Capitol of the was elected shall be ineligible to take office State. Each session must begin on the day and the office shall become vacant on the designated by law as the first day of the ses- first day of the next term of office. sion. Except as provided in subsection (3) of (6) Subject to subsection (4) of this sec- this section: tion, a person who is ineligible to be a Sen- (a) A session beginning in an odd- ator or Representative under subsection (3) numbered year may not exceed 160 calendar of this section may: days in duration; and (a) Be a Senator or Representative after (b) A session beginning in an even- the expiration of the term of office during numbered year may not exceed 35 calendar which the person is ineligible; and days in duration. (b) Be a candidate for the office of Sen- (2) The Legislative Assembly may hold an ator or Representative prior to the expiration organizational session that is not subject to of the term of office during which the person the limits of subsection (1) of this section for is ineligible. the purposes of introducing measures and (7)(a) Except as provided in paragraph (b) performing the duties and effecting the or- of this subsection, a person may not be a ganization described in sections 11 and 12 of Senator or Representative if the person at all this Article. The Legislative Assembly may times during the term of office of the person not undertake final consideration of a meas- as a Senator or Representative is not an inure or reconsideration of a measure follow- habitant of the district from which the Sen- ing a gubernatorial veto when convened in ator or Representative may be chosen or an organizational session. which the Senator or Representative has (3) A regular session, as described in been appointed to represent. A person does subsection (1) of this section, may be ex- not lose status as an inhabitant of a district tended for a period of five calendar days by if the person is absent from the district for the affirmative vote of two-thirds of the purposes of business of the Legislative As- members of each house. A session may be sembly. extended more than once. An extension must (b) Following the applicable deadline for begin on the first calendar day after the end making a final apportionment under section of the immediately preceding session or ex-

Oregon Constitution Page 20 (2020 Edition) CONSTITUTION OF OREGON Art. IV§20 tension except that if the first calendar day Section 15. Punishment and expulsion is a Sunday, the extension may begin on the of members. Either house may punish its next Monday. [Constitution of 1859; Amendment members for disorderly behavior, and may proposed by S.J.R. 41, 2010, and adopted by the people with the concurrence of two thirds, expel a Nov. 2, 2010] member; but not a second time for the same Section 10a. Emergency sessions of cause. — the Legislative Assembly. In the event of an emergency the Legislative Assembly shall Section 16. Punishment of nonmem- be convened by the presiding officers of both bers. Either house, during its session, may Houses at the Capitol of the State at times punish by imprisonment, any person, not a other than required by section 10 of this Ar- member, who shall have been guilty of disre- ticle upon the written request of the majority spect to the house by disorderly or of the members of each House to commence contemptious [sic] behavior in its presence, within five days after receipt of the minimum but such imprisonment shall not at any time, requisite number of requests. [Created through exceed twenty [sic] twenty four hours. — H.J.R. 28, 1975, and adopted by the people Nov. 2, 1976] Section 17. General powers of Legis- Section 11. Legislative officers; rules lative Assembly. Each house shall have all of proceedings; adjournments. Each house powers necessary for a chamber of the Leg- when assembled, shall choose its own offi- islative Branch, of a free, and independent cers, judge of the election, qualifications, and State. [Constitution of 1859; Amendment proposed by returns of its own members; determine its H.J.R. 44, 2011, and adopted by the people Nov. 6, 2012] own rules of proceeding, and sit upon its own Section 18. Where bills to originate. adjournments; but neither house shall without the concurrence of the other, adjourn for Bills may originate in either house, but may more than three days, nor to any other place be amended, or rejected in the other; except than that in which it may be sitting. — that bills for raising revenue shall originate in the House of Representatives. — Section 12. Quorum; failure to effect organization. Two thirds of each house Section 19. Reading of bills; vote on shall constitute a quorum to do business, but final passage. Every bill shall be read by a smaller number may meet; adjourn from title only on three several days, in each day to day, and compel the attendance of ab- house, unless in case of emergency two- sent members. A quorum being in attend- thirds of the house where such bill may be ance, if either house fail to effect an pending shall, by a vote of yeas and nays, organization within the first five days there- deem it expedient to dispense with this rule; after, the members of the house so failing provided, however, on its final passage such shall be entitled to no compensation from the bill shall be read section by section unless end of the said five days until an organiza- such requirement be suspended by a vote of tion shall have been effected. — two-thirds of the house where such bill may be pending, and the vote on the final passage Section 13. Journal; when yeas and of every bill or joint resolution shall be nays to be entered. Each house shall keep taken by yeas and nays. [Constitution of 1859; a journal of its proceedings.—The yeas and Amendment proposed by S.J.R. 15, 1945, and adopted by nays on any question, shall at the request of the people Nov. 5, 1946] any two members, be entered, together with the names of the members demanding the Section 20. Subject and title of Act. same, on the journal; provided that on a mo- Every Act shall embrace but one subject, and tion to adjourn it shall require one tenth of matters properly connected therewith, which the members present to order the yeas, and subject shall be expressed in the title. But if nays. any subject shall be embraced in an Act which shall not be expressed in the title, Section 14. Deliberations to be open; such Act shall be void only as to so much rules to implement requirement. The de- thereof as shall not be expressed in the title. liberations of each house, of committees of This section shall not be construed to each house or joint committees and of com- prevent the inclusion in an amendatory Act, mittees of the whole, shall be open. Each under a proper title, of matters otherwise house shall adopt rules to implement the re- germane to the same general subject, al- quirement of this section and the houses though the title or titles of the original Act jointly shall adopt rules to implement the or Acts may not have been sufficiently broad requirements of this section in any joint activity that the two houses may undertake. to have permitted such matter to have been [Constitution of 1859; Amendment proposed by S.J.R. 36, so included in such original Act or Acts, or 1973, and adopted by the people Nov. 5, 1974; Amend- any of them. [Constitution of 1859; Amendment pro- ment proposed by H.J.R. 29, 1977, and adopted by the posed by S.J.R. 41, 1951, and adopted by the people Nov. people May 23, 1978] 4, 1952]

Oregon Constitution Page 21 (2020 Edition) Art. IV§21 CONSTITUTION OF OREGON

Section 21. Acts to be plainly worded. time of the adoption of this Constitution; but Every act, and joint resolution shall be no special act authorizeing [sic] such suit to plainly worded, avoiding as far as practicable be brought, or making compensation to any the use of technical terms. — person claiming damages against the State, Section 22. Mode of revision and shall ever be passed. — amendment. No act shall ever be revised, Section 25. Majority necessary to pass or amended by mere reference to its title, but bills and resolutions; special require- the act revised, or section amended shall be ments for bills raising revenue; signa- set forth, and published at full length. How- tures of presiding officers required. (1) ever, if, at any session of the Legislative As- Except as otherwise provided in subsection sembly, there are enacted two or more acts (2) of this section, a majority of all the amending the same section, each of the acts members elected to each House shall be nec- shall be given effect to the extent that the essary to pass every bill or Joint resolution. amendments do not conflict in purpose. If the amendments conflict in purpose, the act last (2) Three-fifths of all members elected to signed by the Governor shall control. each House shall be necessary to pass bills [Constitution of 1859; Amendment proposed by S.J.R. 28, for raising revenue. 1975, and adopted by the people Nov. 2, 1976] (3) All bills, and Joint resolutions passed, Section 23. Certain local and special shall be signed by the presiding officers of laws prohibited. The Legislative Assembly, the respective houses. [Constitution of 1859; shall not pass special or local laws, in any Amendment proposed by H.J.R. 14, 1995, and adopted by of the following enumerated cases, that is to the people May 21, 1996] say: — Section 26. Protest by member. Any Regulating the jurisdiction, and duties of member of either house, shall have the right justices of the peace, and of constables; to protest, and have his protest, with his For the punishment of Crimes, and Mis- reasons for dissent, entered on the demeanors; journal. — Regulating the practice in Courts of Jus- Section 27. All statutes public laws; tice; exceptions. Every Statute shall be a public Providing for changing the venue in civil, law, unless otherwise declared in the Statute and Criminal cases; itself. — Granting divorces; Section 28. When Act takes effect. No Changing the names of persons; act shall take effect, until ninety days from the end of the session at which the same For laying, opening, and working on highways, and for the election, or appoint- shall have been passed, except in case of ment of supervisors; emergency; which emergency shall be declared in the preamble, or in the body of the Vacating roads, Town plats, Streets, Al- law. leys, and Public squares; Section 29. Compensation of mem- Summoning and empanneling [sic] grand, bers. The members of the Legislative As- and petit jurors; sembly shall receive for their services a For the assessment and collection of salary to be established and paid in the same Taxes, for State, County, Township, or road manner as the salaries of other elected state purposes; officers and employes. [Constitution of 1859; Providing for supporting Common Amendment proposed by S.J.R. 3, 1941, and adopted by schools, and for the preservation of school the people Nov. 3, 1942; Amendment proposed by H.J.R. funds; 5, 1949, and adopted by the people Nov. 7, 1950; Amendment proposed by H.J.R. 8, 1961, and adopted by In relation to interest on money; the people May 18, 1962] Providing for opening, and conducting Section 30. Members not eligible to the elections of State, County, and Township other offices. No Senator or Representative officers, and designating the places of voting; shall, during the time for which he may have Providing for the sale of real estate, be- been elected, be eligible to any office the longing to minors, or other persons laboring election to which is vested in the Legislative under legal disabilities, by executors, admin- Assembly; nor shall be appointed to any civil istrators, guardians, or trustees. — office of profit which shall have been cre- Section 24. Suit against state. Pro- ated, or the emoluments of which shall have vision may be made by general law, for been increased during such term; but this bringing suit against the State, as to all li- latter provision shall not be construed to ap- abilities originating after, or existing at the ply to any officer elective by the people. —

Oregon Constitution Page 22 (2020 Edition) CONSTITUTION OF OREGON Art. V§6

Section 31. Oath of members. The 14. Reprieves, commutations and pardons; re- members of the Legislative Assembly shall mission of fines and forfeitures 15a. Single item and emergency clause veto before they enter on the duties of their re- 15b. Legislative enactments; approval by Gover- spective offices, take and subscribe the fol- nor; notice of intention to disapprove; disap- lowing oath or affirmation;—I do solemnly proval and reconsideration by legislature; swear (or affirm as the case may be) that I failure of Governor to return bill 16. Governor to Fill Vacancies by Appointment will support the Constitution of the United 17. Governor to issue writs of election to fill States, and the Constitution of the State of vacancies in legislature Oregon, and that I will faithfully discharge 18. Commissions the duties of Senator (or Representative as the case may be) according to the best of my Section 1. Governor as chief execu- Ability, And such oath may be administered tive; term of office; period of eligibility. by the Govenor [sic], Secretary of State, or The cheif [sic] executive power of the State, a judge of the Supreme Court. — shall be vested in a Governor, who shall hold his office for the term of four years; and no Section 32. Income tax defined by person shall be eligible to such office more federal law; review of tax laws required. than Eight, in any period of twelve years. — Notwithstanding any other provision of this Constitution, the Legislative Assembly, in Section 2. Qualifications of Governor. any law imposing a tax or taxes on, in re- No person except a citizen of the United spect to or measured by income, may define States, shall be eligible to the Office of Gov- the income on, in respect to or by which ernor, nor shall any person be eligible to such tax or taxes are imposed or measured, that office who shall not have attained the by reference to any provision of the laws of age of thirty years, and who shall not have the United States as the same may be or be- been three years next preceding his election, come effective at any time or from time to a resident within this State. The minimum time, and may prescribe exceptions or mod- age requirement of this section does not ap- ifications to any such provisions. At each ply to a person who succeeds to the office of regular session the Legislative Assembly Governor under section 8a of this Article. shall, and at any special session may, provide [Constitution of 1859; Amendment proposed by H.J.R. 52, for a review of the Oregon laws imposing a 1973, and adopted by the people Nov. 5, 1974] tax upon or measured by income, but no such Section 3. Who not eligible. No mem- laws shall be amended or repealed except by ber of Congress, or person holding any office a legislative Act. [Created through H.J.R. 3, 1969, under the United States, or under this State, and adopted by the people Nov. 3, 1970] or under any other power, shall fill the Of- Section 33. Reduction of criminal sen- fice of Governor, except as may be otherwise tences approved by initiative or referen- provided in this Constitution. — dum process. Notwithstanding the Section 4. Election of Governor. The provisions of section 25 of this Article, a two-thirds vote of all the members elected to Governor shall be elected by the qualified each house shall be necessary to pass a bill Electors of the State at the times, and places that reduces a criminal sentence approved by of choosing members of the Legislative As- the people under section 1 of this Article. sembly; and the returns of every Election for [Created through initiative petition filed Nov. 16, 1993, Governor, shall be sealed up, and transmitted and adopted by the people Nov. 8, 1994] to the Secretary of State; directed to the Speaker of the House of Representatives, who shall open, and publish them in the presence of both houses of the Legislative ARTICLE V Assembly. — EXECUTIVE BRANCH Section 5. Greatest number of votes decisive; election by legislature in case of Sec. 1. Governor as chief executive; term of office; period of eligibility tie. The person having the highest number 2. Qualifications of Governor of votes for Governor, shall be elected; but 3. Who not eligible in case two or more persons shall have an 4. Election of Governor equal and the highest number of votes for 5. Greatest number of votes decisive; election by legislature in case of tie Governor, the two houses of the Legislative 6. Contested elections Assembly at the next regular session thereof, 7. Term of office shall forthwith by joint vote, proceed to elect 8a. Vacancy in office of Governor one of the said persons Governor. — 9. Governor as commander in chief of state military forces Section 6. Contested elections. Con- 10. Governor to see laws executed 11. Recommendations to legislature tested Elections for Governor shall be deter- 12. Governor may convene legislature mined by the Legislative Assembly in such 13. Transaction of governmental business manner as may be prescribed by law. —

Oregon Constitution Page 23 (2020 Edition) Art. V§7 CONSTITUTION OF OREGON

Section 7. Term of office. The official Section 11. Recommendations to leg- term of the Governor shall be four years; and islature. He shall from time to time give to shall commence at such times as may be the Legislative Assembly information touch- prescribed by this constitution, or prescribed ing the condition of the State, and by law. — reccommend [sic] such measures as he shall judge to be expedient[.] Section 8. Vacancy in office of Governor. [Constitution of 1859; Amendment proposed by S.J.R. 10, Section 12. Governor may convene 1920 (s.s.), and adopted by the people May 21, 1920; legislature. He may on extraordinary occa- Amendment proposed by S.J.R. 8, 1945, and adopted by the people Nov. 5, 1946; Repeal proposed by initiative sions convene the Legislative Assembly by petition filed July 7, 1972, and adopted by the people proclamation, and shall state to both houses Nov. 7, 1972 (present section 8a of this Article adopted when assembled, the purpose for which they in lieu of this section)] shall have been convened. — Section 8a. Vacancy in office of Gov- Section 13. Transaction of govern- ernor. In case of the removal from office of mental business. He shall transact all nec- the Governor, or of his death, resignation, or essary business with the officers of disability to discharge the duties of his office government, and may require information in as prescribed by law, the Secretary of State; writing from the offices of the Administra- or if there be none, or in case of his removal tive, and Military Departments upon any from office, death, resignation, or disability subject relating to the duties of their respec- to discharge the duties of his office as pre- tive offices. — scribed by law, then the State Treasurer; or Section 14. Reprieves, commutations if there be none, or in case of his removal and pardons; remission of fines and from office, death, resignation, or disability forfeitures. He shall have power to grant to discharge the duties of his office as pre- reprieves, commutations, and pardons, after scribed by law, then the President of the conviction, for all offences [sic] except trea- Senate; or if there be none, or in case of his son, subject to such regulations as may be removal from office, death, resignation, or provided by law. Upon conviction for treason disability to discharge the duties of his office he shall have power to suspend the execution as prescribed by law, then the Speaker of the of the sentence until the case shall be re- House of Representatives, shall become Gov- ported to the Legislative Assembly, at its ernor until the disability be removed, or a next meeting, when the Legislative Assembly Governor be elected at the next general bi- shall either grant a pardon, commute the ennial election. The Governor elected to fill sentence, direct the execution of the sen- the vacancy shall hold office for the unex- tence, or grant a farther [sic] reprieve. — pired term of the outgoing Governor. The He shall have power to remit fines, and forfeitures, under such regulations as may be Secretary of State or the State Treasurer prescribed by law; and shall report to the shall appoint a person to fill his office until Legislative Assembly at its next meeting the election of a Governor, at which time the each case of reprieve, commutation, or par- office so filled by appointment shall be filled don granted, and the reasons for granting the by election; or, in the event of a disability same; and also the names of all persons in of the Governor, to be Acting Secretary of whose favor remission of fines, and forfei- State or Acting State Treasurer until the tures shall have been made, and the several disability be removed. The person so ap- amounts remitted[.] pointed shall not be eligible to succeed to the Section 15. [This section of the Constitution of office of Governor by automatic succession 1859 was redesignated as section 15b by the amendment under this section during the term of his ap- proposed by S.J.R. 12, 1915, and adopted by the people pointment. [Created through initiative petition filed Nov. 7, 1916] July 7, 1972, and adopted by the people Nov. 7, 1972 Section 15a. Single item and emer- (this section adopted in lieu of former section 8 of this gency clause veto. The Governor shall have Article)] power to veto single items in appropriation Section 9. Governor as commander in bills, and any provision in new bills declaring chief of state military forces. The Gover- an emergency, without thereby affecting any nor shall be commander in cheif [sic] of the other provision of such bill. [Created through S.J.R. 12, 1915, and adopted by the people Nov. 7, 1916; military, and naval forces of this State, and Amendment proposed by S.J.R. 13, 1921, and adopted by may call out such forces to execute the laws, the people June 7, 1921] to suppress insurection [sic], or to repel invasion. Section 15b. Legislative enactments; approval by Governor; notice of intention Section 10. Governor to see laws exe- to disapprove; disapproval and reconsid- cuted. He shall take care that the Laws be eration by legislature; failure of Gover- faithfully executed. — nor to return bill. (1) Every bill which shall

Oregon Constitution Page 24 (2020 Edition) CONSTITUTION OF OREGON Art. VI§3 have passed the Legislative Assembly shall, such general election. [Constitution of 1859; before it becomes a law, be presented to the Amendment proposed by H.J.R. 5, 1925, and adopted by Governor; if the Governor approve, the Gov- the people Nov. 2, 1926; Amendment proposed by H.J.R. 30, 1985, and adopted by the people May 20, 1986; ernor shall sign it; but if not, the Governor Amendment proposed by S.J.R. 4, 1993, and adopted by shall return it with written objections to the people Nov. 8, 1994] that house in which it shall have originated, Note: The leadline to section 16 was a part of the which house shall enter the objections at measure submitted to the people by H.J.R. 5, 1925. large upon the journal and proceed to recon- Section 17. Governor to issue writs of sider it. election to fill vacancies in legislature. (2) If, after such reconsideration, two- He shall issue writs of Election to fill such thirds of the members present shall agree to vacancies as may have occured [sic] in the pass the bill, it shall be sent, together with Legislative Assembly. the objections, to the other house, by which it shall likewise be reconsidered, and, if ap- Section 18. Commissions. All commis- proved by two-thirds of the members present, sions shall issue in the name of the State; it shall become a law. But in all such cases, shall be signed by the Govenor [sic], sealed the votes of both houses shall be determined with the seal of the State, and attested by by yeas and nays, and the names of the the Secretary of State. — members voting for or against the bill shall be entered on the journal of each house respectively. ARTICLE VI (3) If any bill shall not be returned by the ADMINISTRATIVE DEPARTMENT Governor within five days (Saturdays and Sundays excepted) after it shall have been Sec. 1. Election of Secretary and Treasurer of state; terms of office; period of eligibility presented to the Governor, it shall be a law 2. Duties of Secretary of State without signature, unless the general ad- 3. Seal of state journment shall prevent its return, in which 4. Powers and duties of Treasurer case it shall be a law, unless the Governor 5. Offices and records of executive officers within thirty days next after the adjourn- 6. County Officers 7. Other officers ment (Saturdays and Sundays excepted) shall 8. County officers’ qualifications; location of file such bill, with written objections thereto, offices of county and city officers; duties of in the office of the Secretary of State, who such officers shall lay the same before the Legislative As- 9. Vacancies of county, township, precinct and city offices sembly at its next session in like manner as 10. County home rule under county charter if it had been returned by the Governor. Section 1. Election of Secretary and (4) Before filing a bill after adjournment Treasurer of state; terms of office; period with written objections, the Governor must of eligibility. There shall be elected by the announce publicly the possible intention to qualified electors of the State, at the times do so at least five days before filing the bill and places of choosing Members of the Leg- with written objections. However, nothing in islative Assembly, a Secretary, and Treasurer this subsection requires the Governor to file of State, who shall severally hold their of- any bill with objections because of the an- fices for the term of four years; but no per- nouncement. [Created through S.J.R. 12, 1915, and adopted by the people Nov. 7, 1916; Amendment pro- son shall be eligible to either of said offices posed by H.J.R. 9, 1937, and adopted by the people Nov. more than Eight in any period of Twelve 8, 1938; Amendment proposed by S.J.R. 4, 1987, and years. — adopted by the people Nov. 8, 1988] Section 2. Duties of Secretary of Note: See note at section 15, Article V. State. The Secretary of State shall keep a Section 16. Governor to Fill Vacancies fair record of the official acts of the Legisla- by Appointment. When during a recess of tive Assembly, and Executive Branch; and the legislative assembly a vacancy occurs in shall when required lay the same, and all any office, the appointment to which is matters relative thereto before either cham- vested in the legislative assembly, or when ber of the Legislative Assembly. The Secre- at any time a vacancy occurs in any other tary of State shall be by virtue of holding the state office, or in the office of judge of any office, Auditor of Public Accounts, and shall court, the governor shall fill such vacancy perform such other duties as shall be as- by appointment, which shall expire when a signed to the Secretary of State by law. successor has been elected and qualified. [Constitution of 1859; Amendment proposed by H.J.R. 44, When any vacancy occurs in any elective of- 2011, and adopted by the people Nov. 6, 2012] fice of the state or of any district or county Section 3. Seal of state. There shall be thereof, the vacancy shall be filled at the a seal of State, kept by the Secretary of State next general election, provided such vacancy for official purposes, which shall be called occurs more than sixty-one (61) days prior to “The seal of the State of Oregon”. —

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Section 4. Powers and duties of Local improvements shall be financed only Treasurer. The powers, and duties of the by taxes, assessments or charges imposed on Treasurer of State shall be such as may be benefited property, unless otherwise provided prescribed by law. — by law or charter. A county charter shall Section 5. Offices and records of prescribe the organization of the county gov- executive officers. The Governor, Secretary ernment and shall provide directly, or by its of State, and Treasurer of State shall se- authority, for the number, election or ap- verally keep the public records, books and pointment, qualifications, tenure, compensa- papers at the seat of government in any tion, powers and duties of such officers as manner relating to their respective offices. the county deems necessary. Such officers [Constitution of 1859; Amendment proposed by S.J.R. 13, shall among them exercise all the powers 1985, and adopted by the people Nov. 4, 1986] and perform all the duties, as distributed by Section 6. County Officers: There shall the county charter or by its authority, now be elected in each county by the qualified or hereafter, by the Constitution or laws of electors thereof at the time of holding gen- this state, granted to or imposed upon any eral elections, a county clerk, treasurer and county officer. Except as expressly provided sheriff who shall severally hold their offices by general law, a county charter shall not affect the selection, tenure, compensation, for the term of four years. [Constitution of 1859; Amendment proposed by initiative petition filed June 9, powers or duties prescribed by law for judges 1920, and adopted by the people Nov. 2, 1920; Amend- in their judicial capacity, for justices of the ment proposed by H.J.R. 7, 1955, and adopted by the peace or for district attorneys. The initiative people Nov. 6, 1956] and referendum powers reserved to the peo- Note: The leadline to section 6 was a part of the ple by this Constitution hereby are further measure proposed by initiative petition filed June 9, reserved to the legal voters of every county 1920, and adopted by the people Nov. 2, 1920. relative to the adoption, amendment, revision Section 7. Other officers. Such other or repeal of a county charter and to legis- county, township, precinct, and City officers lation passed by counties which have adopted as may be necessary, shall be elected, or ap- such a charter; and no county shall require pointed in such manner as may be prescribed that referendum petitions be filed less than by law. — 90 days after the provisions of the charter or Section 8. County officers’ qualifica- the legislation proposed for referral is tions; location of offices of county and adopted by the county governing body. To be city officers; duties of such officers. Every circulated, referendum or initiative petitions county officer shall be an elector of the shall set forth in full the charter or legisla- county, and the county assessor, county tive provisions proposed for adoption or re- sheriff, county coroner and county surveyor ferral. Referendum petitions shall not be shall possess such other qualifications as required to include a ballot title to be circu- may be prescribed by law. All county and lated. In a county a number of signatures of city officers shall keep their respective of- qualified voters equal to but not greater than fices at such places therein, and perform four percent of the total number of all votes such duties, as may be prescribed by law. cast in the county for all candidates for [Constitution of 1859; Amendment proposed by H.J.R. 7, Governor at the election at which a Gover- 1955, and adopted by the people Nov. 6, 1956; Amend- nor was elected for a term of four years next ment proposed by H.J.R. 42, 1971, and adopted by the preceding the filing of the petition shall be people Nov. 7, 1972; Amendment proposed by H.J.R. 22, required for a petition to order a referendum 1973, and adopted by the people Nov. 5, 1974] on county legislation or a part thereof. A Section 9. Vacancies in county, town- number of signatures equal to but not ship, precinct and city offices. Vacancies greater than six percent of the total number in County, Township, precinct and City of- of votes cast in the county for all candidates fices shall be filled in such manner as may for Governor at the election at which a be prescribed by law. — Governor was elected for a term of four Section 9a. County manager form of govern- years next preceding the filing of the petition ment. [Created through H.J.R. 3, 1943, and adopted by shall be required for a petition to propose an the people Nov. 7, 1944; Repeal proposed by H.J.R. 22, 1957, and adopted by the people Nov. 4, 1958] initiative ordinance. A number of signatures equal to but not greater than eight percent Section 10. County home rule under of the total number of votes cast in the county charter. The Legislative Assembly county for all candidates for Governor at the shall provide by law a method whereby the election at which a Governor was elected for legal voters of any county, by majority vote a term of four years next preceding the filing of such voters voting thereon at any legally of the petition shall be required for a petition called election, may adopt, amend, revise or to propose a charter amendment. [Created repeal a county charter. A county charter through H.J.R. 22, 1957, and adopted by the people may provide for the exercise by the county Nov. 4, 1958; Amendment proposed by S.J.R. 48, 1959, of authority over matters of county concern. and adopted by the people Nov. 8, 1960; Amendment

Oregon Constitution Page 26 (2020 Edition) CONSTITUTION OF OREGON Am. Art. VII§3 proposed by H.J.R. 21, 1977, and adopted by the people appointed prior to or at the time of approval May 23, 1978] and ratification of this section. [Created through S.J.R. 3, 1959, and adopted by the people Nov. 8, 1960] ARTICLE VII (Amended) Section 2. Amendment’s effect on JUDICIAL BRANCH courts, jurisdiction and judicial system; Supreme Court’s original jurisdiction. Sec. 1. Courts; election of judges; term of office; The courts, jurisdiction, and judicial system compensation of Oregon, except so far as expressly changed 1a. Retirement of judges; recall to temporary ac- by this amendment, shall remain as at pres- tive service ent constituted until otherwise provided by 2. Amendment’s effect on courts, jurisdiction and judicial system; Supreme Court’s original law. But the supreme court may, in its own jurisdiction discretion, take original jurisdiction in man- 2a. Temporary appointment and assignment of damus, quo warranto and habeas corpus pro- judges ceedings. [Created through initiative petition filed 2b. Inferior courts may be affected in certain re- July 7, 1910, and adopted by the people Nov. 8, 1910] spects by special or local laws 3. Jury trial; re-examination of issues by ap- Section 2a. Temporary appointment pellate court; record on appeal to Supreme and assignment of judges. The Legislative Court; affirmance notwithstanding error; de- Assembly or the people may by law empower termination of case by Supreme Court 4. Supreme Court; terms; statements of deci- the Supreme Court to: sions of court (1) Appoint retired judges of the Supreme 5. Juries; indictment; information; verdict in Court or judges of courts inferior to the Su- civil cases 6. Incompetency or malfeasance of public offi- preme Court as temporary members of the cer Supreme Court. 7. Oath of office of Judges of Supreme Court (2) Appoint members of the bar as judges 8. Removal, suspension or censure of judges 9. Juries of less than 12 jurors pro tempore of courts inferior to the Su- preme Court. Section 1. Courts; election of judges; term of office; compensation. The judicial (3) Assign judges of courts inferior to the power of the state shall be vested in one su- Supreme Court to serve temporarily outside preme court and in such other courts as may the district for which they were elected. from time to time be created by law. The A judge or member of the bar so ap- judges of the supreme and other courts shall pointed or assigned shall while serving have be elected by the legal voters of the state or all the judicial powers and duties of a regu- of their respective districts for a term of six larly elected judge of the court to which he years, and shall receive such compensation is assigned or appointed. [Created through S.J.R. as may be provided by law, which compensa- 30, 1957, and adopted by the people Nov. 4, 1958] tion shall not be diminished during the term Section 2b. Inferior courts may be af- for which they are elected. [Created through in- fected in certain respects by special or itiative petition filed July 7, 1910, and adopted by the local laws. Notwithstanding the provisions people Nov. 8, 1910] of section 23, Article IV of this Constitution, Section 1a. Retirement of judges; re- laws creating courts inferior to the Supreme call to temporary active service. Notwith- Court or prescribing and defining the juris- standing the provisions of section 1, Article diction of such courts or the manner in VII (Amended) of this Constitution, a judge which such jurisdiction may be exercised, of any court shall retire from judicial office may be made applicable: at the end of the calendar year in which he (1) To all judicial districts or other sub- attains the age of 75 years. The Legislative divisions of this state; or Assembly or the people may by law: (2) To designated classes of judicial dis- (1) Fix a lesser age for mandatory retire- tricts or other subdivisions; or ment not earlier than the end of the calendar year in which the judge attains the age of 70 (3) To particular judicial districts or years; other subdivisions. [Created through S.J.R. 34, 1961, and adopted by the people Nov. 6, 1962] (2) Provide for recalling retired judges to temporary active service on the court from Section 3. Jury trial; re-examination which they are retired; and of issues by appellate court; record on appeal to Supreme Court; affirmance (3) Authorize or require the retirement notwithstanding error; determination of of judges for physical or mental disability or case by Supreme Court. In actions at law, any other cause rendering judges incapable where the value in controversy shall exceed of performing their judicial duties. $750, the right of trial by jury shall be pre- This section shall not affect the term to served, and no fact tried by a jury shall be which any judge shall have been elected or otherwise re-examined in any court of this

Oregon Constitution Page 27 (2020 Edition) Am. Art. VII§4 CONSTITUTION OF OREGON

state, unless the court can affirmatively say (2) A grand jury shall consist of seven there is no evidence to support the verdict. jurors chosen by lot from the whole number Until otherwise provided by law, upon appeal of jurors in attendance at the court, five of of any case to the supreme court, either whom must concur to find an indictment. party may have attached to the bill of ex- (3) Except as provided in subsections (4) ceptions the whole testimony, the instruc- and (5) of this section, a person shall be tions of the court to the jury, and any other charged in a circuit court with the commis- matter material to the decision of the appeal. sion of any crime punishable as a felony only If the supreme court shall be of opinion, af- on indictment by a grand jury. ter consideration of all the matters thus submitted, that the judgment of the court (4) The district attorney may charge a appealed from was such as should have been person on an information filed in circuit rendered in the case, such judgment shall be court of a crime punishable as a felony if the affirmed, notwithstanding any error commit- person appears before the judge of the circuit ted during the trial; or if, in any respect, the court and knowingly waives indictment. judgment appealed from should be changed, (5) The district attorney may charge a and the supreme court shall be of opinion person on an information filed in circuit that it can determine what judgment should court if, after a preliminary hearing before a have been entered in the court below, it shall magistrate, the person has been held to an- direct such judgment to be entered in the swer upon a showing of probable cause that same manner and with like effect as decrees a crime punishable as a felony has been are now entered in equity cases on appeal to committed and that the person has commit- the supreme court. Provided, that nothing in ted it, or if the person knowingly waives this section shall be construed to authorize preliminary hearing. the supreme court to find the defendant in a criminal case guilty of an offense for which (6) An information shall be substantially a greater penalty is provided than that of in the form provided by law for an which the accused was convicted in the indictment. The district attorney may file an lower court. [Created through initiative petition amended indictment or information when- filed July 7, 1910, and adopted by the people Nov. 8, ever, by ruling of the court, an indictment 1910; Amendment proposed by H.J.R. 71, 1973, and or information is held to be defective in adopted by the people Nov. 5, 1974; Amendment pro- form. posed by H.J.R. 47, 1995, and adopted by the people May 21, 1996] (7) In civil cases three-fourths of the jury may render a verdict. [Created through S.J.R. 1, Section 4. Supreme Court; terms; 1973, and adopted by the people Nov. 5, 1974 (this sec- statements of decisions of court. The tion adopted in lieu of former section 5 of this Article)] terms of the supreme court shall be appointed by law; but there shall be one term Section 6. Incompetency or malfea- at the seat of government annually. At the sance of public officer. Public officers shall close of each term the judges shall file with not be impeached; but incompetency, cor- the secretary of state concise written state- ruption, malfeasance or delinquency in office ments of the decisions made at that term. may be tried in the same manner as criminal [Created through initiative petition filed July 7, 1910, offenses, and judgment may be given of dis- and adopted by the people Nov. 8, 1910] missal from office, and such further punish- Section 5. Juries; indictment; information. ment as may have been prescribed by law. [Created through initiative petition filed July 7, 1910, [Created through initiative petition filed July 7, 1910, and adopted by the people Nov. 8, 1910; Amendment and adopted by the people Nov. 8, 1910] proposed by S.J.R. 23, 1957, and adopted by the people Nov. 4, 1958; Repeal proposed by S.J.R. 1, 1973, and Section 7. Oath of office of Judges of adopted by the people Nov. 5, 1974 (present section 5 Supreme Court. Every judge of the supreme of this Article adopted in lieu of this section)] court, before entering upon the duties of his office, shall take and subscribe, and transmit Section 5. Juries; indictment; infor- to the secretary of state, the following oath: mation; verdict in civil cases. (1) The Leg- islative Assembly shall provide by law for: “I, , do solemnly swear (or affirm) that I will support the con- (a) Selecting juries and qualifications of stitution of the United States, and the con- jurors; stitution of the State of Oregon, and that I (b) Drawing and summoning grand jurors will faithfully and impartially discharge the from the regular jury list at any time, sepa- duties of a judge of the supreme court of this rate from the panel of petit jurors; state, according to the best of my ability, and (c) Empaneling more than one grand jury that I will not accept any other office, except in a county; and judicial offices, during the term for which I have been elected.” [Created through initiative pe- (d) The sitting of a grand jury during va- tition filed July 7, 1910, and adopted by the people Nov. cation as well as session of the court. 8, 1910]

Oregon Constitution Page 28 (2020 Edition) CONSTITUTION OF OREGON Art. VII§6

Section 8. Removal, suspension or 11. County judges and terms of county courts censure of judges. (1) In the manner pro- 12. Jurisdiction of county courts; county commissioners vided by law, and notwithstanding section 1 13. Writs granted by county judge; habeas cor- of this Article, a judge of any court may be pus proceedings removed or suspended from his judicial office 14. Expenses of court in certain counties by the Supreme Court, or censured by the 15. County clerk; recorder 16. Sheriff Supreme Court, for: 17. Prosecuting attorneys (a) Conviction in a court of this or any 19. Official delinquencies other state, or of the United States, of a 20. Removal of Judges of Supreme Court and prosecuting attorneys from office crime punishable as a felony or a crime in- 21. Oath of office of Supreme Court Judges volving moral turpitude; or Section 1. Courts in which judicial (b) Wilful misconduct in a judicial office power vested. The Judicial power of the where such misconduct bears a demonstrable State shall be vested in a Suprume [sic] relationship to the effective performance of Court, Circuits [sic] Courts, and County judicial duties; or Courts, which shall be Courts of Record (c) Wilful or persistent failure to perform having general jurisdiction, to be defined, judicial duties; or limited, and regulated by law in accordance (d) Generally incompetent performance with this Constitution.— Justices of the of judicial duties; or Peace may also be invested with limited Ju- (e) Wilful violation of any rule of judicial dicial powers, and Municipal Courts may be conduct as shall be established by the Su- created to administer the regulations of in- preme Court; or corporated towns, and cities. — (f) Habitual drunkenness or illegal use of Section 2. Supreme Court. The Su- narcotic or dangerous drugs. preme Court shall consist of Four Justices to be chosen in districts by the electors thereof, (2) Notwithstanding section 6 of this Ar- who shall be citizens of the United States, ticle, the methods provided in this section, and who shall have resided in the State at section 1a of this Article and in section 18, least three years next preceding their Article II of this Constitution, are the exclu- election, and after their election to reside in sive methods of the removal, suspension, or their respective districts: The number of censure of a judge. [Created through S.J.R. 9, 1967, Justices, the Districts may be increased, but and adopted by the people Nov. 5, 1968; Amendment proposed by S.J.R. 48, 1975, and adopted by the people shall never exceed seven; and the boundaries May 25, 1976] of districts may be changed, but no Change of Districts, shall have the effect to remove Section 9. Juries of less than 12 ju- a Judge from office, or require him to change rors. Provision may be made by law for ju- his residence without his consent. ries consisting of less than 12 but not less [Constitution of 1859; Amendment proposed by S.J.R. 7, than six jurors. [Created through S.J.R. 17, 1971, 2001, and adopted by the people Nov. 5, 2002] and adopted by the people Nov. 7, 1972] Section 3. Terms of office of Judges. The Judges first chosen under this Constitu- tion shall allot among themselves, their ARTICLE VII (Original) terms of office, so that the term of one of THE JUDICIAL BRANCH them shall expire in Two years, one in Four years, and Two in Six years, and thereafter, Note: Original Article VII, compiled below, has one or more shall be chosen every Two years been supplanted in part by amended Article VII and in to serve for the term of Six years. — part by statutes enacted by the Legislative Assembly. The provisions of original Article VII relating to courts, Section 4. Vacancy. Every vacancy in jurisdiction and the judicial system, by the terms of the office of Judge of the Supreme Court section 2 of amended Article VII, are given the status shall be filled by election for the remainder of a statute and are subject to change by statutes en- of the vacant term, unless it would expire at acted by the Legislative Assembly, except so far as changed by amended Article VII. the next election, and until so filled, or when it would so expire, the Governor shall fill the Sec. 1. Courts in which judicial power vested vacancy by appointment. — 2. Supreme Court 3. Terms of office of Judges Section 5. Chief Justice. The Judge who 4. Vacancy has the shortest term to serve, or the oldest 5. Chief Justice of several having such shortest term, and not 6. Jurisdiction 7. Term of Supreme Court; statements of deci- holding by appointment shall be the Cheif sions of court [sic] Justice. — 8. Circuit court 9. Jurisdiction of circuit courts Section 6. Jurisdiction. The Supreme 10. Supreme and circuit judges; election in Court shall have jurisdiction only to revise classes the final decisions of the Circuit Courts, and

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every cause shall be tried, and every decision law.—But the Legislative Assembly may pro- shall be made by those Judges only, or a vide for the election of Two Commissioners majority of them, who did not try the cause, to sit with the County Judge whilst trans- or make the decision in the Circuit Court. acting County business, in any, or all of the — Counties, or may provide a seperate [sic] Section 7. Term of Supreme Court; board for transacting such business. — statements of decisions of court. The Section 13. Writs granted by county terms of the Supreme Court shall be ap- judge; habeas corpus proceedings. The pointed by Law; but there shall be one term County Judge may grant preliminary at the seat of Government annually: — injuctions [sic], and such other writs as the Legislative Assembly may authorize him to And at the close of each term the Judges grant, returnable to the Circuit Court, or shall file with the Secretary of State, Concise otherwise as may be provided by law; and written Statements of the decisions made at may hear, and decide questions arising upon that term. — habeas corpus; provided such decision be not Note: Section 7 is in substance the same as section against the authority, or proceedings of a 4 of amended Article VII. Court, or Judge of equal, or higher jurisdic- Section 8. Circuit court. The Circuits tion. — [sic] Courts shall be held twice at least in Section 14. Expenses of court in cer- each year in each County organized for judi- tain counties. The Counties having less cial purposes, by one of the Justices of the than ten thousand inhabitants, shall be re- Supreme Court at times to be appointed by imbursed wholly or in part for the salary, law; and at such other times as may be ap- and expenses of the County Court by fees, pointed by the Judges severally in pursuance percentage, & other equitable taxation, of the of law. — business done in said Court & in the office Section 9. Jurisdiction of circuit of the County Clerk. [Constitution of 1859; courts. All judicial power, authority, and Amendment proposed by S.J.R. 7, 2001, and adopted by jurisdiction not vested by this Constitution, the people Nov. 5, 2002] or by laws consistent therewith, exclusively Section 15. County clerk; recorder. A in some other Court shall belong to the Cir- County Clerk shall be elected in each County cuit Courts, and they shall have appellate for the term of Two years, who shall keep all jurisdiction, and supervisory control over the the public records, books, and papers of the County Courts, and all other inferior Courts, County; record conveyances, and perform the Officers, and tribunals. — duties of Clerk of the Circuit, and County Courts, and such other duties as may be Section 10. Supreme and circuit prescribed by law:—But whenever the num- judges; election in classes. The Legislative ber of voters in any County shall exceed Assembly, may provide for the election of Twelve Hundred, the Legislative Assembly Supreme, and Circuit Judges, in distinct may authorize the election of one person as classes, one of which classes shall consist of Clerk of the Circuit Court, one person as three Justices of the Supreme Court, who Clerk of the County Court, and one person shall not perform Circuit duty, and the other Recorder of conveyances. — class shall consist of the necessary number of Circuit Judges, who shall hold full terms Section 16. Sheriff. A sheriff shall be without allotment, and who shall take the elected in each County for the term of Two same oath as the Supreme Judges. years, who shall be the ministerial officer of [Constitution of 1859; Amendment proposed by S.J.R. 7, the Circuit, and County Courts, and shall 2001, and adopted by the people Nov. 5, 2002] perform such other duties as may be pre- Section 11. County judges and terms scribed by law. — of county courts. There shall be elected in Section 17. Prosecuting attorneys. each County for the term of Four years a There shall be elected by districts comprised County Judge, who shall hold the County of one, or more counties, a sufficient number Court at times to be regulated by law. — of prosecuting Attorneys, who shall be the Section 12. Jurisdiction of county law officers of the State, and of the counties courts; county commissioners. The within their respective districts, and shall County Court shall have the jurisdiction perform such duties pertaining to the admin- pertaining to Probate Courts, and boards of istration of Law, and general police as the County Commissioners, and such other pow- Legislative Assembly may direct. — ers, and duties, and such civil Jurisdiction, Section 18. Verdict by Three-fourths Jury in not exceeding the amount or value of five Civil Cases; Jurors; Grand Jurors; Indictment May Be Amended, When. [Constitution of 1859; Amendment hundred dollars, and such criminal jurisdic- proposed by initiative petition filed Jan. 30, 1908, and tion not extending to death or imprisonment adopted by the people June 1, 1908; Amendment pro- in the penitentiary, as may be prescribed by posed by H.J.R. 14, 1927, and adopted by the people

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June 28, 1927; Repeal proposed by S.J.R. 23, 1957, and Section 2. Common School Fund. (1) adopted by the people Nov. 4, 1958] The sources of the Common School Fund are: Section 19. Official delinquencies. Pub- (a) The proceeds of all lands granted to lic Officers shall not be impeached, but in- this state for educational purposes, except competency, corruption, malfeasance, or the lands granted to aid in the establishment delinquency in office may be tried in the of institutions of higher education under the same manner as criminal offences [sic], and Acts of February 14, 1859 (11 Stat. 383) and judgment may be given of dismissal from Of- July 2, 1862 (12 Stat. 503). fice, and such further punishment as may have been prescribed by law. — (b) All the moneys and clear proceeds of all property which may accrue to the state Note: Section 19 is the same as section 6 of amended Article VII. by escheat. Section 20. Removal of Judges of Su- (c) The proceeds of all gifts, devises and preme Court and prosecuting attorneys bequests, made by any person to the state for from office. The Govenor [sic] may remove common school purposes. from Office a Judge of the Supreme Court, (d) The proceeds of all property granted or Prosecuting Attorney upon the Joint res- to the state, when the purposes of such grant olution of the Legislative Assembly, in which shall not be stated. Two Thirds of the members elected to each (e) The proceeds of the five hundred house shall concur, for incompetency, Cor- thousand acres of land to which this state is ruption, malfeasance, or delinquency in of- entitled under the Act of September 4, 1841 fice, or other sufficient cause stated in such (5 Stat. 455). resolution. — (f) The five percent of the net proceeds Section 21. Oath of office of Supreme of the sales of public lands to which this Court Judges. Every judge of the Supreme state became entitled on her admission into Court before entering upon the duties of his the union. office shall take, subscribe, and transmit to the Secretary of State the following oath.—I (g) After providing for the cost of admin- do solemnly swear (or istration and any refunds or credits author- affirm) that I will support the Constitution ized by law, the proceeds from any tax or of the United States, and the constitution of excise levied on, with respect to or measured the State of Oregon, and that I will by the extraction, production, storage, use, faithfully, and impartially discharge the du- sale, distribution or receipt of oil or natural ties of a Judge of the Supreme, and Circuits gas and the proceeds from any tax or excise [sic] Courts of said State according to the levied on the ownership of oil or natural gas. best of my ability, and that I will not accept However, the rate of such taxes shall not be any other office, except Judicial offices dur- greater than six percent of the market value ing the term for which I have been elected. of all oil and natural gas produced or sal- — vaged 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 ARTICLE VIII of this Constitution. EDUCATION AND SCHOOL LANDS (2) All revenues derived from the sources mentioned in subsection (1) of this section Sec. 1. Superintendent of Public Instruction shall become a part of the Common School 2. Common School Fund Fund. The State Land Board may expend 3. System of common schools 4. Distribution of school fund income moneys in the Common School Fund to carry 5. State Land Board; land management out its powers and duties under subsection 7. Prohibition of sale of state timber unless (2) of section 5 of this Article. Unexpended timber processed in Oregon moneys in the Common School Fund shall be 8. Adequate and Equitable Funding invested as the Legislative Assembly shall Section 1. Superintendent of Public provide by law and shall not be subject to Instruction. The Governor shall be super- the limitations of section 6, Article XI of this intendent of public instruction, and his pow- Constitution. The State Land Board may ap- ers, and duties in that capacity shall be such ply, as it considers appropriate, income de- as may be prescribed by law; but after the rived from the investment of the Common term of five years from the adoption of this School Fund to the operating expenses of the Constitution, it shall be competent for the State Land Board in exercising its powers Legislative Assembly to provide by law for and duties under subsection (2) of section 5 the election of a superintendent, to provide of this Article. The remainder of the income for his compensation, and prescribe his pow- derived from the investment of the Common ers and duties. — School Fund shall be applied to the support

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of primary and secondary education as pre- will be processed in Oregon. The limitation scribed by law. [Constitution of 1859; Amendment on sale or export in this subsection shall not proposed by H.J.R. 7, 1967, and adopted by the people apply to species, grades or quantities of tim- May 28, 1968; Amendment proposed by H.J.R. 6, 1979, ber which may be found by the State and adopted by the people Nov. 4, 1980; Amendment to subsection (2) proposed by S.J.R. 1, 1987, and adopted Forester to be surplus to domestic needs. by the people Nov. 8, 1988; Amendment to paragraph (b) (3) This section first becomes operative of subsection (1) proposed by H.J.R. 3, 1989, and adopted by the people June 27, 1989] when federal law is enacted allowing this state to exercise such authority or when a Section 3. System of common schools. court or the Attorney General of this state The Legislative Assembly shall provide by determines that such authority lawfully may law for the establishment of a uniform, and be exercised. [Created through S.J.R. 8, 1989, and general system of Common schools. adopted by the people June 27, 1989] Section 4. Distribution of school fund Section 8. Adequate and Equitable income. Provision shall be made by law for Funding. (1) The Legislative Assembly shall the distribution of the income of the common appropriate in each biennium a sum of school fund among the several Counties of money sufficient to ensure that the state’s this state in proportion to the number of system of public education meets quality children resident therein between the ages, goals established by law, and publish a report four and twenty years. — that either demonstrates the appropriation is Section 5. State Land Board; land sufficient, or identifies the reasons for the management. (1) The Governor, Secretary insufficiency, its extent, and its impact on of State and State Treasurer shall constitute the ability of the state’s system of public ed- a State Land Board for the disposition and ucation to meet those goals. management of lands described in section 2 (2) Consistent with such legal obligation of this Article, and other lands owned by this as it may have to maintain substantial equity state that are placed under their jurisdiction in state funding, the Legislative Assembly by law. Their powers and duties shall be shall establish a system of Equalization prescribed by law. Grants to eligible districts for each year in (2) The board shall manage lands under which the voters of such districts approve its jurisdiction with the object of obtaining local option taxes as described in Article XI, the greatest benefit for the people of this section 11 (4)(a)(B) of this Constitution. The state, consistent with the conservation of amount of such Grants and eligibility criteria this resource under sound techniques of land shall be determined by the Legislative As- sembly. [Created through initiative petition filed Oct. management. [Constitution of 1859; Amendment 22, 1999, and adopted by the people Nov. 7, 2000] proposed by H.J.R. 7, 1967, and adopted by the people May 28, 1968] Note: Added to Article VIII as unnumbered section by initiative petition (Measure No. 1, 2000) adopted by Section 6. Qualifications of electors at school the people Nov. 7, 2000. elections. [Created through initiative petition filed June 25, 1948, and adopted by the people Nov. 2, 1948; Note: The leadline to section 8 was a part of the Repeal proposed by H.J.R. 4, 2007, and adopted by the measure submitted to the people by Measure No. 1, 2000. people Nov. 4, 2008] Note: The leadline to section 6 was a part of the measure proposed by initiative petition filed June 25, ARTICLE IX 1948, and adopted by the people Nov. 2, 1948. FINANCE Section 7. Prohibition of sale of state timber unless timber processed in Ore- Sec. 1. Assessment and taxation; uniform rules; uni- gon. (1) Notwithstanding subsection (2) of formity of operation of laws section 5 of this Article or any other pro- 1a. Poll or head tax; declaration of emergency in tax laws vision of this Constitution, the State Land 1b. Ships exempt from taxation until 1935 Board shall not authorize the sale or export 1c. Financing redevelopment and urban renewal of timber from lands described in section 2 projects of this Article unless such timber will be 2. Legislature to provide revenue to pay cur- processed in Oregon. The limitation on sale rent state expenses and interest 3. Tax imposed only by law; statement of pur- or export in this subsection shall not apply pose to species, grades or quantities of timber 3a. Use of revenue from taxes on motor vehicle which may be found by the State Land Board use and fuel; legislative review of allocation to be surplus to domestic needs. of taxes between vehicle classes 3b. Rate of levy on oil or natural gas; exception (2) Notwithstanding any prior agreements 4. Appropriation necessary for withdrawal from or other provisions of law or this Constitu- treasury tion, the Legislative Assembly shall not au- 5. Publication of accounts 6. Deficiency of funds; tax levy to pay thorize the sale or export of timber from 7. Appropriation laws not to contain provisions state lands other than those described in on other subjects section 2 of this Article unless such timber 8. Stationery for use of state

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9. Taxation of certain benefits prohibited Section 2. Legislature to provide re- 10. Retirement plan contributions by govern- venue to pay current state expenses and mental employees 11. Retirement plan rate of return contract interest. The Legislative Assembly shall guarantee prohibited provide for raising revenue sufficiently to 12. Retirement not to be increased by unused defray the expenses of the State for each fis- sick leave cal year, and also a sufficient sum to pay the 13. Retirement plan restriction severability 14. Revenue estimate; retention of excess corpo- interest on the State debt, if there be any. rate tax revenue in General Fund for public — education funding; return of other excess re- Section 3. Laws imposing taxes; gasoline and venue to taxpayers; legislative increase in motor vehicle taxes. [Constitution of 1859; Amendment estimate proposed by S.J.R. 11, 1941, and adopted by the people 15. Prohibition on tax, fee or other assessment Nov. 3, 1942; Repeal proposed by S.J.R. 7, 1979, and upon transfer of interest in real property; adopted by the people May 20, 1980] exception Section 3. Tax imposed only by law; Section 1. Assessment and taxation; statement of purpose. No tax shall be uniform rules; uniformity of operation of levied except in accordance with law. Every laws. The Legislative Assembly shall, and law imposing a tax shall state distinctly the the people through the initiative may, pro- purpose to which the revenue shall be ap- vide by law uniform rules of assessment and plied. [Created through S.J.R. 7, 1979, and adopted by taxation. All taxes shall be levied and col- the people May 20, 1980 (this section and section 3a lected under general laws operating uni- adopted in lieu of former section 3 of this Article)] formly throughout the State. [Constitution of 1859; Amendment proposed by H.J.R. 16, 1917, and Section 3a. Use of revenue from taxes adopted by the people June 4, 1917] on motor vehicle use and fuel; legislative review of allocation of taxes between ve- Section 1a. Poll or head tax; declara- hicle classes. (1) Except as provided in sub- tion of emergency in tax laws. No poll or section (2) of this section, revenue from the head tax shall be levied or collected in Ore- following shall be used exclusively for the gon. The Legislative Assembly shall not de- construction, reconstruction, improvement, clare an emergency in any act regulating repair, maintenance, operation and use of taxation or exemption. [Created through initiative public highways, roads, streets and roadside petition filed June 23, 1910, and adopted by the people Nov. 8, 1910; Amendment proposed by S.J.R. 10, 1911, rest areas in this state: and adopted by the people Nov. 5, 1912] (a) Any tax levied on, with respect to, or Section 1b. Ships exempt from taxa- measured by the storage, withdrawal, use, tion until 1935. All ships and vessels of fifty sale, distribution, importation or receipt of tons or more capacity engaged in either pas- motor vehicle fuel or any other product used senger or freight coasting or foreign trade, for the propulsion of motor vehicles; and whose home ports of registration are in the (b) Any tax or excise levied on the own- State of Oregon, shall be and are hereby ex- ership, operation or use of motor vehicles. empted from all taxes of every kind whatso- (2) Revenues described in subsection (1) ever, excepting taxes for State purposes, of this section: until the first day of January, 1935. [Created through S.J.R. 18, 1915, and adopted by the people Nov. (a) May also be used for the cost of ad- 7, 1916] ministration and any refunds or credits au- Section 1c. Financing redevelopment thorized by law. and urban renewal projects. The Legisla- (b) May also be used for the retirement tive Assembly may provide that the ad of bonds for which such revenues have been valorem taxes levied by any taxing unit, in pledged. which is located all or part of an area in- (c) If from levies under paragraph (b) of cluded in a redevelopment or urban renewal subsection (1) of this section on campers, project, may be divided so that the taxes motor homes, travel trailers, snowmobiles, or levied against any increase in the assessed like vehicles, may also be used for the ac- value, as defined by law, of property in such quisition, development, maintenance or care area obtaining after the effective date of the of parks or recreation areas. ordinance or resolution approving the rede- (d) If from levies under paragraph (b) of velopment or urban renewal plan for such subsection (1) of this section on vehicles used area, shall be used to pay any indebtedness or held out for use for commercial purposes, incurred for the redevelopment or urban re- may also be used for enforcement of com- newal project. The legislature may enact mercial vehicle weight, size, load, conforma- such laws as may be necessary to carry out tion and equipment regulation. the purposes of this section. [Created through S.J.R. 32, 1959, and adopted by the people Nov. 8, 1960; (3) Revenues described in subsection (1) Amendment proposed by H.J.R. 85, 1997, and adopted by of this section that are generated by taxes the people May 20, 1997] or excises imposed by the state shall be gen-

Oregon Constitution Page 33 (2020 Edition) Art. IX§3b CONSTITUTION OF OREGON

erated in a manner that ensures that the Section 8. Stationery for use of state. share of revenues paid for the use of light All stationary [sic] required for the use of vehicles, including cars, and the share of re- the State shall be furnished by the lowest venues paid for the use of heavy vehicles, responsible bidder, under such regulations as including trucks, is fair and proportionate to may be prescribed by law. But no State Offi- the costs incurred for the highway system cer, or member of the Legislative Assembly because of each class of vehicle. The Legis- shall be interested in any bid, or contract for lative Assembly shall provide for a biennial furnishing such stationery. — review and, if necessary, adjustment, of re- Section 9. Taxation of certain benefits venue sources to ensure fairness and propor- prohibited. Benefits payable under the fed- tionality. [Created through S.J.R. 7, 1979, and eral old age and survivors insurance program adopted by the people May 20, 1980 (this section and or benefits under section 3(a), 4(a) or 4(f) of section 3 adopted in lieu of former section 3 of this Article); Amendment proposed by S.J.R. 44, 1999, and the federal Railroad Retirement Act of 1974, adopted by the people Nov. 2, 1999; Amendment pro- as amended, or their successors, shall not be posed by S.J.R. 14, 2003, and adopted by the people Nov. considered income for the purposes of any 2, 2004] tax levied by the state or by a local govern- Section 3b. Rate of levy on oil or na- ment in this state. Such benefits shall not tural gas; exception. Any tax or excise be used in computing the tax liability of any levied on, with respect to or measured by the person under any such tax. Nothing in this section is intended to affect any benefits to extraction, production, storage, use, sale, which the beneficiary would otherwise be distribution or receipt of oil or natural gas, entitled. This section applies to tax periods or the ownership thereof, shall not be levied beginning on or after January 1, 1986. at a rate that is greater than six percent of [Created through H.J.R. 26, 1985, and adopted by the the market value of all oil and natural gas people May 20, 1986] produced or salvaged from the earth or wa- Section 10. Retirement plan contrib- ters of this state as and when owned or utions by governmental employees. (1) produced. This section does not apply to any Notwithstanding any existing State or Fed- tax or excise the proceeds of which are dedi- eral laws, an employee of the State of Ore- cated as described in sections 3 and 3a of gon or any political subdivision of the state this Article. [Created through H.J.R. 6, 1979, and who is a member of a retirement system or adopted by the people Nov. 4, 1980] plan established by law, charter or ordi- Note: Section 3b was designated as “Section 3a” nance, or who will receive a retirement ben- by H.J.R. 6, 1979, and adopted by the people Nov. 4, efit from a system or plan offered by the 1980. state or a political subdivision of the state, Section 4. Appropriation necessary for must contribute to the system or plan an withdrawal from treasury. No money shall amount equal to six percent of their salary be drawn from the treasury, but in pursuance or gross wage. of appropriations made by law. — 2. On and after January 1, 1995, the state and political subdivisions of the state shall Section 5. Publication of accounts. An not thereafter contract or otherwise agree to accurate statement of the receipts, and ex- make any payment or contribution to a re- penditures of the public money shall be pub- tirement system or plan that would have the lished with the laws of each odd-numbered effect of relieving an employee, regardless of year regular session of the Legislative As- when that employee was employed, of the sembly. [Constitution of 1859; Amendment proposed obligation imposed by subsection (1) of this by S.J.R. 41, 2010, and adopted by the people Nov. 2, section. 2010] 3. On and after January 1, 1995, the state Section 6. Deficiency of funds; tax and political subdivisions of the state shall levy to pay. Whenever the expenses, of any not thereafter contract or otherwise agree to fiscal year, shall exceed the income, the increase any salary, benefit or other com- Legislative Assembly shall provide for levy- pensation payable to an employee for the ing a tax, for the ensuing fiscal year, suffi- purpose of offsetting or compensating an em- cient, with other sources of income, to pay ployee for the obligation imposed by subsection (1) of this section. [Created through initiative the deficiency, as well as the estimated ex- petition filed May 10, 1993, and adopted by the people pense of the ensuing fiscal year. — Nov. 8, 1994] Section 7. Appropriation laws not to Section 11. Retirement plan rate of contain provisions on other subjects. return contract guarantee prohibited. (1) Laws making appropriations, for the salaries Neither the state nor any political subdivi- of public officers, and other current expenses sion of the state shall contract to guarantee of the State, shall contain provisions upon any rate of interest or return on the funds in no other subject. — a retirement system or plan established by

Oregon Constitution Page 34 (2020 Edition) CONSTITUTION OF OREGON Art. IX§15 law, charter or ordinance for the benefit of the total amount of the excess shall be re- an employee of the state or a political subdi- turned to personal income taxpayers. vision of the state. [Created through initiative pe- (5) The Legislative Assembly may enact tition filed May 10, 1993, and adopted by the people Nov. 8, 1994] laws: (a) Establishing a tax credit, refund pay- Section 12. Retirement not to be in- ment or other mechanism by which the ex- creased by unused sick leave. (1) Notwith- cess revenues are returned to taxpayers, and standing any existing Federal or State law, establishing administrative procedures con- the retirement benefits of an employee of the nected therewith. state or any political subdivision of the state retiring on or after January 1, 1995, shall not (b) Allowing the excess revenues to be in any way be increased as a result of or due reduced by administrative costs associated to unused sick leave. [Created through initiative with returning the excess revenues. petition filed May 10, 1993, and adopted by the people (c) Permitting a taxpayer’s share of the Nov. 8, 1994] excess revenues not to be returned to the Section 13. Retirement plan re- taxpayer if the taxpayer’s share is less than striction severability. If any part of a de minimis amount identified by the Legis- Sections 10, 11 or 12 of this Article is held lative Assembly. to be unconstitutional under the Federal or (d) Permitting a taxpayer’s share of ex- State Constitution, the remaining parts shall cess revenues to be offset by any liability of not be affected and shall remain in full force the taxpayer for which the state is author- and effect. [Created through initiative petition filed ized to undertake collection efforts. May 10, 1993, and adopted by the people Nov. 8, 1994] (6)(a) Prior to the close of a biennium for Section 14. Revenue estimate; re- which an estimate described in subsection (1) tention of excess corporate tax revenue of this section has been made, the Legislative in General Fund for public education Assembly, by a two-thirds majority vote of funding; return of other excess revenue all members elected to each House, may en- to taxpayers; legislative increase in esti- act legislation declaring an emergency and mate. (1) As soon as is practicable after ad- increasing the amount of the estimate pre- journment sine die of an odd-numbered year pared pursuant to subsection (1) of this sec- regular session of the Legislative Assembly, tion. the Governor shall cause an estimate to be (b) The prohibition against declaring an prepared of revenues that will be received by emergency in an act regulating taxation or the General Fund for the biennium beginning exemption in section 1a, Article IX of this July 1. The estimated revenues from corpo- Constitution, does not apply to legislation rate income and excise taxes shall be sepa- enacted pursuant to this subsection. rately stated from the estimated revenues from other General Fund sources. (7) This section does not apply: (2) As soon as is practicable after the end (a) If, for a biennium or any portion of a of the biennium, the Governor shall cause biennium, a state tax is not imposed on or actual collections of revenues received by measured by the income of individuals. the General Fund for that biennium to be (b) To revenues derived from any mini- determined. The revenues received from cor- mum tax imposed on corporations for the porate income and excise taxes shall be de- privilege of carrying on or doing business in termined separately from the revenues this state that is imposed as a fixed amount received from other General Fund sources. and that is nonapportioned (except for (3) If the revenues received by the Gen- changes of accounting periods). eral Fund from corporate income and excise (c) To biennia beginning before July 1, taxes during the biennium exceed the 2001. [Created through H.J.R. 17, 1999, and adopted amount estimated to be received from corpo- by the people Nov. 7, 2000; Amendment proposed by S.J.R. 41, 2010, and adopted by the people Nov. 2, 2010; rate income and excise taxes for the Amendment proposed by initiative petition filed Dec. 7, biennium, by two percent or more, the total 2011, and adopted by the people Nov. 6, 2012] amount of the excess shall be retained in the General Fund and used to provide additional Section 15. Prohibition on tax, fee or funding for public education, kindergarten other assessment upon transfer of inter- through twelfth grade. est in real property; exception. The state, a city, county, district or other political sub- (4) If the revenues received from General division or municipal corporation of this Fund revenue sources, exclusive of those de- state shall not impose, by ordinance or other scribed in subsection (3) of this section, dur- law, a tax, fee or other assessment upon the ing the biennium exceed the amount transfer of any interest in real property, or estimated to be received from such sources measured by the consideration paid or refor the biennium, by two percent or more, ceived upon the transfer of any interest in

Oregon Constitution Page 35 (2020 Edition) Art. X§1 CONSTITUTION OF OREGON real property. This section does not apply to Section 1. Definitions; declaration of any tax, fee or other assessment in effect and catastrophic disaster; convening of Leg- operative on December 31, 2009. [Created islative Assembly. (1) As used in this Arti- through initiative petition filed March 4, 2010, and cle, “catastrophic disaster” means a natural adopted by the people Nov. 6, 2012] or human-caused event that: Note: Added to Article IX as unnumbered section by initiative petition (Measure No. 79, 2012) adopted by (a) Results in extraordinary levels of the people Nov. 6, 2012. death, injury, property damage or disruption of daily life in this state; and (b) Severely affects the population, infra- ARTICLE X structure, environment, economy or govern- THE MILITIA ment functioning of this state. (2) As used in this Article, “catastrophic Sec. 1. State militia disaster” includes, but is not limited to, any 2. Persons exempt of the following events if the event meets the 3. Officers criteria listed in subsection (1) of this sec- Section 1. State militia. The Legislative tion: Assembly shall provide by law for the organ- (a) Act of terrorism. ization, maintenance and discipline of a state militia for the defense and protection of the (b) Earthquake. State. [Constitution of 1859; Amendment proposed by (c) Flood. H.J.R. 5, 1961, and adopted by the people Nov. 6, 1962] (d) Public health emergency. Section 2. Persons exempt. Persons whose religious tenets, or conscientious (e) Tsunami. scruples forbid them to bear arms shall not (f) Volcanic eruption. be compelled to do so. [Constitution of 1859; Amendment proposed by H.J.R. 5, 1961, and adopted by (g) War. the people Nov. 6, 1962] (3) The Governor may invoke the pro- Section 3. Officers. The Governor, in visions of this Article if the Governor finds his capacity as Commander-in-Chief of the and declares that a catastrophic disaster has military forces of the State, shall appoint and occurred. A finding required by this subsec- commission an Adjutant General. All other tion shall specify the nature of the cat- officers of the militia of the State shall be astrophic disaster. appointed and commissioned by the Governor (4) At the time the Governor invokes the upon the recommendation of the Adjutant provisions of this Article under subsection General. [Constitution of 1859; Amendment proposed (3) of this section, the Governor shall issue by H.J.R. 5, 1961, and adopted by the people Nov. 6, 1962] a proclamation convening the Legislative Assembly under section 12, Article V of this Section 4. Staff officers; commissions. [Constitution of 1859; Repeal proposed by H.J.R. 5, 1961, Constitution, unless: and adopted by the people Nov. 6, 1962] (a) The Legislative Assembly is in session Section 5. Legislature to make regulations for at the time the catastrophic disaster is de- militia. [Constitution of 1859; Repeal proposed by clared; or H.J.R. 5, 1961, and adopted by the people Nov. 6, 1962] Section 6. Continuity of government in event (b) The Legislative Assembly is scheduled of enemy attack. [Created through H.J.R. 9, 1959, and to convene in regular session within 30 days adopted by the people Nov. 8, 1960; Repeal proposed by after the date the catastrophic disaster is H.J.R. 24, 1975, and adopted by the people Nov. 2, 1976] declared. (5) If the Governor declares that a catastrophic disaster has occurred, the Gover- ARTICLE X-A nor shall manage the immediate response to CATASTROPHIC DISASTERS the disaster. The actions of the Legislative Assembly under sections 3 and 4 of this Ar- Sec. 1. Definitions; declaration of catastrophic dis- ticle are limited to actions necessary to im- aster; convening of Legislative Assembly 2. Additional powers of Governor; use of Gen- plement the Governor’s immediate response eral Fund moneys and lottery funds to the disaster and to actions necessary to 3. Procedural requirements for Legislative As- aid recovery from the disaster. [Created through sembly H.J.R. 7, 2011, and adopted by the people Nov. 6, 2012] 4. Additional powers of Legislative Assembly 5. Participation in session of Legislative As- Section 2. Additional powers of Gov- sembly by electronic or other means ernor; use of General Fund moneys and 6. Termination of operation of this Article; extension by Legislative Assembly; transition lottery funds. (1) If the Governor declares provisions; limitation on power of Governor that a catastrophic disaster has occurred, the to invoke this Article Governor may:

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(a) Use moneys appropriated from the time when members of the Legislative As- General Fund to executive agencies for the sembly are unable to compel the attendance current biennium to respond to the cat- of two-thirds of the members of each house astrophic disaster, regardless of the because the catastrophic disaster has made legislatively expressed purpose of the appro- it impossible to locate members or impossible priation at the time the appropriation was for them to attend, three-fifths of the mem- made. bers of each house who are able to attend a (b) Use lottery funds allocated to execu- session described in subsection (3) of this tive agencies for the current biennium to re- section shall be necessary to pass every bill spond to the catastrophic disaster, regardless or joint resolution. of the legislatively expressed purpose of the (5) Notwithstanding section 1a, Article allocation at the time the allocation was IX of this Constitution, the Legislative As- made. The Governor may not reallocate lot- sembly may declare an emergency in any bill tery funds under this paragraph for purposes regulating taxation or exemption, including not authorized by section 4, Article XV of but not limited to any bill that decreases or this Constitution. suspends taxes or postpones the due date of (2) The authority granted to the Gover- taxes, if the Legislative Assembly determines nor by this section terminates upon the tak- that the enactment of the bill is necessary to ing effect of a law enacted after the provide an adequate response to the cat- declaration of a catastrophic disaster that astrophic disaster. [Created through H.J.R. 7, 2011, specifies purposes for which appropriated and adopted by the people Nov. 6, 2012] General Fund moneys or allocated lottery Section 4. Additional powers of Legis- funds may be used, or upon the date on lative Assembly. (1) If the Governor de- which the provisions of sections 1 to 5 of this clares that a catastrophic disaster has Article cease to be operative as provided in occurred: section 6 of this Article, whichever is sooner. [Created through H.J.R. 7, 2011, and adopted by the (a) The Legislative Assembly may enact people Nov. 6, 2012] laws authorizing the use of revenue described in section 3a, Article IX of this Con- Section 3. Procedural requirements stitution, for purposes other than those for Legislative Assembly. If the Governor described in that section. declares that a catastrophic disaster has occurred: (b) The Legislative Assembly may, by a vote of the number of members of each house (1) Notwithstanding sections 10 and 10a, that constitutes a quorum under subsection Article IV of this Constitution, the Legisla- (2) of section 3 of this Article, appropriate tive Assembly may convene in a place other moneys that would otherwise be returned to than the Capitol of the State if the Governor taxpayers under section 14, Article IX of this or the Legislative Assembly determines that Constitution, to state agencies for the pur- the Capitol is inaccessible. pose of responding to the catastrophic disas- (2) Notwithstanding section 12, Article ter. IV of this Constitution, during any period of (c) Notwithstanding section 7, Article XI time when members of the Legislative As- of this Constitution, the Legislative Assem- sembly are unable to compel the attendance bly may lend the credit of the state or create of two-thirds of the members of each house debts or liabilities in an amount the Legisla- because the catastrophic disaster has made tive Assembly considers necessary to provide it impossible to locate members or impossible an adequate response to the catastrophic for them to attend, two-thirds of the members disaster. of each house who are able to attend shall constitute a quorum to do business. (d) The provisions of section 15, Article (3) In a session of the Legislative Assem- XI of this Constitution, do not apply to any bly that is called because of the catastrophic law that is approved by three-fifths of the disaster or that was imminent or ongoing at members of each house who are able to at- the time the catastrophic disaster was de- tend a session described in subsection (3) of clared, the number of members of each house section 3 of this Article. that constitutes a quorum under subsection (e) The Legislative Assembly may take (2) of this section may suspend the rule re- action described in subsection (6) of section garding reading of bills under the same cir- 15, Article XI of this Constitution, upon ap- cumstances and in the same manner that proval by three-fifths of the members of each two-thirds of the members may suspend the house who are able to attend a session de- rule under section 19, Article IV of this scribed in subsection (3) of section 3 of this Constitution. Article. (4) Notwithstanding section 25, Article (f) Notwithstanding section 4, Article XV IV of this Constitution, during any period of of this Constitution, the Legislative Assem-

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bly may allocate proceeds from the State (4) A bill described in subsection (3) of Lottery for any purpose and in any ratio the this section may include any provisions the Legislative Assembly determines necessary Legislative Assembly considers necessary to to provide an adequate response to the cat- provide an orderly transition to compliance astrophic disaster. with the requirements of this Constitution (2) Nothing in this section overrides or that have been overridden under this Article otherwise affects the provisions of section because of the Governor’s declaration of a 15b, Article V of this Constitution. [Created catastrophic disaster. through H.J.R. 7, 2011, and adopted by the people Nov. (5) The Governor may not invoke the 6, 2012] provisions of sections 1 to 5 of this Article Section 5. Participation in session of more than one time with respect to the same Legislative Assembly by electronic or catastrophic disaster. A determination under other means. For purposes of sections 3 and subsection (1) of this section or an extension 4 of this Article, a member of the Legislative described in subsection (2) of this section Assembly who cannot be physically present that establishes a date upon which the pro- at a session convened under section 1 of this visions of sections 1 to 5 of this Article shall Article shall be considered in attendance if cease to be operative does not prevent in- the member is able to participate in the ses- voking the provisions of sections 1 to 5 of sion through electronic or other means that this Article in response to a new declaration enable the member to hear or read the pro- by the Governor that a different catastrophic ceedings as the proceedings are occurring disaster has occurred. [Created through H.J.R. 7, and enable others to hear or read the 2011, and adopted by the people Nov. 6, 2012] member’s votes or other contributions as the votes or other contributions are occurring. [Created through H.J.R. 7, 2011, and adopted by the people Nov. 6, 2012] ARTICLE XI Section 6. Termination of operation CORPORATIONS AND INTERNAL of this Article; extension by Legislative IMPROVEMENTS Assembly; transition provisions; limitation on power of Governor to invoke this Sec. 1. Prohibition of state banks Article. (1) Except as provided in subsection 2. Formation of corporations; municipal char- (2) of this section, the provisions of sections ters; intoxicating liquor regulation 1 to 5 of this Article, once invoked, shall 2a. Merger of adjoining municipalities; county- cease to be operative not later than 30 days city consolidation 3. Liability of stockholders following the date the Governor invoked the 4. Compensation for property taken by corpo- provisions of sections 1 to 5 of this Article, ration or on an earlier date recommended by the 5. Restriction of municipal powers in Acts of Governor and determined by the Legislative incorporation Assembly. The Governor may not recommend 6. State not to be stockholder in company; exceptions; inapplicability to public universi- a date under this subsection unless the Gov- ties ernor finds and declares that the immediate 7. Credit of State Not to Be Loaned; Limitation response to the catastrophic disaster has Upon Power of Contracting Debts ended. 8. State not to assume debts of counties, towns or other corporations (2) Prior to expiration of the 30-day limit 9. Limitations on powers of county or city to established in subsection (1) of this section, assist corporations the Legislative Assembly may extend the op- 10. County debt limitation 11. Property tax limitations on assessed value eration of sections 1 to 5 of this Article be- and rate of tax; exceptions yond the 30-day limit upon the approval of 11b. Property tax categories; limitation on cate- three-fifths of the members of each house gories; exceptions who are able to attend a session described in 11c. Limits in addition to other tax limits subsection (3) of section 3 of this Article. 11d. Effect of section 11b on exemptions and assessments (3) The determination by the Legislative 11e. Severability of sections 11b, 11c and 11d Assembly required by subsection (1) of this 11k. Limitation on applicability of section 11 (8) section or an extension described in subsec- voting requirements to elections on measures held in May or November of any year tion (2) of this section shall take the form of 11L. Limitation on applicability of sections 11 and a bill. A bill that extends the operation of 11b on bonded indebtedness to finance capi- sections 1 to 5 of this Article shall establish tal costs a date upon which the provisions of sections 12. People’s utility districts 1 to 5 of this Article shall cease to be oper- 13. Interests of employes when operation of ative. A bill described in this subsection transportation system assumed by public body shall be presented to the Governor for action 14. Metropolitan service district charter in accordance with section 15b, Article V of 15. Funding of programs imposed upon local this Constitution. governments; exceptions

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Section 1. Prohibition of state banks. idated government. [Created through H.J.R. 10, The Legislative Assembly shall not have the 1913, and adopted by the people Nov. 3, 1914; Amend- power to establish, or incorporate any bank ment proposed by S.J.R. 29, 1967, and adopted by the or banking company, or monied [sic] institu- people Nov. 5, 1968] tion whatever; nor shall any bank company, Section 3. Liability of stockholders. or instition [sic] exist in the State, with the The stockholders of all corporations and privilege of making, issuing, or putting in joint stock companies shall be liable for the circulation, any bill, check, certificate, indebtedness of said corporation to the prommisory [sic] note, or other paper, or the amount of their stock subscribed and unpaid paper of any bank company, or person, to and no more, excepting that the stockholders circulate as money. — of corporations or joint stock companies Note: The semicolon appearing in the signed Con- conducting the business of banking shall be stitution after the word “whatever” in section 1 was not individually liable equally and ratably and in the original draft reported to and adopted by the not one for another, for the benefit of the convention and is not part of the Constitution. State v. depositors of said bank, to the amount of H.S. & L.A., 8 Or. 396, 401 (1880). their stock, at the par value thereof, in ad- Section 2. Formation of corporations; dition to the par value of such shares, unless municipal charters; intoxicating liquor such banking corporation shall have provided regulation. Corporations may be formed un- security through membership in the federal der general laws, but shall not be created by deposit insurance corporation or other in- the Legislative Assembly by special laws. strumentality of the United States or other- The Legislative Assembly shall not enact, wise for the benefit of the depositors of said amend or repeal any charter or act of incor- bank equivalent in amount to such double poration for any municipality, city or town. liability of said stockholders. [Constitution of The legal voters of every city and town are 1859; Amendment proposed by S.J.R. 13, 1911, and adopted by the people Nov. 5, 1912; Amendment pro- hereby granted power to enact and amend posed by H.J.R. 2, 1943, and adopted by the people Nov. their municipal charter, subject to the Con- 7, 1944] stitution and criminal laws of the State of Oregon, and the exclusive power to license, Section 4. Compensation for property regulate, control, or to suppress or prohibit, taken by corporation. No person’s property the sale of intoxicating liquors therein is shall be taken by any corporation under au- vested in such municipality; but such munic- thority of law, without compensation being ipality shall within its limits be subject to first made, or secured in such manner as the provisions of the local option law of the may be prescribed by law. State of Oregon. [Constitution of 1859; Amendment Section 5. Restriction of municipal proposed by initiative petition filed Dec.13, 1905, and adopted by the people June 4, 1906; Amendment pro- powers in Acts of incorporation. Acts of posed by initiative petition filed June 23, 1910, and the Legislative Assembly, incorporating adopted by the people Nov. 8, 1910] towns, and cities, shall restrict their powers of taxation, borrowing money, contracting Section 2a. Merger of adjoining mu- debts, and loaning their credit. — nicipalities; county-city consolidation. (1) The Legislative Assembly, or the people by Section 6. State not to be stockholder the Initiative, may enact a general law pro- in company; exceptions; inapplicability to viding a method whereby an incorporated public universities. (1) Except as provided city or town or municipal corporation may in subsection (3) of this section, the state surrender its charter and be merged into an shall not subscribe to, or be interested in the adjoining city or town, provided a majority stock of any company, association or corpo- of the electors of each of the incorporated ration. However, as provided by law the state cities or towns or municipal corporations af- may hold and dispose of stock, including fected authorize the surrender or merger, as stock already received, that is donated or the case may be. bequeathed; and may invest, in the stock of any company, association or corporation, any (2) In all counties having a city therein funds or moneys that: containing over 300,000 inhabitants, the (a) Are donated or bequeathed for higher county and city government thereof may be education purposes; consolidated in such manner as may be provided by law with one set of officers. The (b) Are the proceeds from the disposition consolidated county and city may be incor- of stock that is donated or bequeathed for porated under general laws providing for in- higher education purposes, including stock corporation for municipal purposes. The already received; or provisions of this Constitution applicable to (c) Are dividends paid with respect to cities, and also those applicable to counties, stock that is donated or bequeathed for so far as not inconsistent or prohibited to higher education purposes, including stock cities, shall be applicable to such consol- already received.

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(2) Notwithstanding the limits contained created to repel invasion, suppress insurrec- in subsection (1) of this section, the state tion, or defend the State in war. — may hold and dispose of stock: Section 9. Limitations on powers of (a) Received in exchange for technology county or city to assist corporations. (1) created in whole or in part by a public insti- No county, city, town or other municipal tution of post-secondary education; or corporation, by vote of its citizens, or other- (b) Received prior to December 5, 2002, wise, shall become a stockholder in any joint as a state asset invested in the creation or company, corporation or association, what- development of technology or resources ever, or raise money for, or loan its credit to, within Oregon. or in aid of, any such company, corporation or association. (3) Subsections (1) and (2) of this section do not apply to public universities. (2) Notwithstanding subsection (1) of this [Constitution of 1859; Amendment proposed by H.J.R. 11, section, any municipal corporation desig- 1955, and adopted by the people Nov. 6, 1956; Amend- nated as a port under any general or special ment proposed by H.J.R. 27, 1969, and adopted by the law of the state of Oregon may be em- people Nov. 3, 1970; Amendment proposed by S.J.R. 17, powered by statute to raise money and ex- 2001, and adopted by the people May 21, 2002; Amend- ment proposed by H.J.R. 203, 2016, and adopted by the pend the same in the form of a bonus to aid people Nov. 8, 2016] in establishing water transportation lines be- Note: H.J.R. 203, 2016, adopted by the people Nov. tween such port and any other domestic or 8, 2016, did not properly indicate that the initial “the” foreign port or ports, and to aid in establish- should be printed lowercase. ing water transportation lines on the interior rivers of this state, or on the rivers between Section 7. Credit of State Not to Be Washington and Oregon, or on the rivers of Loaned; Limitation Upon Power of Con- Washington and Idaho reached by navigation tracting Debts. The Legislative Assembly from Oregon’s rivers. Any debts of a munic- shall not lend the credit of the state nor in ipality to raise money created for the afore- any manner create any debt or liabilities said purpose shall be incurred only on which shall singly or in the aggregate with approval of a majority of those voting on the previous debts or liabilities exceed the sum question, and shall not, either singly or in of fifty thousand dollars, except in case of the aggregate, with previous debts and li- war or to repel invasion or suppress insur- abilities incurred for that purpose, exceed rection or to build and maintain permanent one percent of the assessed valuation of all roads; and the Legislative Assembly shall not property in the municipality. lend the credit of the state nor in any man- (3) The prohibitions and limitations set ner create any debts or liabilities to build forth in subsection (1) of this section do not and maintain permanent roads which shall apply to the use by a county, city, town or singly or in the aggregate with previous other municipal corporation of bonded in- debts or liabilities incurred for that purpose debtedness that is payable from ad valorem exceed one percent of the true cash value of taxes not subject to limitation under section all the property of the state taxed on an ad 11 or 11b of this Article to finance capital valorem basis; and every contract of indebt- costs of affordable housing, but only if: edness entered into or assumed by or on be- (a) The bonded indebtedness is approved half of the state in violation of the provisions by the majority of voters voting on the of this section shall be void and of no effect. measure authorizing the bonded indebtedness This section does not apply to any agreement at an election that meets the requirements entered into pursuant to law by the state or of subsection (8) of section 11 of this Article, any agency thereof for the lease of real as modified by section 11k of this Article; property to the state or agency for any period not exceeding 20 years and for a public (b) The measure authorizing the bonded indebtedness describes “affordable housing” purpose. [Constitution of 1859; Amendment proposed by initiative petition filed July 2, 1912, and adopted by for purposes of the measure; the people Nov. 5, 1912; Amendment proposed by H.J.R. (c) The jurisdiction authorizing the 11, 1920 (s.s.), and adopted by the people May 21, 1920; bonded indebtedness provides for annual au- Amendment proposed by S.J.R. 4, 1961, and adopted by the people Nov. 6, 1962; Amendment proposed by S.J.R. dits of and public reporting on the expendi- 19, 1963, and adopted by the people Nov. 3, 1964] ture of proceeds of the bonded indebtedness; and Note: The leadline to section 7 was a part of the measure submitted to the people by H.J.R. 11, 1920 (s.s.). (d) The principal amount of the jurisdiction’s bonded indebtedness outstand- Section 8. State not to assume debts ing for such purpose does not exceed one-half of counties, towns or other corporations. of one percent of the real market value of all The State shall never assume the debts of property in the jurisdiction. [Constitution of any county, town, or other corporation 1859; Amendment proposed by S.J.R. 13, 1917, and whatever, unless such debts, shall have been adopted by the people June 4, 1917; Amendment pro-

Oregon Constitution Page 40 (2020 Edition) CONSTITUTION OF OREGON Art. XI§11 posed by H.J.R. 201, 2018, and adopted by the people (B) The property is partitioned or subdi- Nov. 6, 2018] vided; Section 10. County debt limitation. No (C) The property is rezoned and used county shall create any debt or liabilities consistently with the rezoning; which shall singly or in the aggregate, with previous debts or liabilities, exceed the sum (D) The property is first taken into ac- of $5,000; provided, however, counties may count as omitted property; incur bonded indebtedness in excess of such (E) The property becomes disqualified $5,000 limitation to carry out purposes au- from exemption, partial exemption or special thorized by statute, such bonded indebted- assessment; or ness not to exceed limits fixed by statute. [Constitution of 1859; Amendment proposed by initiative (F) A lot line adjustment is made with petition filed July 7, 1910, and adopted by the people respect to the property, except that the total Nov. 8, 1910; Amendment proposed by initiative petition assessed value of all property affected by a filed July 2, 1912, and adopted by the people Nov. 5, lot line adjustment shall not exceed the total 1912; Amendment proposed by S.J.R. 11, 1919, and adopted by the people June 3, 1919; Amendment pro- maximum assessed value of the affected posed by H.J.R. 7, 1920 (s.s.), and adopted by the people property under paragraph (a) or (b) of this May 21, 1920; Amendment proposed by S.J.R. 1, 1921 subsection. (s.s.), and adopted by the people Nov. 7, 1922; Amend- ment proposed by S.J.R. 5, 1921 (s.s.), and adopted by (d) Property shall be valued under para- the people Nov. 7, 1922; Amendment proposed by H.J.R. graph (c) of this subsection only for the first 3, 1925, and adopted by the people Nov. 2, 1926; tax year in which the changes described in Amendment proposed by S.J.R. 18, 1925, and adopted by paragraph (c) of this subsection are taken the people Nov. 2, 1926; Amendment proposed by H.J.R. 19, 1925, and adopted by the people Nov. 2, 1926; into account following the effective date of Amendment proposed by H.J.R. 21, 1957, and adopted by this section. For each tax year thereafter, the people Nov. 4, 1958] the limits described in paragraph (b) of this Section 11. Tax and indebtedness limitation. subsection apply. [Created through initiative petition filed July 6, 1916, (e) The Legislative Assembly shall enact and adopted by the people Nov. 7, 1916; Amendment proposed by H.J.R. 9, 1931, and adopted by the people laws that establish property classes and Nov. 8, 1932; Amendment proposed by H.J.R. 9, 1951, and areas sufficient to make a determination un- adopted by the people Nov. 4, 1952; Repeal proposed by der paragraph (c) of this subsection. S.J.R. 33, 1961, and adopted by the people Nov. 6, 1962 (second section 11 of this Article adopted in lieu of this (f) Each property’s assessed value shall section)] not exceed the property’s real market value. Section 11. Tax base limitation. [Created through (g) There shall not be a reappraisal of the S.J.R. 33, 1961, and adopted by the people Nov. 6, 1962 real market value used in the tax year be- (this section adopted in lieu of first section 11 of this Article); Amendment proposed by H.J.R. 28, 1985, and ginning July 1, 1995, for purposes of deter- adopted by the people May 20, 1986; Repeal proposed mining the property’s maximum assessed by H.J.R. 85, 1997, and adopted by the people May 20, value under paragraph (a) of this subsection. 1997 (present section 11 of this Article adopted in lieu of this section and sections 11a, 11f, 11g, 11h, 11i and (2) The maximum assessed value of prop- 11j of this Article)] erty that is assessed under a partial ex- Section 11. Property tax limitations emption or special assessment law shall be on assessed value and rate of tax; excep- determined by applying the percentage re- tions. (1)(a) For the tax year beginning July duction of paragraph (a) and the limit of 1, 1997, each unit of property in this state paragraph (b) of subsection (1) of this sec- shall have a maximum assessed value for ad tion, or if newly eligible for partial ex- valorem property tax purposes that does not emption or special assessment, using a ratio exceed the property’s real market value for developed in a manner consistent with para- the tax year beginning July 1, 1995, reduced graph (c) of subsection (1) of this section to by 10 percent. the property’s partially exempt or specially assessed value in the manner provided by (b) For tax years beginning after July 1, law. After disqualification from partial ex- 1997, the property’s maximum assessed value emption or special assessment, any additional shall not increase by more than three per- taxes authorized by law may be imposed, but cent from the previous tax year. in the aggregate may not exceed the amount (c) Notwithstanding paragraph (a) or (b) that would have been imposed under this of this subsection, property shall be valued section had the property not been partially at the ratio of average maximum assessed exempt or specially assessed for the years for value to average real market value of prop- which the additional taxes are being col- erty located in the area in which the prop- lected. erty is located that is within the same (3)(a)(A) The Legislative Assembly shall property class, if on or after July 1, 1995: enact laws to reduce the amount of ad (A) The property is new property or new valorem property taxes imposed by local tax- improvements to property; ing districts in this state so that the total of

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all ad valorem property taxes imposed in this of this section), then any ad valorem prop- state for the tax year beginning July 1, 1997, erty taxes attributable to the excess above is reduced by 17 percent from the total of all four percent shall reduce the dollar amount ad valorem property taxes that would have of the reduction described in subparagraph been imposed under repealed sections 11 and (A) of this paragraph. 11a of this Article (1995 Edition) and section (b) For the tax year beginning July 1, 11b of this Article but not taking into ac- 1997, the ad valorem property taxes that count Ballot Measure 47 (1996), for the tax were reduced under paragraph (a) of this year beginning July 1, 1997. subsection shall be imposed on the assessed (B) The ad valorem property taxes to be value of property in a local taxing district as reduced under subparagraph (A) of this par- provided by law, and the rate of the ad agraph are those taxes that would have been valorem property taxes imposed under this imposed under repealed sections 11 or 11a of paragraph shall be the local taxing district’s this Article (1995 Edition) or section 11b of permanent limit on the rate of ad valorem this Article, as modified by subsection (11) property taxes imposed by the district for tax of this section, other than taxes described in years beginning after July 1, 1997, except as subsection (4), (5), (6) or (7) of this section, provided in subsection (5) of this section. taxes imposed to pay bonded indebtedness (c)(A) A local taxing district that has not described in section 11b of this Article, as previously imposed ad valorem property taxes modified by paragraph (d) of subsection (11) and that seeks to impose ad valorem property of this section, or taxes described in section taxes shall establish a limit on the rate of ad 1c, Article IX of this Constitution. valorem property tax to be imposed by the (C) It shall be the policy of this state to district. The rate limit established under this distribute the reductions caused by this par- subparagraph shall be approved by a majority agraph so as to reflect: of voters voting on the question. The rate (i) The lesser of ad valorem property limit approved under this subparagraph shall taxes imposed for the tax year beginning serve as the district’s permanent rate limit July 1, 1995, reduced by 10 percent, or ad under paragraph (b) of this subsection. valorem property taxes imposed for the tax (B) The voter participation requirements year beginning July 1, 1994; described in subsection (8) of this section (ii) Growth in new value under subpara- apply to an election under this paragraph. graph (A), (B), (C), (D) or (E) of paragraph (c) (d) If two or more local taxing districts of subsection (1) of this section, as added to seek to consolidate or merge, the limit on the assessment and tax rolls for the tax year the rate of ad valorem property tax to be beginning July 1, 1996, or July 1, 1997 (or, if imposed by the consolidated or merged dis- applicable, for the tax year beginning July trict shall be the rate that would produce the 1, 1995); and same tax revenue as the local taxing districts would have cumulatively produced in the (iii) Ad valorem property taxes author- year of consolidation or merger, if the con- ized by voters to be imposed in tax years be- solidation or merger had not occurred. ginning on or after July 1, 1996, and imposed according to that authority for the tax year (e)(A) If a local taxing district divides, beginning July 1, 1997. the limit on the rate of ad valorem property tax to be imposed by each local taxing dis- (D) It shall be the policy of this state and trict after division shall be the same as the the local taxing districts of this state to pri- local taxing district’s rate limit under para- oritize public safety and public education in graph (b) of this subsection prior to division. responding to the reductions caused by this paragraph while minimizing the loss of (B) Notwithstanding subparagraph (A) of decision-making control of local taxing dis- this paragraph, the limit determined under tricts. this paragraph shall not be greater than the rate that would have produced the same (E) If the total value for the tax year be- amount of ad valorem property tax revenue ginning July 1, 1997, of additions of value in the year of division, had the division not described in subparagraph (A), (B), (C), (D) occurred. or (E) of paragraph (c) of subsection (1) of this section that are added to the assessment (f) Rates of ad valorem property tax es- and tax rolls for the tax year beginning July tablished under this subsection may be car- 1, 1996, or July 1, 1997, exceeds four percent ried to a number of decimal places provided of the total assessed value of property state- by law and rounded as provided by law. wide for the tax year beginning July 1, 1997 (g) Urban renewal levies described in this (before taking into account the additions of subsection shall be imposed as provided in value described in subparagraph (A), (B), (C), subsections (15) and (16) of this section and (D) or (E) of paragraph (c) of subsection (1) may not be imposed under this subsection.

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(h) Ad valorem property taxes described debt at an earlier date or on a different in this subsection shall be subject to the schedule than established in the agreement limitations described in section 11b of this creating the debt. Article, as modified by subsection (11) of this (B) A levy described in this subsection section. shall be subject to the limitations imposed (4)(a)(A) A local taxing district other under section 11b of this Article, as modified than a school district may impose a local by subsection (11) of this section. option ad valorem property tax that exceeds (c)(A) As used in this subsection, “local the limitations imposed under this section by government pension and disability plan obli- submitting the question of the levy to voters gations that commit ad valorem property in the local taxing district and obtaining the taxes” is limited to contractual obligations approval of a majority of the voters voting for which the levy of ad valorem property on the question. taxes has been committed by a local govern- (B) The Legislative Assembly may enact ment charter provision that was in effect on laws permitting a school district to impose a December 5, 1996, and, if in effect on De- local option ad valorem property tax as oth- cember 5, 1996, as amended thereafter. erwise provided under this subsection. (B) The rates of ad valorem property (b) A levy imposed pursuant to legislation taxes described in this paragraph may be ad- enacted under this subsection may be im- justed so that the maximum allowable rate posed for no more than five years, except is capable of raising the revenue that the that a levy for a capital project may be im- levy would have been authorized to raise if posed for no more than the lesser of the ex- applied to property valued at real market pected useful life of the capital project or 10 value. years. (C) Notwithstanding subparagraph (B) of (c) The voter participation requirements this paragraph, ad valorem property taxes described in subsection (8) of this section described in this paragraph shall be taken apply to an election held under this subsec- into account for purposes of the limitations tion. in section 11b of this Article, as modified by subsection (11) of this section. (5)(a) Any portion of a local taxing district levy shall not be subject to reduction (D) If any proposed amendment to a and limitation under paragraphs (a) and (b) charter described in subparagraph (A) of this of subsection (3) of this section if that por- paragraph permits the ad valorem property tion of the levy is used to repay: tax levy for local government pension and disability plan obligations to be increased, (A) Principal and interest for any bond the amendment must be approved by voters issued before December 5, 1996, and secured in an election. The voter participation re- by a pledge or explicit commitment of ad quirements described in subsection (8) of this valorem property taxes or a covenant to levy section apply to an election under this sub- or collect ad valorem property taxes; paragraph. No amendment to any charter (B) Principal and interest for any other described in this paragraph may cause ad formal, written borrowing of moneys exe- valorem property taxes to exceed the limita- cuted before December 5, 1996, for which ad tions of section 11b of this Article, as valorem property tax revenues have been amended by subsection (11) of this section. pledged or explicitly committed, or that are (d) If the levy described in this subsec- secured by a covenant to levy or collect ad tion was a tax base or other permanent con- valorem property taxes; tinuing levy, other than a levy imposed for (C) Principal and interest for any bond the purpose described in subparagraph (D) of issued to refund an obligation described in paragraph (a) of this subsection, prior to the subparagraph (A) or (B) of this paragraph; or effective date of this section, for the tax year following the repayment of debt described in (D) Local government pension and disa- this subsection the local taxing district’s rate bility plan obligations that commit ad of ad valorem property tax established under valorem property taxes and to ad valorem paragraph (b) of subsection (3) of this section property taxes imposed to fulfill those obli- shall be increased to the rate that would gations. have been in effect had the levy not been (b)(A) A levy described in this subsection excepted from the reduction described in shall be imposed on assessed value as other- subsection (3) of this section. No adjustment wise provided by law in an amount sufficient shall be made to the rate of ad valorem to repay the debt described in this subsec- property tax of local taxing districts other tion. Ad valorem property taxes may not be than the district imposing a levy under this imposed under this subsection that repay the subsection.

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(e) If this subsection would apply to a the question in an election held on or after levy described in paragraph (d) of this sub- December 5, 1996, and before the effective section, the local taxing district imposing the date of this section if the election met the levy may elect out of the provisions of this voter participation requirements described in subsection. The levy of a local taxing district subsection (8) of this section and the ad making the election shall be included in the valorem property taxes were first imposed for reduction and ad valorem property tax rate the tax year beginning July 1, 1997. A levy determination described in subsection (3) of described in this paragraph shall be treated this section. as a local option ad valorem property tax (6)(a) The ad valorem property tax of a under subsection (4) of this section. This local taxing district, other than a city, paragraph does not apply to levies described county or school district, that is used to in subsection (5) of this section or to levies support a hospital facility shall not be sub- to pay bonded indebtedness described in sec- ject to the reduction described in paragraph tion 11b of this Article, as modified by sub- (a) of subsection (3) of this section. The en- section (11) of this section. tire ad valorem property tax imposed under (8) An election described in subsection this subsection for the tax year beginning (3), (4), (5)(c)(D), (7)(a) or (c) or (11) of this July 1, 1997, shall be the local taxing section shall authorize the matter upon district’s permanent limit on the rate of ad which the election is being held only if: valorem property taxes imposed by the dis- (a) At least 50 percent of registered vot- trict under paragraph (b) of subsection (3) of ers eligible to vote in the election cast a this section. ballot; or (b) Ad valorem property taxes described (b) The election is a general election in in this subsection shall be subject to the an even-numbered year. limitations imposed under section 11b of this Article, as modified by subsection (11) of this (9) The Legislative Assembly shall re- section. place, from the state’s General Fund, revenue lost by the public school system (7) Notwithstanding any other existing or because of the limitations of this section. former provision of this Constitution, the The amount of the replacement revenue shall following are validated, ratified, approved not be less than the total replaced in fiscal and confirmed: year 1997-1998. (a) Any levy of ad valorem property taxes (10)(a) As used in this section: approved by a majority of voters voting on the question in an election held before De- (A) “Improvements” includes new con- cember 5, 1996, if the election met the voter struction, reconstruction, major additions, participation requirements described in sub- remodeling, renovation and rehabilitation, section (8) of this section and the ad valorem including installation, but does not include property taxes were first imposed for the tax minor construction or ongoing maintenance year beginning July 1, 1996, or July 1, 1997. and repair. A levy described in this paragraph shall not (B) “Ad valorem property tax” does not be subject to reduction under paragraph (a) include taxes imposed to pay principal and of subsection (3) of this section but shall be interest on bonded indebtedness described in taken into account in determining the local paragraph (d) of subsection (11) of this sec- taxing district’s permanent rate of ad tion. valorem property tax under paragraph (b) of subsection (3) this section. This paragraph (b) In calculating the addition to value does not apply to levies described in subsec- for new property and improvements, the tion (5) of this section or to levies to pay amount added shall be net of the value of bonded indebtedness described in section 11b retired property. of this Article, as modified by subsection (11) (11) For purposes of this section and for of this section. purposes of implementing the limits in sec- (b) Any serial or one-year levy to replace tion 11b of this Article in tax years begin- an existing serial or one-year levy approved ning on or after July 1, 1997: by a majority of the voters voting on the (a)(A) The real market value of property question at an election held after December shall be the amount in cash that could rea- 4, 1996, and to be first imposed for the tax sonably be expected to be paid by an in- year beginning July 1, 1997, if the rate or the formed buyer to an informed seller, each amount of the levy approved is not greater acting without compulsion in an arm’s length than the rate or the amount of the levy re- transaction occurring as of the assessment placed. date for the tax year, as established by law. (c) Any levy of ad valorem property taxes (B) The Legislative Assembly shall enact approved by a majority of voters voting on laws to adjust the real market value of

Oregon Constitution Page 44 (2020 Edition) CONSTITUTION OF OREGON Art. XI§11 property to reflect a substantial casualty loss (13) As used in subsection (11) of this of value after the assessment date. section, with respect to bonded indebtedness (b) The $5 (public school system) and $10 issued on or after December 5, 1996, “capital (other government) limits on property taxes construction” and “capital improvements”: per $1,000 of real market value described in (a) Include public safety and law en- subsection (1) of section 11b of this Article forcement vehicles with a projected useful shall be determined on the basis of property life of five years or more; and taxes imposed in each geographic area taxed (b) Do not include: by the same local taxing districts. (c)(A) All property taxes described in this (A) Maintenance and repairs, the need section are subject to the limits described in for which could reasonably be anticipated. paragraph (b) of this subsection, except for (B) Supplies and equipment that are not taxes described in paragraph (d) of this sub- intrinsic to the structure. section. (14) Ad valorem property taxes imposed (B) If property taxes exceed the limita- to pay principal and interest on bonded in- tions imposed under either category of local debtedness described in section 11b of this taxing district under paragraph (b) of this Article, as modified by subsection (11) of this subsection: section, shall be imposed on the assessed (i) Any local option ad valorem property value of the property determined under this taxes imposed under this subsection shall be section or, in the case of specially assessed proportionally reduced by those local taxing property, as otherwise provided by law or as districts within the category that is imposing limited by this section, whichever is applica- local option ad valorem property taxes; and ble. (ii) After local option ad valorem prop- (15) If ad valorem property taxes are di- erty taxes have been eliminated, all other ad vided as provided in section 1c, Article IX of valorem property taxes shall be propor- this Constitution, in order to fund a redevel- tionally reduced by those taxing districts opment or urban renewal project, then not- within the category, until the limits are no withstanding subsection (1) of this section, longer exceeded. the ad valorem property taxes levied against the increase shall be used exclusively to pay (C) The percentages used to make the any indebtedness incurred for the redevelop- proportional reductions under subparagraph ment or urban renewal project. (B) of this paragraph shall be calculated separately for each category. (16) The Legislative Assembly shall enact laws that allow collection of ad valorem (d) Bonded indebtedness, the taxes of property taxes sufficient to pay, when due, which are not subject to limitation under indebtedness incurred to carry out urban re- this section or section 11b of this Article, newal plans existing on December 5, 1996. consists of: These collections shall cease when the in- (A) Bonded indebtedness authorized by a debtedness is paid. Unless excepted from provision of this Constitution; limitation under section 11b of this Article, (B) Bonded indebtedness issued on or be- as modified by subsection (11) of this section, fore November 6, 1990; or nothing in this subsection shall be construed to remove ad valorem property taxes levied (C) Bonded indebtedness: against the increase from the dollar limits in (i) Incurred for capital construction or paragraph (b) of subsection (11) of this sec- capital improvements; and tion. (ii)(I) If issued after November 6, 1990, (17)(a) If, in an election on November 5, and approved prior to December 5, 1996, the 1996, voters approved a new tax base for a issuance of which has been approved by a local taxing district under repealed section majority of voters voting on the question; or 11 of this Article (1995 Edition) that was not (II) If approved by voters after December to go into effect until the tax year beginning 5, 1996, the issuance of which has been ap- July 1, 1998, the local taxing district’s per- proved by a majority of voters voting on the manent rate limit under subsection (3) of this question in an election that is in compliance section shall be recalculated for the tax year with the voter participation requirements in beginning on July 1, 1998, to reflect: subsection (8) of this section. (A) Ad valorem property taxes that would (12) Bonded indebtedness described in have been imposed had repealed section 11 subsection (11) of this section includes of this Article (1995 Edition) remained in ef- bonded indebtedness issued to refund bonded fect; and indebtedness described in subsection (11) of (B) Any other permanent continuing this section. levies that would have been imposed under

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repealed section 11 of this Article (1995 Edi- through H.J.R. 85, 1997, and adopted by the people May tion), as reduced by subsection (3) of this 20, 1997 (this section adopted in lieu of former sections section. 11, 11a, 11f, 11g, 11h, 11i and 11j of this Article)] Note: The effective date of House Joint Resolution (b) The rate limit determined under this 85, 1997, is June 19, 1997. subsection shall be the local taxing district’s Section 11a. School district tax levy. [Created permanent rate limit for tax years beginning through S.J.R. 3, 1987, and adopted by the people May on or after July 1, 1999. 19, 1987; Repeal proposed by H.J.R. 85, 1997, and adopted by the people May 20, 1997 (present section 11 (18) Section 32, Article I, and section 1, adopted in lieu of this section and sections 11, 11f, 11g, Article IX of this Constitution, shall not ap- 11h, 11i and 11j of this Article)] ply to this section. Section 11b. Property tax categories; (19)(a) The Legislative Assembly shall by limitation on categories; exceptions. (1) statute limit the ability of local taxing dis- During and after the fiscal year 1991-92, tricts to impose new or additional fees, taxes, taxes imposed upon any property shall be assessments or other charges for the purpose separated into two categories: One which of using the proceeds as alternative sources dedicates revenues raised specifically to fund of funding to make up for ad valorem prop- the public school system and one which ded- erty tax revenue reductions caused by the icates revenues raised to fund government initial implementation of this section, unless operations other than the public school sys- the new or additional fee, tax, assessment or tem. The taxes in each category shall be other charge is approved by voters. limited as set forth in the table which fol- (b) This subsection shall not apply to new lows and these limits shall apply whether the or additional fees, taxes, assessments or taxes imposed on property are calculated on other charges for a government product or the basis of the value of that property or on service that a person: some other basis: (A) May legally obtain from a source other than government; and MAXIMUM ALLOWABLE TAXES (B) Is reasonably able to obtain from a For Each $1000.00 of source other than government. Property’s Real Market Value (c) As used in this subsection, “new or additional fees, taxes, assessments or other Fiscal Year School System Other than Schools charges” does not include moneys received 1991-1992 $15.00 $10.00 by a local taxing district as: 1992-1993 $12.50 $10.00 (A) Rent or lease payments; 1993-1994 $10.00 $10.00 1994-1995 $ 7.50 $10.00 (B) Interest, dividends, royalties or other 1995-1996 $ 5.00 $10.00 investment earnings; and thereafter (C) Fines, penalties and unitary assess- Property tax revenues are deemed to be ments; dedicated to funding the public school system (D) Amounts charged to and paid by an- if the revenues are to be used exclusively for other unit of government for products, ser- educational services, including support services or property; or vices, provided by some unit of government, (E) Payments derived from a contract at any level from pre-kindergarten through entered into by the local taxing district as a post-graduate training. proprietary function of the local taxing dis- (2) The following definitions shall apply trict. to this section: (d) This subsection does not apply to a (a) “Real market value” is the minimum local taxing district that derived less than 10 amount in cash which could reasonably be percent of the local taxing district’s operat- expected by an informed seller acting with- ing revenues from ad valorem property taxes, out compulsion, from an informed buyer act- other than ad valorem property taxes im- ing without compulsion, in an “arms-length” posed to pay bonded indebtedness, during the transaction during the period for which the fiscal year ending June 30, 1996. property is taxed. (e) An election under this subsection (b) A “tax” is any charge imposed by a need not comply with the voter participation governmental unit upon property or upon a requirements described in subsection (8) of property owner as a direct consequence of this section. ownership of that property except incurred (20) If any provision of this section is charges and assessments for local improve- determined to be unconstitutional or other- ments. wise invalid, the remaining provisions shall (c) “Incurred charges” include and are continue in full force and effect. [Created specifically limited to those charges by gov-

Oregon Constitution Page 46 (2020 Edition) CONSTITUTION OF OREGON Art. XI§11e ernment which can be controlled or avoided provision of this Constitution, the taxes im- by the property owner. posed upon such property by the taxing units (i) because the charges are based on the in that category shall be reduced evenly by quantity of the goods or services used and the percentage necessary to meet the limita- the owner has direct control over the quan- tion for that category. The percentages used tity; or to reduce the taxes imposed shall be calculated separately for each category and may (ii) because the goods or services are vary from property to property within the provided only on the specific request of the same taxing unit. The limitation imposed by property owner; or this section shall not affect the tax base of (iii) because the goods or services are a taxing unit. provided by the governmental unit only after (5) The Legislative Assembly shall re- the individual property owner has failed to place from the State’s general fund any re- meet routine obligations of ownership and venue lost by the public school system such action is deemed necessary to enforce because of the limitations of this section. regulations pertaining to health or safety. The Legislative Assembly is authorized, Incurred charges shall not exceed the however, to adopt laws which would limit actual costs of providing the goods or ser- the total of such replacement revenue plus vices. the taxes imposed within the limitations of (d) A “local improvement” is a capital this section in any year to the corresponding construction project undertaken by a gov- total for the previous year plus 6 percent. ernmental unit This subsection applies only during fiscal years 1991-92 through 1995-96, inclusive. (i) which provides a special benefit only [Created through initiative petition filed May 8, 1990, to specific properties or rectifies a problem and adopted by the people Nov. 6, 1990] caused by specific properties, and Section 11c. Limits in addition to (ii) the costs of which are assessed other tax limits. The limits in section 11b against those properties in a single assess- of this Article are in addition to any limits ment upon the completion of the project, and imposed on individual taxing units by this Constitution. [Created through initiative petition (iii) for which the payment of the assess- filed May 8, 1990, and adopted by the people Nov. 6, ment plus appropriate interest may be spread 1990] over a period of at least ten years. Section 11d. Effect of section 11b on The total of all assessments for a local exemptions and assessments. Nothing in improvement shall not exceed the actual sections 11b to 11e of this Article is intended costs incurred by the governmental unit in to require or to prohibit the amendment of designing, constructing and financing the any current statute which partially or totally project. exempts certain classes of property or which (3) The limitations of subsection (1) of prescribes special rules for assessing certain this section apply to all taxes imposed on classes of property, unless such amendment property or property ownership except is required or prohibited by the implementation of the limitations imposed by section 11b (a) Taxes imposed to pay the principal of this Article. [Created through initiative petition and interest on bonded indebtedness author- filed May 8, 1990, and adopted by the people Nov. 6, ized by a specific provision of this Constitu- 1990] tion. Section 11e. Severability of sections (b) Taxes imposed to pay the principal 11b, 11c and 11d. If any portion, clause or and interest on bonded indebtedness incurred phrase of sections 11b to 11e of this Article or to be incurred for capital construction or is for any reason held to be invalid or un- improvements, provided the bonds are offered constitutional by a court of competent juris- as general obligations of the issuing govern- diction, the remaining portions, clauses and mental unit and provided further that either phrases shall not be affected but shall remain the bonds were issued not later than No- in full force and effect. [Created through initi- vember 6, 1990, or the question of the issu- ative petition filed May 8, 1990, and adopted by the ance of the specific bonds has been approved people Nov. 6, 1990] by the electors of the issuing governmental Section 11f. School district tax levy following unit. merger. [Created through H.J.R. 14, 1989, and adopted by the people Nov. 6, 1990; Repeal proposed by H.J.R. (4) In the event that taxes authorized by 85, 1997, and adopted by the people May 20, 1997 (pres- any provision of this Constitution to be im- ent section 11 adopted in lieu of this section and posed upon any property should exceed the sections 11, 11a, 11g, 11h, 11i and 11j of this Article)] limitation imposed on either category of tax- Note: Section 11f was designated as “Section 11b” ing units defined in subsection (1) of this by H.J.R. 14, 1989, and adopted by the people Nov. 6, section, then, notwithstanding any other 1990.

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Section 11g. Tax increase limitation; excep- year, including costs associated with acquisi- tions. [Created through initiative petition filed Dec. 8, tion, construction, improvement, remodeling, 1995, and adopted by the people Nov. 5, 1996; Repeal proposed by H.J.R. 85, 1997, and adopted by the people furnishing, equipping, maintenance or repair. May 20, 1997 (present section 11 adopted in lieu of this (b) “Capital costs” does not include costs section and sections 11, 11a, 11f, 11h, 11i and 11j of this Article)] of routine maintenance or supplies. [Created through H.J.R. 13, 2009, and adopted by the people May Section 11h. Voluntary contributions for sup- 18, 2010] port of schools or other public entities. [Created through initiative petition filed Dec. 8, 1995, and Section 12. People’s utility districts. adopted by the people Nov. 5, 1996; Repeal proposed by Peoples’ [sic] Utility Districts may be created H.J.R. 85, 1997, and adopted by the people May 20, 1997 of territory, contiguous or otherwise, within (present section 11 adopted in lieu of this section and sections 11, 11a, 11f, 11g, 11i and 11j of this Article)] one or more counties, and may consist of an incorporated municipality, or municipalities, Section 11i. Legislation to implement limitation and contribution provisions. [Created through initi- with or without unincorporated territory, for ative petition filed Dec. 8, 1995, and adopted by the the purpose of supplying water for domestic people Nov. 5, 1996; Repeal proposed by H.J.R. 85, 1997, and municipal purposes; for the development and adopted by the people May 20, 1997 (present section of water power and/or electric energy; and 11 adopted in lieu of this section and sections 11, 11a, for the distribution, disposal and sale of wa- 11f, 11g, 11h and 11j of this Article)] ter, water power and electric energy. Such Section 11j. Severability of sections 11g, 11h districts shall be managed by boards of di- and 11i. [Created through initiative petition filed Dec. 8, 1995, and adopted by the people Nov. 5, 1996; Repeal rectors, consisting of five members, who proposed by H.J.R. 85, 1997, and adopted by the people shall be residents of such districts. Such dis- May 20, 1997 (present section 11 adopted in lieu of this tricts shall have power: section and sections 11, 11a, 11f, 11g, 11h and 11i of this Article)] (a) To call and hold elections within their respective districts. Section 11k. Limitation on applicability of section 11 (8) voting requirements (b) To levy taxes upon the taxable prop- to elections on measures held in May or erty of such districts. November of any year. Notwithstanding (c) To issue, sell and assume evidences subsection (8) of section 11 of this Article, of indebtedness. subsection (8) of section 11 of this Article (d) To enter into contracts. does not apply to any measure voted on in an election held in May or November of any (e) To exercise the power of eminent do- year. [Created through H.J.R. 15, 2007, and adopted main. by the people Nov. 4, 2008] (f) To acquire and hold real and other Section 11L. Limitation on applicabil- property necessary or incident to the busi- ity of sections 11 and 11b on bonded in- ness of such districts. debtedness to finance capital costs. (1) (g) To acquire, develop, and/or otherwise The limitations of sections 11 and 11b of this provide for a supply of water, water power Article do not apply to bonded indebtedness and electric energy. incurred by local taxing districts if the bonded indebtedness was incurred on or after Such districts may sell, distribute and/or January 1, 2011, to finance capital costs as otherwise dispose of water, water power and defined in subsection (5) of this section. electric energy within or without the territory of such districts. (2) Bonded indebtedness described in subsection (1) of this section includes bonded The legislative assembly shall and the indebtedness issued to refund bonded indebt- people may provide any legislation, that may edness described in subsection (1) of this be necessary, in addition to existing laws, to section. carry out the provisions of this section. [Created through initiative petition filed July 3, 1930, (3) Notwithstanding subsection (1) of this and adopted by the people Nov. 4, 1930] section, subsection (8) of section 11 of this Article, as limited by section 11k of this Ar- Section 13. Interests of employes ticle, applies to measures that authorize when operation of transportation system bonded indebtedness described in subsection assumed by public body. Notwithstanding (1) of this section. the provisions of section 20, Article I, section 10, Article VI, and sections 2 and 9, Article (4) The weighted average life of bonded XI, of this Constitution, when any city, indebtedness incurred on or after January 1, county, political subdivision, public agency 2011, to finance capital costs may not exceed or municipal corporation assumes responsi- the weighted average life of the capital costs bility for the operation of a public transpor- that are financed with that indebtedness. tation system, the city, county, political (5)(a) As used in this section, “capital subdivision, public agency or municipal cor- costs” means costs of land and of other as- poration shall make fair and equitable ar- sets having a useful life of more than one rangements to protect the interests of

Oregon Constitution Page 48 (2020 Edition) CONSTITUTION OF OREGON Art. XI§15 employes and retired employes affected. Such (a) “Enterprise activity” means a pro- protective arrangements may include, with- gram under which a local government sells out being limited to, such provisions as may products or services in competition with a be necessary for the preservation of rights, nongovernment entity. privileges and benefits (including continua- (b) “Local government” means a city, tion of pension rights and payment of bene- county, municipal corporation or municipal fits) under existing collective bargaining utility operated by a board or commission. agreements, or otherwise. [Created through H.J.R. 13, 1965, and adopted by the people Nov. 8, 1966] (c) “Program” means a program or proj- Section 14. Metropolitan service dis- ect imposed by enactment of the Legislative trict charter. (1) The Legislative Assembly Assembly or by rule or order of a state shall provide by law a method whereby the agency under which a local government must legal electors of any metropolitan service provide administrative, financial, social, district organized under the laws of this health or other specified services to persons, state, by majority vote of such electors vot- government agencies or to the public gener- ing thereon at any legally called election, ally. may adopt, amend, revise or repeal a district (d) “Usual and reasonable costs” means charter. those costs incurred by the affected local (2) A district charter shall prescribe the governments for a specific program using organization of the district government and generally accepted methods of service deliv- shall provide directly, or by its authority, for ery and administrative practice. the number, election or appointment, quali- (3) A local government is not required to fications, tenure, compensation, powers and comply with any state law or administrative duties of such officers as the district consid- rule or order enacted or adopted after Janu- ers necessary. Such officers shall among ary 1, 1997, that requires the expenditure of them exercise all the powers and perform all money by the local government for a new the duties, as granted to, imposed upon or program or increased level of service for an distributed among district officers by the existing program until the state appropriates Constitution or laws of this state, by the and allocates to the local government re- district charter or by its authority. imbursement for any costs incurred to carry (3) A district charter may provide for the out the law, rule or order and unless the exercise by ordinance of powers granted to Legislative Assembly provides, by appropri- the district by the Constitution or laws of ation, reimbursement in each succeeding this state. year for such costs. However, a local government may refuse to comply with a state (4) A metropolitan service district shall law or administrative rule or order under have jurisdiction over matters of metropol- this subsection only if the amount appropri- itan concern as set forth in the charter of ated and allocated to the local government the district. by the Legislative Assembly for a program in (5) The initiative and referendum powers a fiscal year: reserved to the people by this Constitution hereby are further reserved to the legal (a) Is less than 95 percent of the usual electors of a metropolitan service district and reasonable costs incurred by the local relative to the adoption, amendment, revision government in conducting the program at the or repeal of a district charter and district same level of service in the preceding fiscal legislation enacted thereunder. Such powers year; or shall be exercised in the manner provided for (b) Requires the local government to county measures under section 10, Article spend for the program, in addition to the VI of this Constitution. [Created by S.J.R. 2, 1989, amount appropriated and allocated by the and adopted by the people Nov. 6, 1990] Legislative Assembly, an amount that ex- Section 15. Funding of programs im- ceeds one-hundredth of one percent of the posed upon local governments; excep- annual budget adopted by the governing body tions. (1) Except as provided in subsection of the local government for that fiscal year. (7) of this section, when the Legislative As- (4) When a local government determines sembly or any state agency requires any lo- that a program is a program for which mon- cal government to establish a new program eys are required to be appropriated and allo- or provide an increased level of service for cated under subsection (1) of this section, if an existing program, the State of Oregon the local government expended moneys to shall appropriate and allocate to the local conduct the program and was not reimbursed government moneys sufficient to pay the on- under this section for the usual and reason- going, usual and reasonable costs of per- able costs of the program, the local govern- forming the mandated service or activity. ment may submit the issue of reimbursement (2) As used in this section: to nonbinding arbitration by a panel of three

Oregon Constitution Page 49 (2020 Edition) Art. XI-A CONSTITUTION OF OREGON

arbitrators. The panel shall consist of one (g) Programs that are intended to inform representative from the Oregon Department citizens about the activities of local govern- of Administrative Services, the League of ments. Oregon Cities and the Association of Oregon (8) When a local government is not re- Counties. The panel shall determine whether quired under subsection (3) of this section to the costs incurred by the local government comply with a state law or administrative are required to be reimbursed under this rule or order relating to an enterprise activ- section and the amount of reimbursement. ity, if a nongovernment entity competes with The decision of the arbitration panel is not the local government by selling products or binding upon the parties and may not be en- services that are similar to the products and forced by any court in this state. services sold under the enterprise activity, (5) In any legal proceeding or arbitration the nongovernment entity is not required to proceeding under this section, the local gov- comply with the state law or administrative ernment shall bear the burden of proving by rule or order relating to that enterprise ac- a preponderance of the evidence that moneys tivity. appropriated by the Legislative Assembly are (9) Nothing in this section shall give rise not sufficient to reimburse the local govern- to a claim by a private person against the ment for the usual and reasonable costs of a State of Oregon based on the establishment program. of a new program or an increased level of (6) Except upon approval by three-fifths service for an existing program without suf- of the membership of each house of the Leg- ficient appropriation and allocation of funds islative Assembly, the Legislative Assembly to pay the ongoing, usual and reasonable shall not enact, amend or repeal any law if costs of performing the mandated service or activity. the anticipated effect of the action is to reduce the amount of state revenues derived (10) Subsection (4) of this section does from a specific state tax and distributed to not apply to a local government when the local governments as an aggregate during local government is voluntarily providing a the distribution period for such revenues im- program four years after the effective date mediately preceding January 1, 1997. of the enactment, rule or order that imposed the program. (7) This section shall not apply to: (11) In lieu of appropriating and allocat- (a) Any law that is approved by three- ing funds under this section, the Legislative fifths of the membership of each house of the Assembly may identify and direct the impo- Legislative Assembly. sition of a fee or charge to be used by a local (b) Any costs resulting from a law creat- government to recover the actual cost of the ing or changing the definition of a crime or program. [Created through H.J.R. 2, 1995, and a law establishing sentences for conviction adopted by the people Nov. 5, 1996] of a crime. Section 15a. Subsequent vote for reaffirmation of section 15. [Created through H.J.R. 2, 1995, and (c) An existing program as enacted by adopted by the people Nov. 5, 1996; Repeal proposed by legislation prior to January 1, 1997, except S.J.R. 39, 1999, and adopted by the people Nov. 7, 2000] for legislation withdrawing state funds for programs required prior to January 1, 1997, unless the program is made optional. ARTICLE XI-A (d) A new program or an increased level RURAL CREDITS of program services established pursuant to [Created through initiative petition filed July 6, action of the Federal Government so long as 1916, and adopted by the people Nov. 7, 1916; Repeal the program or increased level of program proposed by S.J.R. 1, 1941, and adopted by the people services imposes costs on local governments Nov. 3, 1942] 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. ARTICLE XI-A FARM AND HOME LOANS TO (e) Any requirement imposed by the judi- VETERANS cial branch of government. (f) Legislation enacted or approved by Sec. 1. State empowered to make farm and home electors in this state under the initiative and loans to veterans; standards and priorities for loans referendum powers reserved to the people 2. Bonds under section 1, Article IV of this Constitu- 3. Eligibility to receive loans tion. 4. Tax levy

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5. Repeal of conflicting constitutional pro- the people May 17, 1977; Amendment proposed by S.J.R. visions 2, 1999, and adopted by the people Nov. 7, 2000; 6. Refunding bonds Amendment proposed by H.J.R. 7, 2009, and adopted by the people Nov. 2, 2010] Section 1. State empowered to make farm and home loans to veterans; stan- Section 2. Bonds. Bonds of the state of dards and priorities for loans. (1) Not- Oregon containing a direct promise on behalf withstanding the limits contained in section of the state to pay the face value thereof, 7, Article XI of this Constitution, the credit with the interest therein provided for, may of the State of Oregon may be loaned and be issued to an amount authorized by section indebtedness incurred in an amount not to 1 hereof for the purpose of creating said exceed eight percent of the true cash value “Oregon War Veterans’ Fund.” Said bonds of all the property in the state, for the pur- shall be a direct obligation of the state and pose of creating a fund, to be known as the shall be in such form and shall run for such “Oregon War Veterans’ Fund,” to be ad- periods of time and bear such rates of inter- vanced for the acquisition of farms and est as provided by statute. [Created through homes for the benefit of male and female H.J.R. 7, 1943, and adopted by the people Nov. 7, 1944; Amendment proposed by H.J.R. 1, 1949, and adopted by residents of the State of Oregon who served the people Nov. 7, 1950] in the Armed Forces of the United States. Secured repayment thereof shall be and is a Section 3. Eligibility to receive loans. prerequisite to the advancement of money No person shall receive money from the Or- from such fund, except that moneys in the egon War Veterans’ Fund except the follow- Oregon War Veterans’ Fund may also be ap- ing: propriated to the Director of Veterans’ Af- (1) A person who: fairs to be expended, without security, for (a) Resides in the State of Oregon at the the following purposes: time of applying for a loan from the fund; (a) Aiding veterans’ organizations in (b) Is a veteran, as that term is defined connection with their programs of service to by Oregon law; veterans; (c) Served under honorable conditions on (b) Training service officers appointed by active duty in the Armed Forces of the the counties to give aid as provided by law United States; and to veterans and their dependents; (d) Satisfies the requirements applicable (c) Aiding the counties in connection to the funding source for the loan from the with programs of service to veterans; Oregon War Veterans’ Fund. (d) The duties of the Director of (2)(a) The spouse of a person who is Veterans’ Affairs as conservator of the es- qualified to receive a loan under subsection tates of beneficiaries of the United States (1) of this section but who has either been Veterans’ Administration; and missing in action or a prisoner of war while (e) The duties of the Director of on active duty in the Armed Forces of the Veterans’ Affairs in providing services to United States even though the status of veterans, their dependents and survivors. missing or being a prisoner occurred prior to (2) The Director of Veterans’ Affairs may completion of a minimum length of service establish standards and priorities with re- or the person never resided in this state, spect to the granting of loans from the Ore- provided the spouse resides in this state at gon War Veterans’ Fund that, as determined the time of application for the loan. by the director, best accomplish the purposes (b) The surviving spouse of a person who and promote the financial sustainability of was qualified to receive a loan under sub- the Oregon War Veterans’ Fund, including, section (1) of this section but who died while but not limited to, standards and priorities on active duty in the Armed Forces of the necessary to maintain the tax-exempt status United States even though the death oc- of earnings from bonds issued under author- curred prior to completion of a minimum ity of this section and section 2 of this Arti- length of service or the person never resided cle. [Created through H.J.R. 7, 1943, and adopted by in this state, provided the surviving spouse the people Nov. 7, 1944; Amendment proposed by H.J.R. resides in this state at the time of applica- 1, 1949, and adopted by the people Nov. 7, 1950; Amendment proposed by H.J.R. 14, 1951, and adopted by tion for the loan. the people Nov. 4, 1952; Amendment proposed by S.J.R. (c) The eligibility of a surviving spouse 14, 1959, and adopted by the people Nov. 8, 1960; under this subsection shall terminate on the Amendment proposed by H.J.R. 9, 1967, and adopted by the people Nov. 5, 1968; Amendment proposed by H.J.R. spouse’s remarriage. 33, 1969, and adopted by the people Nov. 3, 1970; (3) As used in this section, “active duty” Amendment proposed by H.J.R. 12, 1973, and adopted by the people May 28, 1974; Amendment proposed by H.J.R. does not include attendance at a school un- 10, 1977, and adopted by the people May 17, 1977; der military orders, except schooling incident Amendment proposed by S.J.R. 53, 1977, and adopted by to an active enlistment or a regular tour of

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duty, or normal military training as a re- ARTICLE XI-C serve officer or member of an organized re- WORLD WAR VETERANS’ STATE AID serve or National Guard unit. [Created through SINKING FUND H.J.R. 7, 1943, and adopted by the people Nov. 7, 1944; [Created through H.J.R. 12, 1921, and adopted by Amendment proposed by H.J.R. 1, 1949, and adopted by the people June 7, 1921; Amendment proposed by H.J.R. the people Nov. 7, 1950; Amendment proposed by H.J.R. 7, 1923, and adopted by the people Nov. 4, 1924; Repeal 14, 1951, and adopted by the people Nov. 4, 1952; proposed by S.J.R. 12, 1951, and adopted by the people Amendment proposed by S.J.R. 14, 1959, and adopted Nov. 4, 1952] by the people Nov. 8, 1960; Amendment proposed by H.J.R. 9, 1967, and adopted by the people Nov. 5, 1968; Amendment proposed by S.J.R. 23, 1971, and adopted by the people Nov. 7, 1972; Amendment proposed by H.J.R. 23, 1975, and adopted by the people May 25, 1976; ARTICLE XI-D Amendment proposed by H.J.R. 23, 1979, and adopted STATE POWER DEVELOPMENT by the people May 20, 1980; Amendment proposed by S.J.R. 3, 1995, and adopted by the people Nov. 5, 1996; Sec. 1. State’s rights, title and interest to water and Amendment proposed by S.J.R. 2, 1999, and adopted by water-power sites to be held in perpetuity the people Nov. 7, 2000; Amendment proposed by H.J.R. 2. State’s powers enumerated 7, 2009, and adopted by the people Nov. 2, 2010] 3. Legislation to effectuate article 4. Construction of article Section 4. Tax levy. There shall be Section 1. State’s rights, title and in- levied each year, at the same time and in the terest to water and water-power sites to same manner that other taxes are levied, a be held in perpetuity. The rights, title and tax upon all property in the state of Oregon interest in and to all water for the develop- not exempt from taxation, not to exceed two ment of water power and to water power (2) mills on each dollar valuation, to provide sites, which the state of Oregon now owns for the payment of principal and interest of or may hereafter acquire, shall be held by it the bonds authorized to be issued by this ar- in perpetuity. [Created through initiative petition filed July 7, 1932, and adopted by the people Nov. 8, ticle. The two (2) mills additional tax herein 1932] provided for hereby is specifically authorized and said tax levy hereby authorized shall be Section 2. State’s powers enumerated. The state of Oregon is authorized and em- in addition to all other taxes which may be powered: levied according to law. [Created through H.J.R. 7, 1943, and adopted by the people Nov. 7, 1944; 1. To control and/or develop the water Amendment proposed by H.J.R. 85, 1997, and adopted by power within the state; the people May 20, 1997] 2. To lease water and water power sites Section 5. Repeal of conflicting con- for the development of water power; stitutional provisions. The provisions of 3. To control, use, transmit, distribute, the constitution in conflict with this amend- sell and/or dispose of electric energy; ment hereby are repealed so far as they con- 4. To develop, separately or in conjunc- flict herewith. [Created through H.J.R. 7, 1943, and tion with the United States, or in conjunc- adopted by the people Nov. 7, 1944] tion with the political subdivisions of this state, any water power within the state, and Section 6. Refunding bonds. Refunding to acquire, construct, maintain and/or oper- bonds may be issued and sold to refund any ate hydroelectric power plants, transmission bonds issued under authority of sections 1 and distribution lines; and 2 of this article. There may be issued 5. To develop, separately or in conjunc- and outstanding at any one time bonds ag- tion with the United States, with any state gregating the amount authorized by section or states, or political subdivisions thereof, or 1 hereof, but at no time shall the total of all with any political subdivision of this state, bonds outstanding, including refunding any water power in any interstate stream bonds, exceed the amount so authorized. and to acquire, construct, maintain and/or [Created through H.J.R. 7, 1943, and adopted by the operate hydroelectric power plants, trans- people Nov. 7, 1944] mission and distribution lines; 6. To contract with the United States, with any state or states, or political subdivisions thereof, or with any political subdivi- ARTICLE XI-B sion of this state, for the purchase or STATE PAYMENT OF IRRIGATION acquisition of water, water power and/or AND DRAINAGE DISTRICT INTEREST electric energy for use, transmission, distrib- [Created through H.J.R. 32, 1919, and adopted by ution, sale and/or disposal thereof; the people June 3, 1919; Repeal proposed by H.J.R. 1, 7. To fix rates and charges for the use of 1929, and adopted by the people Nov. 4, 1930] water in the development of water power and

Oregon Constitution Page 52 (2020 Edition) CONSTITUTION OF OREGON Art. XI-F(1)§3 for the sale and/or disposal of water power of Oregon taxed on an ad valorem basis, in and/or electric energy; sufficient amount to provide for the payment 8. To loan the credit of the state, and to of such indebtedness and the interest incur indebtedness to an amount not exceed- thereon. The legislative assembly may pro- ing one and one-half percent of the true cash vide other revenues to supplement or replace value of all the property in the state taxed the said tax levies. The legislature shall en- on an ad valorem basis, for the purpose of act legislation to carry out the provisions providing funds with which to carry out the hereof. This amendment shall supersede all provisions of this article, notwithstanding constitutional provisions in conflict here- any limitations elsewhere contained in this with. [Created through H.J.R. 24, 1947, and adopted by the people Nov. 2, 1948; Amendment proposed by constitution; S.J.R. 7, 1961, and adopted by the people Nov. 6, 1962; 9. To do any and all things necessary or Amendment proposed by H.J.R. 85, 1997, and adopted by convenient to carry out the provisions of this the people May 20, 1997] article. [Created through initiative petition filed July 7, 1932, and adopted by the people Nov. 8, 1932; Amendment proposed by S.J.R. 6, 1961, and adopted by the people Nov. 6, 1962] ARTICLE XI-F(1) Section 3. Legislation to effectuate HIGHER EDUCATION BUILDING article. The legislative assembly shall, and PROJECTS the people may, provide any legislation that may be necessary in addition to existing Sec. 1. State empowered to lend credit for higher education building projects laws, to carry out the provisions of this arti- 2. Limitation on authorization to incur indebt- cle; Provided, that any board or commission edness created, or empowered to administer the laws 3. Sources of revenue enacted to carry out the purposes of this ar- 4. Bonds ticle shall consist of three members and be 5. Legislation to effectuate Article elected without party affiliation or desig- Section 1. State empowered to lend nation. [Created through initiative petition filed July credit for higher education building proj- 7, 1932, and adopted by the people Nov. 8, 1932] ects. The credit of the state may be loaned Section 4. Construction of article. and indebtedness incurred in an amount Nothing in this article shall be construed to which shall not exceed at any one time affect in any way the laws, and the adminis- three-fourths of one percent of the true cash tration thereof, now existing or hereafter value of all the taxable property in the state, enacted, relating to the appropriation and as determined by law to provide funds with use of water for beneficial purposes, other which to acquire, construct, improve, repair, than for the development of water power. equip and furnish buildings, structures, land [Created through initiative petition filed July 7, 1932, and other projects, or parts thereof, that the and adopted by the people Nov. 8, 1932] legislative assembly determines will benefit higher education institutions or activities. [Created through H.J.R. 26, 1949, and adopted by the people Nov. 7, 1950; Amendment proposed by H.J.R. 12, ARTICLE XI-E 1959, and adopted by the people Nov. 8, 1960; Amend- STATE REFORESTATION ment proposed by H.J.R. 101, 2010, and adopted by the people May 18, 2010] Section 1. State empowered to lend Section 2. Limitation on authorization credit for forest rehabilitation and refor- to incur indebtedness. Indebtedness shall estation; bonds; taxation. The credit of the not be incurred to finance projects described state may be loaned and indebtedness in- in section 1 of this Article unless the con- curred in an amount which shall not exceed structing authority conservatively estimates at any one time 3/16 of 1 percent of the true that the constructing authority will have cash value of all the property in the state sufficient revenues to pay the indebtedness taxed on an ad valorem basis, to provide and operate the projects financed with the funds for forest rehabilitation and reforesta- proceeds of the indebtedness. For purposes tion and for the acquisition, management, of this section, “revenues” includes all funds and development of lands for such purposes. available to the constructing authority ex- So long as any such indebtedness shall re- cept amounts appropriated by the legislative main outstanding, the funds derived from the assembly from the General Fund. [Created sale, exchange, or use of said lands, and from through H.J.R. 26, 1949, and adopted by the people Nov. the disposal of products therefrom, shall be 7, 1950; Amendment proposed by H.J.R. 101, 2010, and applied only in the liquidation of such in- adopted by the people May 18, 2010] debtedness. Bonds or other obligations is- Section 3. Sources of revenue. Ad sued pursuant hereto may be renewed or valorem taxes shall be levied annually upon refunded. An ad valorem tax shall be levied all the taxable property in the state of Ore- annually upon all the property in the state gon in sufficient amount, with the aforesaid

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revenues, to provide for the payment of such Bonds of the State of Oregon, containing indebtedness and the interest thereon. The a direct promise on behalf of the state to pay legislative assembly may provide other re- the face value thereof with the interest venues to supplement or replace such tax thereon provided for may be issued to an levies. [Created through H.J.R. 26, 1949, and adopted amount authorized in Section 1 hereof for by the people Nov. 7, 1950; Amendment proposed by the purpose of creating said World War II H.J.R. 101, 2010, and adopted by the people May 18, Veterans’ Compensation Fund. Refunding 2010] bonds may be issued and sold to refund any Section 4. Bonds. Bonds issued pursuant bonds issued under authority of Section 1 to this article shall be the direct general ob- hereof. There may be issued and outstanding ligations of the state, and be in such form, at any one time bonds aggregating the run for such periods of time, and bear such amount authorized by Section 1, but at no rates of interest, as shall be provided by time shall the total of all bonds outstanding, statute. Such bonds may be refunded with including refunding bonds, exceed the bonds of like obligation. Unless provided by amount so authorized. Said bonds shall be a statute, no bonds shall be issued pursuant to direct obligation of the State and shall be in this article for the construction of buildings such form and shall run for such periods of or other structures for higher education until time and bear such rates of interest as shall after all of the aforesaid outstanding revenue be provided by statute. No person shall be bonds shall have been redeemed or refunded. eligible to receive money from said fund ex- [Created through H.J.R. 26, 1949, and adopted by the cept the veterans as defined in Section 3 of people Nov. 7, 1950] this act [sic]. The legislature shall and the Section 5. Legislation to effectuate people may provide any additional legislation Article. The legislative assembly shall enact that may be necessary, in addition to existing legislation to carry out the provisions hereof. laws, to carry out the provisions of this sec- This article shall supersede all conflicting tion. [Created through initiative petition filed June 30, constitutional provisions. [Created through 1950, and adopted by the people Nov. 7, 1950] H.J.R. 26, 1949, and adopted by the people Nov. 7, 1950] Section 2. Definitions. The following words, terms, and phrases, as used in this act [sic] shall have the following meaning unless the text otherwise requires: ARTICLE XI-F(2) VETERANS’ BONUS 1. “Domestic service” means service within the continental limits of the United States, excluding Alaska, Hawaii, Canal Zone Sec. 1. State empowered to lend credit to pay veterans’ bonus; issuance of bonds and Puerto Rico. 2. Definitions 2. “Foreign Service” means service in all 3. Amount of bonus 4. Survivors of certain deceased veterans enti- other places, including sea duty. tled to maximum amount 3. “Husband” means the unremarried 5. Certain persons not eligible 6. Order of distribution among survivors husband, and “wife” means the unremarried 7. Bonus not saleable or assignable; bonus free wife. from creditors’ claims and state taxes 4. “Child or Children” means child or 8. Administration of Article; rules and regulations children of issue, child or children by adop- 9. Applications tion or child or children to whom the de- 10. Furnishing forms; printing, office supplies ceased person has stood in loco parentis for and equipment; employes; payment of ex- one year or more immediately preceding his penses death. Section 1. State empowered to lend 5. “Parent or Parents” means natural credit to pay veterans’ bonus; issuance parent or parents; parent or parents by of bonds. Notwithstanding the limitations adoption; or, person or persons, including contained in Section 7 of Article XI of the stepparent or stepparents, who have stood in constitution, the credit of the State of Ore- loco parentis to the deceased person for a gon may be loaned and indebtedness incurred period of one year or more immediately prior to an amount not exceeding 5 percent of the to entrance into the armed service of the assessed valuation of all the property in the United States. state, for the purpose of creating a fund to be paid to residents of the State of Oregon 6. “Veterans” means any person who who served in the armed forces of the United shall have served in active duty in the armed States between September 16, 1940, and June forces of the United States at any time be- 30, 1946, and were honorably discharged from tween September 16, 1940, and June 30, 1946, such service, which fund shall be known as both dates inclusive, and who, at the time of the “World War II Veterans’ Compensation commencing such service, was and had been Fund.” a bona fide resident of the State of Oregon

Oregon Constitution Page 54 (2020 Edition) CONSTITUTION OF OREGON Art. XI-F(2)§9 for at least one year immediately preceding be deemed unqualified service under full the commencement of such service, and who military discipline. [Created through initiative pe- shall have been separated from such service tition filed June 30, 1950, and adopted by the people under honorable conditions, or who is still in Nov. 7, 1950] such service, or who has been retired. Section 6. Order of distribution [Created through initiative petition filed June 30, 1950, among survivors. The survivor or survivors and adopted by the people Nov. 7, 1950] of any deceased veteran who would have Section 3. Amount of bonus. Every been entitled to compensation under this act veteran who was in such service for a period [sic], other than those mentioned in Section of at least 90 days shall be entitled to receive 4 of this act [sic], shall be entitled to receive compensation at the rate of Ten Dollars the same amount of compensation as said ($10.00) for each full month during which deceased veteran would have received, if liv- such veteran was in active domestic service ing, which shall be distributed as follows: and Fifteen Dollars ($15.00) for each full 1. To the husband or wife, as the case month during which such veteran was in ac- may be, the whole amount. tive foreign service within said period of time. Any veteran who was serving on active 2. If there be no husband or wife, to the duty in the armed forces between September child or children, equally; and 16, 1940, and June 30, 1946, whose services 3. If there be no husband or wife or child were terminated by reason of service- or children, to the parent or parents, equally. connected disabilities, and who, upon filing [Created through initiative petition filed June 30, 1950, a claim for disabilities with the United and adopted by the people Nov. 7, 1950] States Veterans’ Administration within three Section 7. Bonus not saleable or as- months after separation from the armed ser- signable; bonus free from creditors’ vice, was rated not less than 50% disabled claims and state taxes. No sale or assign- as a result of such claim, shall be deemed to ment of any right or claim to compensation have served sufficient time to entitle him or under this act [sic] shall be valid, no claims her to the maximum payment under this act of creditors shall be enforcible against rights [sic] and shall be so entitled. The maximum or claims to or payments of such compensa- amount of compensation payable under this tion, and such compensation shall be exempt act [sic] shall be six hundred dollars ($600.00) from all taxes imposed by the laws of this and no such compensation shall be paid to state. [Created through initiative petition filed June any veteran who shall have received from 30, 1950, and adopted by the people Nov. 7, 1950] another state a bonus or compensation because of such military service. [Created through Section 8. Administration of article; initiative petition filed June 30, 1950, and adopted by rules and regulations. The director of the people Nov. 7, 1950] Veterans’ Affairs, State of Oregon, referred Section 4. Survivors of certain de- to herein as the “director” hereby is author- ceased veterans entitled to maximum ized and empowered, and it shall be his duty, amount. The survivor or survivors, of the to administer the provisions of this act [sic], deceased veteran whose death was caused or and with the approval of the veterans advi- contributed to by a service-connected disease sory committee may make such rules and or disability incurred in service under condi- regulations as are deemed necessary to accomplish the purpose hereof. [Created through tions other than dishonorable, shall be enti- initiative petition filed June 30, 1950, and adopted by tled, in the order of survivorship provided in the people Nov. 7, 1950] this act [sic], to receive the maximum amount of said compensation irrespective of Section 9. Applications. All applica- the amount such deceased would have been tions for certificates under this act [sic] shall be made within two years from the effective entitled to receive if living. [Created through initiative petition filed June 30, 1950, and adopted by date hereof and upon forms to be supplied by the people Nov. 7, 1950] the director. Said applications shall be duly verified by the claimant before a notary pub- Section 5. Certain persons not eligible. lic or other person authorized to take ac- No compensation shall be paid under this act knowledgments, and shall set forth [sic] to any veteran who, during the period applicant’s name, residence at the time of of service refused on conscientious, political entry into the service, date and place of or other grounds to subject himself to full enlistment, induction or entry upon active military discipline and unqualified service, federal service, beginning and ending dates or to any veteran for any periods of time of foreign service, date of discharge, retire- spent under penal confinement during the ment or release from active federal service, period of active duty, or for service in the statement of time lost by reason of penal merchant marine: Provided, however, that for confinement during the period of active duty; the purposes of this act [sic], active service together with the applicant’s original dis- in the chaplain corps, or medical corps shall charge, or certificate in lieu of lost dis-

Oregon Constitution Page 55 (2020 Edition) Art. XI-F(2)§10 CONSTITUTION OF OREGON

charge, or certificate of service, or if the contained in section 7, Article XI of this applicant has not been released at the time Constitution, and in addition to other excep- of application, a statement by competent tions from the limitations of such section, military authority that the applicant during the credit of the state may be loaned and in- the period for which compensation is claimed debtedness incurred in an amount not to ex- did not refuse to subject himself to full mili- ceed at any time three-fourths of one percent tary discipline and unqualified service, and of the true cash value of all taxable property that the applicant has not been separated in the state, as determined by law. from service under circumstances other than (2) Proceeds from any loan authorized or honorable. The director may require such indebtedness incurred under this section further information to be included in such shall be used to provide funds with which to application as deemed necessary to enable acquire, construct, improve, repair, equip and him to determine the eligibility of the appli- furnish buildings, structures, land and other cant. Such applications, together with satis- projects, or parts thereof, that the Legisla- factory evidence of honorable service, shall tive Assembly determines will benefit higher be filed with the director. The director shall education institutions or activities or com- make such reasonable requirements for ap- munity colleges authorized by law to receive plicants as may be necessary to prevent state aid. fraud or the payment of compensation to persons not entitled thereto. [Created through (3) The amount of any indebtedness in- initiative petition filed June 30, 1950, and adopted by curred under this section in any biennium the people Nov. 7, 1950] shall be matched by an amount that is at Section 10. Furnishing forms; print- least equal to the amount of the indebted- ing, office supplies and equipment; ness. The matching amount must be used for employes; payment of expenses. The di- the same or similar purposes as the proceeds rector shall furnish free of charge, upon re- of the indebtedness and may consist of mon- quest, the necessary forms upon which eys appropriated from the General Fund or applications may be made and may authorize any other moneys available to the construct- the county clerks, Veterans organizations ing authority for such purposes. However, and other organizations, and notaries public the matching amount may not consist of willing to assist veterans without charge, to proceeds of indebtedness incurred by the act for him in receiving application under state under any other Article of this Consti- this act [sic], and shall furnish such clerks, tution. Any matching amount appropriated organizations and notaries public, with the from the General Fund to meet the require- proper forms for such purpose. The director ments of this subsection must be specifically hereby is authorized and directed with the designated therefor by the Legislative As- approval of the veterans’ advisory committee, sembly. to procure such printing, office supplies and (4) Nothing in this section prevents the equipment and to employ such persons as financing of projects, or parts thereof, by a may be necessary in order to properly carry combination of the moneys available under out the provisions of this act [sic], and all this section, under Article XI-F(1) of this expense incurred by him in the administra- Constitution, and from other lawful sources. tion thereof shall be paid out of the World [Created through H.J.R. 8, 1963 (s.s.), and adopted by War II Veterans’ Compensation Fund, in the the people May 15, 1964; Amendment proposed by H.J.R. 2, 1967 (s.s.), and adopted by the people May 28, 1968; manner provided by law for payment of Amendment proposed by H.J.R. 101, 2010, and adopted claims from other state funds. [Created through by the people May 18, 2010] initiative petition filed June 30, 1950, and adopted by the people Nov. 7, 1950] Section 2. Bonds. Bonds issued pursuant to this Article shall be the direct general obligations of the state and shall be in such ARTICLE XI-G form, run for such periods of time, and bear HIGHER EDUCATION INSTITUTIONS such rates of interest as the Legislative As- AND ACTIVITIES; COMMUNITY sembly provides. Such bonds may be refunded with bonds of like obligation. [Created through COLLEGES H.J.R. 8, 1963 (s.s.), and adopted by the people May 15, 1964] Sec. 1. State empowered to lend credit for financing higher education institutions and activities, Section 3. Sources of revenue. Ad and community colleges valorem taxes shall be levied annually upon 2. Bonds the taxable property within the State of Or- 3. Sources of revenue egon in sufficient amount to provide for the Section 1. State empowered to lend prompt payment of bonds issued pursuant to credit for financing higher education in- this Article and the interest thereon. The stitutions and activities, and community Legislative Assembly may provide other re- colleges. (1) Notwithstanding the limitations venues to supplement or replace, in whole or

Oregon Constitution Page 56 (2020 Edition) CONSTITUTION OF OREGON Art. XI-I(1)§1 in part, such tax levies. [Created through H.J.R. substances. [Created through H.J.R. 14, 1969, and 8, 1963 (s.s.), and adopted by the people May 15, 1964] adopted by the people May 26, 1970; Amendment proposed by S.J.R. 41, 1989, and adopted by the people May 22, 1990] ARTICLE XI-H Section 3. Authority of public bodies POLLUTION CONTROL to receive funds. Notwithstanding the limitations contained in section 10, Article XI of this Constitution, municipal corporations, Sec. 1. State empowered to lend credit for financing pollution control facilities or related activ- cities, counties, and agencies of the State of ities Oregon, or combinations thereof, may receive 2. Only facilities 70 percent self-supporting and funds referred to in section 1 of this Article, self-liquidating authorized; exceptions by contract, grant, loan or otherwise and 3. Authority of public bodies to receive funds may also receive such funds through disposi- 4. Sources of revenue 5. Bonds tion to the state, by sale, loan or otherwise, 6. Legislation to effectuate Article of bonds, notes or other obligations issued or made for the purposes set forth in section 1 Section 1. State empowered to lend of this Article. [Created through H.J.R. 14, 1969, credit for financing pollution control fa- and adopted by the people May 26, 1970] cilities or related activities. In the manner provided by law and notwithstanding the Section 4. Sources of revenue. Ad limitations contained in sections 7 and 8, valorem taxes shall be levied annually upon Article XI, of this Constitution, the credit of all taxable property within the State of Ore- the State of Oregon may be loaned and in- gon in sufficient amount to provide, together debtedness incurred in an amount not to ex- with the revenues, gifts, grants from the ceed, at any one time, one percent of the Federal Government, user charges, assess- true cash value of all taxable property in the ments and other fees referred to in section 2 state: of this Article for the payment of indebtedness incurred by the state and the interest (1) To provide funds to be advanced, by thereon. The Legislative Assembly may pro- contract, grant, loan or otherwise, to any vide other revenues to supplement or replace municipal corporation, city, county or agency such tax levies. [Created through H.J.R. 14, 1969, of the State of Oregon, or combinations and adopted by the people May 26, 1970] thereof, for the purpose of planning, acquisition, construction, alteration or improvement Section 5. Bonds. Bonds issued pursuant of facilities for or activities related to, the to section 1 of this Article shall be the direct collection, treatment, dilution and disposal obligations of the state and shall be in such of all forms of waste in or upon the air, wa- form, run for such periods of time, and bear ter and lands of this state; and such rates of interest, as shall be provided by law. Such bonds may be refunded with (2) To provide funds for the acquisition, bonds of like obligation. [Created through H.J.R. by purchase, loan or otherwise, of bonds, 14, 1969, and adopted by the people May 26, 1970] notes or other obligations of any municipal corporation, city, county or agency of the Section 6. Legislation to effectuate State of Oregon, or combinations thereof, is- Article. The Legislative Assembly shall en- sued or made for the purposes of subsection act legislation to carry out the provisions of this Article. This Article shall supersede all (1) of this section. [Created through H.J.R. 14, 1969, and adopted by the people May 26, 1970; Amendment conflicting constitutional provisions and proposed by S.J.R. 41, 1989, and adopted by the people shall supersede any conflicting provision of May 22, 1990] a county or city charter or act of incorpo- Section 2. Only facilities 70 percent ration. [Created through H.J.R. 14, 1969, and adopted self-supporting and self-liquidating au- by the people May 26, 1970] thorized; exceptions. The facilities for which funds are advanced and for which bonds, notes or other obligations are issued ARTICLE XI-I(1) or made and acquired pursuant to this Arti- WATER DEVELOPMENT PROJECTS cle shall be only such facilities as conservatively appear to the agency desig- Sec. 1. State empowered to lend credit to establish nated by law to make the determination to Water Development Fund; eligibility; use be not less than 70 percent self-supporting 2. Bonds and self-liquidating from revenues, gifts, 3. Refunding bonds grants from the Federal Government, user 4. Sources of revenue charges, assessments and other fees. This 5. Legislation to effectuate Article section shall not apply to any activities for Section 1. State empowered to lend which funds are advanced and shall not ap- credit to establish Water Development ply to facilities for the collection, treatment, Fund; eligibility; use. Notwithstanding the dilution, removal and disposal of hazardous limits contained in sections 7 and 8, Article

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XI of this Constitution, the credit of the in part, such tax levies. [Created through S.J.R. State of Oregon may be loaned and indebted- 1, 1977, and adopted by the people Nov. 8, 1977] ness incurred in an amount not to exceed Section 5. Legislation to effectuate one and one-half percent of the true cash Article. The Legislative Assembly shall en- value of all the property in the state for the act legislation to carry out the provisions of purpose of creating a fund to be known as this Article. This Article supersedes any the Water Development Fund. The fund shall conflicting provision of a county or city be used to provide financing for loans for charter or act of incorporation. [Created residents of this state for construction of through S.J.R. 1, 1977, and adopted by the people Nov. water development projects for irrigation, 8, 1977] drainage, fish protection, watershed restora- tion and municipal uses and for the acquisition of easements and rights of way for water development projects authorized by law. Se- ARTICLE XI-I(2) cured repayment thereof shall be and is a MULTIFAMILY HOUSING FOR prerequisite to the advancement of money ELDERLY AND DISABLED from such fund. As used in this section, “resident” includes both natural persons and Sec. 1. State empowered to lend credit for multifam- any corporation or cooperative, either for ily housing for elderly and disabled persons 2. Sources of revenue profit or nonprofit, whose principal income 3. Bonds is from farming in Oregon or municipal or 4. Legislation to effectuate Article quasi-municipal or other body subject to the laws of the State of Oregon. Not less than Section 1. State empowered to lend 50 percent of the potential amount available credit for multifamily housing for elderly from the fund will be reserved for irrigation and disabled persons. In the manner pro- and drainage projects. For municipal use, vided by law and notwithstanding the limita- only municipalities and communities with tions contained in section 7, Article XI of populations less than 30,000 are eligible for this Constitution, the credit of the State of loans from the fund. [Created through S.J.R. 1, Oregon may be loaned and indebtedness in- 1977, and adopted by the people Nov. 8, 1977; Amend- curred in an amount not to exceed, at any ment proposed by S.J.R. 6, 1981, and adopted by the one time, one-half of one percent of the true people May 18, 1982; Amendment proposed by H.J.R. 45, cash value of all taxable property in the 1987, and adopted by the people May 17, 1988] state to provide funds to be advanced, by Section 2. Bonds. Bonds of the State of contract, grant, loan or otherwise, for the Oregon containing a direct promise on behalf purpose of providing additional financing for of the state to pay the face value thereof, multifamily housing for the elderly and for with the interest therein provided for, may disabled persons. Multifamily housing means be issued to an amount authorized by section a structure or facility designed to contain 1 of this Article for the purpose of creating more than one living unit. Additional financ- such fund. The bonds shall be a direct obli- ing may be provided to the elderly to pur- gation of the state and shall be in such form chase ownership interest in the structure or and shall run for such periods of time and facility. [Created through H.J.R. 61, 1977, and adopted bear such rates of interest as provided by by the people May 23, 1978; Amendment proposed by statute. [Created through S.J.R. 1, 1977, and adopted S.J.R. 34, 1979, and adopted by the people May 20, 1980; by the people Nov. 8, 1977] Amendment proposed by H.J.R. 1, 1981, and adopted by the people May 18, 1982] Section 3. Refunding bonds. Refunding Section 2. Sources of revenue. The bonds may be issued and sold to refund any bonds shall be payable from contract or loan bonds issued under authority of sections 1 proceeds; bond reserves; other funds avail- and 2 of this Article. There may be issued able for these purposes; and, if necessary, and outstanding at any time bonds aggregat- state ad valorem taxes. [Created through H.J.R. ing the amount authorized by section 1 of 61, 1977, and adopted by the people May 23, 1978] this Article but at no time shall the total of all bonds outstanding, including refunding Section 3. Bonds. Bonds issued pursuant bonds, exceed the amount so authorized. to section 1 of this Article shall be the direct [Created through S.J.R. 1, 1977, and adopted by the obligations of the state and shall be in such people Nov. 8, 1977] form, run for such periods of time and bear Section 4. Sources of revenue. Ad such rates of interest as shall be provided by valorem taxes shall be levied annually upon law. The bonds may be refunded with bonds all the taxable property in the State of Ore- of like obligation. [Created through H.J.R. 61, 1977, gon in sufficient amount to provide for the and adopted by the people May 23, 1978] payment of principal and interest of the Section 4. Legislation to effectuate bonds issued pursuant to this Article. The Article. The Legislative Assembly shall en- Legislative Assembly may provide other re- act legislation to carry out the provisions of venues to supplement or replace, in whole or this Article. This Article shall supersede all

Oregon Constitution Page 58 (2020 Edition) CONSTITUTION OF OREGON Art. XI-K§2 conflicting constitutional provisions. [Created in part, such tax levies. [Created through S.J.R. through H.J.R. 61, 1977, and adopted by the people May 24, 1979, and adopted by the people May 20, 1980] 23, 1978] Section 5. Legislation to effectuate Article. The Legislative Assembly shall enact legislation to carry out the provisions of ARTICLE XI-J this Article. This Article supersedes any SMALL SCALE LOCAL ENERGY conflicting provision of a county or city LOANS charter or act of incorporation. [Created through S.J.R. 24, 1979, and adopted by the people May 20, 1980] Sec. 1. State empowered to loan credit for small scale local energy loans; eligibility; use 2. Bonds 3. Refunding bonds 4. Sources of revenue ARTICLE XI-K 5. Legislation to effectuate Article GUARANTEE Section 1. State empowered to loan OF BONDED INDEBTEDNESS credit for small scale local energy loans; OF EDUCATION DISTRICTS eligibility; use. Notwithstanding the limits contained in sections 7 and 8, Article XI of Sec. 1. State empowered to guarantee bonded in- this Constitution, the credit of the State of debtedness of education districts Oregon may be loaned and indebtedness in- 2. State empowered to lend credit for state curred in an amount not to exceed one-half guarantee of bonded indebtedness of education districts of one percent of the true cash value of all 3. Repayment by education districts the property in the state for the purpose of 4. Sources of revenue creating a fund to be known as the Small 5. Bonds Scale Local Energy Project Loan Fund. The 6. Legislation to effectuate Article fund shall be used to provide financing for Section 1. State empowered to guar- the development of small scale local energy antee bonded indebtedness of education projects. Secured repayment thereof shall be districts. To secure lower interest costs on and is a prerequisite to the advancement of the general obligation bonds of school dis- money from such fund. [Created through S.J.R. 24, 1979, and adopted by the people May 20, 1980] tricts, education service districts and community college districts, the State of Oregon Section 2. Bonds. Bonds of the State of may guarantee the general obligation bonded Oregon containing a direct promise on behalf indebtedness of those districts as provided in of the state to pay the face value thereof, sections 2 to 6 of this Article and laws en- with the interest therein provided for, may acted pursuant to this Article. [Created through be issued to an amount authorized by section H.J.R. 71, 1997, and adopted by the people Nov. 3, 1998] 1 of this Article for the purpose of creating Section 2. State empowered to lend such fund. The bonds shall be a direct obli- credit for state guarantee of bonded in- gation of the state and shall be in such form debtedness of education districts. In the and shall run for such periods of time and manner provided by law and notwithstanding bear such rates of interest as provided by the limitations contained in sections 7 and statute. [Created through S.J.R. 24, 1979, and adopted by the people May 20, 1980] 8, Article XI of this Constitution, the credit of the State of Oregon may be loaned and Section 3. Refunding bonds. Refunding indebtedness incurred, in an amount not to bonds may be issued and sold to refund any exceed, at any one time, one-half of one per- bonds issued under authority of sections 1 cent of the true cash value of all taxable and 2 of this Article. There may be issued property in the state, to provide funds as and outstanding at any time bonds aggregat- necessary to satisfy the state guaranty of the ing the amount authorized by section 1 of bonded general obligation indebtedness of this Article but at no time shall the total of school districts, education service districts all bonds outstanding including refunding and community college districts that qualify, bonds, exceed the amount so authorized. under procedures that shall be established by [Created through S.J.R. 24, 1979, and adopted by the law, to issue general obligation bonds that people May 20, 1980] are guaranteed by the full faith and credit Section 4. Sources of revenue. Ad of this state. The state may guarantee the valorem taxes shall be levied annually upon general obligation debt of qualified school all the taxable property in the State of Ore- districts, education service districts and gon in sufficient amount to provide for the community college districts and may guaran- payment of principal and interest of the tee general obligation bonded indebtedness bonds issued pursuant to this Article. The incurred to refund the school district, educa- Legislative Assembly may provide other re- tion service district or community college venues to supplement or replace, in whole or district general obligation bonded indebted-

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ness. [Created through H.J.R. 71, 1997, and adopted district, education service district or commu- by the people Nov. 3, 1998] nity college district. [Created through H.J.R. 71, Section 3. Repayment by education 1997, and adopted by the people Nov. 3, 1998] districts. The Legislative Assembly may provide that reimbursement to the state shall be obtained from, but shall not be limited to, moneys that otherwise would be used for the ARTICLE XI-L support of the educational programs of the OREGON HEALTH AND SCIENCE school district, the education service district UNIVERSITY or the community college district that incurred the bonded indebtedness with respect Sec. 1. State empowered to lend credit for financing capital costs of Oregon Health and Science to which any payment under the state’s University; bonds guaranty is made. [Created through H.J.R. 71, 1997, 2. Sources of repayment and adopted by the people Nov. 3, 1998] 3. Refunding bonds 4. Legislation to effectuate Article Section 4. Sources of revenue. The 5. Relationship to conflicting provisions of State of Oregon may issue bonds if and as Constitution necessary to provide funding to satisfy the state’s guaranty obligations undertaken pur- Section 1. State empowered to lend suant to this Article. In addition, notwith- credit for financing capital costs of Ore- standing anything to the contrary in Article gon Health and Science University; VIII of this Constitution, the state may bor- bonds. (1) In the manner provided by law row available moneys from the Common and notwithstanding the limitations con- School Fund if such borrowing is reasonably tained in section 7, Article XI of this Con- necessary to satisfy the state’s guaranty ob- stitution, the credit of the State of Oregon ligations undertaken pursuant to this Arti- may be loaned and indebtedness incurred, in cle. The State of Oregon also may issue an aggregate outstanding principal amount bonds if and as necessary to provide funding not to exceed, at any one time, one-half of to repay the borrowed moneys, and any in- one percent of the real market value of all terest thereon, to the Common School Fund. property in the state, to provide funds to fi- The bonds shall be payable from any moneys nance capital costs of Oregon Health and reimbursed to the state under section 3 of Science University. Bonds issued under this this Article, from any moneys recoverable section may not be paid from ad valorem from the school district, the education ser- property taxes. vice district or the community college dis- (2) Any indebtedness incurred under this trict that incurred the bonded indebtedness section shall be in the form of general obli- with respect to which any payment under the gation bonds of the State of Oregon contain- state’s guaranty is made, any other funds ing a direct promise on behalf of the State available for these purposes and, if neces- of Oregon to pay the principal, premium, if sary, from state ad valorem taxes. [Created any, and interest on such bonds, in an ag- through H.J.R. 71, 1997, and adopted by the people gregate outstanding principal amount not to Nov. 3, 1998] exceed the amount authorized in subsection Section 5. Bonds. Bonds of the state is- (1) of this section. The bonds shall be the di- sued pursuant to this Article shall be the direct obligation of the State of Oregon and rect obligations of the state and shall be in shall be in such form, run for such period of such form, run for such periods of time and time, have such terms and bear such rates bear such rates of interest as shall be proof interest as may be provided by statute. vided by law. The bonds may be refunded The full faith and credit and taxing power of with bonds of like obligation. [Created through the State of Oregon shall be pledged to the H.J.R. 71, 1997, and adopted by the people Nov. 3, 1998] payment of the principal, premium, if any, Section 6. Legislation to effectuate and interest on such bonds provided, how- Article. The Legislative Assembly shall en- ever, that the ad valorem taxing power of the act legislation to carry out the provisions of State of Oregon may not be pledged to the this Article, including provisions that au- payment of such bonds. thorize the state’s recovery, from any school (3) The proceeds from bonds issued under district, education service district or commu- this section shall be used to finance capital nity college district that incurred the bonded costs of Oregon Health and Science Univer- indebtedness with respect to which any pay- sity and costs of issuing bonds pursuant to ment under the state’s guaranty is made, any this Article. Bonds issued under this section amounts necessary to make the state whole. to finance capital costs of Oregon Health and This Article shall supersede all conflicting Science University shall be issued in an ag- constitutional provisions and shall supersede gregate principal amount that produces net any conflicting provision of any law, ordi- proceeds for the university in an amount nance or charter pertaining to any school that does not exceed $200 million.

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(4) The proceeds from bonds issued under Section 1. State empowered to lend this section may not be used to finance op- credit for seismic rehabilitation of public erating costs of Oregon Health and Science education buildings; bonds. (1) In the University. manner provided by law and notwithstanding (5) As used in this Article, “bonds” the limitations contained in section 7, Arti- means bonds, notes or other financial obli- cle XI of this Constitution, the credit of the gations of the State of Oregon issued under State of Oregon may be loaned and indebted- this section. [Created through H.J.R. 19, 2001, and ness incurred, in an aggregate outstanding adopted by the people May 21, 2002] principal amount not to exceed, at any one time, one-fifth of one percent of the real Section 2. Sources of repayment. The market value of all property in the state, to principal, premium, if any, interest and any provide funds for the planning and imple- other amounts payable with respect to bonds mentation of seismic rehabilitation of public issued under section 1 of this Article shall education buildings, including surveying and be repaid as determined by the Legislative conducting engineering evaluations of the Assembly from the following sources: need for seismic rehabilitation. (1) Amounts appropriated for such purpose by the Legislative Assembly from the (2) Any indebtedness incurred under this General Fund, including any taxes levied to section must be in the form of general obli- pay the bonds other than ad valorem prop- gation bonds of the State of Oregon contain- erty taxes; ing a direct promise on behalf of the State of Oregon to pay the principal, premium, if (2) Amounts allocated for such purpose any, interest and other amounts payable with by the Legislative Assembly from the pro- respect to the bonds, in an aggregate out- ceeds of the State Lottery or from the Mas- standing principal amount not to exceed the ter Settlement Agreement entered into on amount authorized in subsection (1) of this November 23, 1998, by the State of Oregon section. The bonds are the direct obligation and leading United States tobacco product of the State of Oregon and must be in a form, manufacturers; and run for a period of time, have terms and bear (3) Amounts appropriated or allocated for rates of interest as may be provided by stat- such purpose by the Legislative Assembly ute. The full faith and credit and taxing from other sources of revenue. [Created through power of the State of Oregon must be H.J.R. 19, 2001, and adopted by the people May 21, 2002] pledged to the payment of the principal, pre- Section 3. Refunding bonds. Bonds is- mium, if any, and interest on the general sued under section 1 of this Article may be obligation bonds; however, the ad valorem refunded with bonds of like obligation. taxing power of the State of Oregon may not [Created through H.J.R. 19, 2001, and adopted by the be pledged to the payment of the bonds is- people May 21, 2002] sued under this section. Section 4. Legislation to effectuate (3) As used in this section, “public edu- Article. The Legislative Assembly may enact cation building” means a building owned by legislation to carry out the provisions of this the State Board of Higher Education, a Article. [Created through H.J.R. 19, 2001, and adopted by the people May 21, 2002] school district, an education service district, a community college district or a community Section 5. Relationship to conflicting college service district. [Created through S.J.R. provisions of Constitution. This Article 21, 2001, and adopted by the people Nov. 5, 2002] shall supersede all conflicting provisions of this constitution. [Created through H.J.R. 19, 2001, Section 2. Sources of repayment. The and adopted by the people May 21, 2002] principal, premium, if any, interest and other amounts payable with respect to the general obligation bonds issued under section 1 of this Article must be repaid as determined by ARTICLE XI-M the Legislative Assembly from the following SEISMIC REHABILITATION OF sources: PUBLIC EDUCATION BUILDINGS (1) Amounts appropriated for the purpose Sec. 1. State empowered to lend credit for seismic by the Legislative Assembly from the Gen- rehabilitation of public education buildings; eral Fund, including taxes, other than ad bonds valorem property taxes, levied to pay the 2. Sources of repayment 3. Refunding bonds bonds; 4. Legislation to effectuate Article (2) Amounts allocated for the purpose by 5. Relationship to conflicting provisions of Constitution the Legislative Assembly from the proceeds Note: Article XI-M was designated as “Article of the State Lottery or from the Master XI-L” by S.J.R. 21, 2001, and adopted by the people Nov. Settlement Agreement entered into on No- 5, 2002. vember 23, 1998, by the State of Oregon and

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leading United States tobacco product man- section. The bonds are the direct obligation ufacturers; and of the State of Oregon and must be in a form, (3) Amounts appropriated or allocated for run for a period of time, have terms and bear the purpose by the Legislative Assembly from rates of interest as may be provided by stat- other sources of revenue. [Created through S.J.R. ute. The full faith and credit and taxing 21, 2001, and adopted by the people Nov. 5, 2002] power of the State of Oregon must be pledged to the payment of the principal, pre- Section 3. Refunding bonds. General mium, if any, and interest on the general obligation bonds issued under section 1 of obligation bonds; however, the ad valorem this Article may be refunded with bonds of taxing power of the State of Oregon may not like obligation. [Created through S.J.R. 21, 2001, and adopted by the people Nov. 5, 2002] be pledged to the payment of the bonds issued under this section. Section 4. Legislation to effectuate Article. The Legislative Assembly may enact (3) As used in this section: legislation to carry out the provisions of this (a) “Acute inpatient care facility” means Article. [Created through S.J.R. 21, 2001, and adopted a licensed hospital with an organized medical by the people Nov. 5, 2002] staff, with permanent facilities that include Section 5. Relationship to conflicting inpatient beds, and with comprehensive med- provisions of Constitution. This Article ical services, including physician services supersedes conflicting provisions of this and continuous nursing services under the Constitution. [Created through S.J.R. 21, 2001, and supervision of registered nurses, to provide adopted by the people Nov. 5, 2002] diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims. “Acute inpatient care facility” includes the Oregon ARTICLE XI-N Health and Science University. SEISMIC REHABILITATION OF EMERGENCY SERVICES BUILDINGS (b) “Emergency services building” means a public building used for fire protection services, a hospital building that contains an Sec. 1. State empowered to lend credit for seismic rehabilitation of emergency services build- acute inpatient care facility, a police station, ings; bonds a sheriff’s office or a similar facility used by 2. Sources of repayment a state, county, district or municipal law en- 3. Refunding bonds forcement agency. [Created through S.J.R. 22, 2001, 4. Legislation to effectuate Article and adopted by the people Nov. 5, 2002] 5. Relationship to conflicting provisions of Constitution Section 2. Sources of repayment. The Note: Article XI-N was designated as “Article principal, premium, if any, interest and other XI-L” by S.J.R. 22, 2001, and adopted by the people Nov. amounts payable with respect to the general 5, 2002. obligation bonds issued under section 1 of Section 1. State empowered to lend this Article must be repaid as determined by credit for seismic rehabilitation of emer- the Legislative Assembly from the following gency services buildings; bonds. (1) In the sources: manner provided by law and notwithstanding (1) Amounts appropriated for the purpose the limitations contained in section 7, Arti- by the Legislative Assembly from the Gen- cle XI of this Constitution, the credit of the eral Fund, including taxes, other than ad State of Oregon may be loaned and indebted- valorem property taxes, levied to pay the ness incurred, in an aggregate outstanding bonds; principal amount not to exceed, at any one time, one-fifth of one percent of the real (2) Amounts allocated for the purpose by market value of all property in the state, to the Legislative Assembly from the proceeds provide funds for the planning and imple- of the State Lottery or from the Master mentation of seismic rehabilitation of emer- Settlement Agreement entered into on No- gency services buildings, including surveying vember 23, 1998, by the State of Oregon and and conducting engineering evaluations of leading United States tobacco product man- the need for seismic rehabilitation. ufacturers; and (2) Any indebtedness incurred under this (3) Amounts appropriated or allocated for section must be in the form of general obli- the purpose by the Legislative Assembly from gation bonds of the State of Oregon contain- other sources of revenue. [Created through S.J.R. ing a direct promise on behalf of the State 22, 2001, and adopted by the people Nov. 5, 2002] of Oregon to pay the principal, premium, if Section 3. Refunding bonds. General any, interest and other amounts payable with obligation bonds issued under section 1 of respect to the bonds, in an aggregate out- this Article may be refunded with bonds of standing principal amount not to exceed the like obligation. [Created through S.J.R. 22, 2001, amount authorized in subsection (1) of this and adopted by the people Nov. 5, 2002]

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Section 4. Legislation to effectuate ARTICLE XI-P Article. The Legislative Assembly may enact SCHOOL DISTRICT CAPITAL COSTS legislation to carry out the provisions of this Article. [Created through S.J.R. 22, 2001, and adopted Sec. 1. State empowered to lend credit for grants or by the people Nov. 5, 2002] loans to school districts to finance capital Section 5. Relationship to conflicting costs; general obligation bond proceeds as matching funds provisions of Constitution. This Article 2. Sources of repayment supersedes conflicting provisions of this 3. Refunding bonds Constitution. [Created through S.J.R. 22, 2001, and 4. School capital matching fund adopted by the people Nov. 5, 2002] 5. “Capital costs” defined 6. Legislation to effectuate Article 7. Relationship to conflicting provision of Con- stitution ARTICLE XI-O PENSION LIABILITIES Section 1. State empowered to lend credit for grants or loans to school dis- Sec. 1. State empowered to lend credit for pension tricts to finance capital costs; general liabilities obligation bond proceeds as matching 2. Refunding obligations funds. (1) In the manner provided by law 3. Legislation to effectuate Article and notwithstanding the limitations con- 4. Relationship to conflicting provisions of Constitution tained in section 7, Article XI of this Con- stitution, the State of Oregon may loan its Section 1. State empowered to lend credit and incur indebtedness, in an aggre- credit for pension liabilities. (1) In the gate outstanding principal amount not to ex- manner provided by law and notwithstanding ceed, at any one time, one-half of one percent the limitations contained in section 7, Arti- of the real market value of the real property cle XI of this Constitution, the credit of the State of Oregon may be loaned and indebted- in this state, to provide funds to be advanced ness incurred to finance the State of by grant or loan to school districts to finance Oregon’s pension liabilities. Indebtedness au- the capital costs of the school districts. thorized by this section also may be used to Bonds issued under this section may not be pay costs of issuing or incurring indebted- paid from ad valorem property taxes. ness under this section. (2) Indebtedness incurred under this sec- (2) Indebtedness incurred under this section must be in the form of general obli- tion is a general obligation of the State of gation bonds of the State of Oregon Oregon and must contain a direct promise on containing a direct promise to pay the prin- behalf of the State of Oregon to pay the cipal, interest and premium, if any, of the principal, premium, if any, and interest on bonds in an aggregate outstanding principal that indebtedness. The State of Oregon shall amount not to exceed the amount authorized pledge its full faith and credit and taxing in subsection (1) of this section. The bonds power to pay that indebtedness; however, the are the direct obligation of the State of Ore- ad valorem taxing power of the State of Or- gon and must be in such form, run for such egon may not be pledged to pay that indebt- periods of time, have such terms and bear edness. The amount of indebtedness such rates of interest as may be provided by authorized by this section and outstanding statute. The State of Oregon shall pledge its at any time may not exceed one percent of full faith and credit and taxing power to the the real market value of all property in the payment of the principal, interest and pre- state. [Created through H.J.R. 18, 2003, and adopted mium, if any, of the bonds. However, the by the people Sept. 16, 2003] State of Oregon may not pledge its ad Section 2. Refunding obligations. In- valorem taxing power to the payment of the debtedness incurred under section 1 of this bonds. Article may be refunded with like obligations. [Created through H.J.R. 18, 2003, and (3) The proceeds from bonds issued under adopted by the people Sept. 16, 2003] this section may be used only to provide Section 3. Legislation to effectuate matching funds to finance the capital costs Article. The Legislative Assembly may enact of school districts that have received voter legislation to carry out the provisions of this approval for local general obligation bonds Article. [Created through H.J.R. 18, 2003, and adopted and to provide for the costs of issuing bonds by the people Sept. 16, 2003] and the payment of debt service. Section 4. Relationship to conflicting (4) The proceeds from bonds issued under provisions of Constitution. This Article this section may not be used to finance the supersedes all conflicting provisions of this operating costs of school districts. [Created Constitution. [Created through H.J.R. 18, 2003, and through H.J.R. 13, 2009, and adopted by the people May adopted by the people Sept. 16, 2003] 18, 2010]

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Section 2. Sources of repayment. The ARTICLE XI-Q principal, interest and premium, if any, of REAL OR PERSONAL PROPERTY the bonds issued under section 1 of this Ar- OWNED OR OPERATED BY STATE ticle must be repaid as determined by the Sec. 1. State empowered to lend credit for real or Legislative Assembly from the following personal property to be owned or operated sources: by state; refinancing authority 2. Limit on indebtedness; general obligation of (1) Amounts appropriated for repayment state by the Legislative Assembly from the Gen- 3. Legislation to effectuate Article eral Fund, including taxes levied to pay the 4. Relationship to conflicting provisions of bonds except ad valorem property taxes; Constitution Note: Article XI-Q was designated as “Article (2) Amounts appropriated or allocated for XI-P” by S.J.R. 48, 2010, and adopted by the people Nov. repayment by the Legislative Assembly from 2, 2010. other sources of revenue; or Section 1. State empowered to lend (3) Any other available moneys. [Created credit for real or personal property to be through H.J.R. 13, 2009, and adopted by the people May 18, 2010] owned or operated by state; refinancing authority. (1) In the manner provided by Section 3. Refunding bonds. Bonds is- law and notwithstanding the limitations con- sued under section 1 of this Article may be tained in section 7, Article XI of this Con- refunded with bonds of like obligation. stitution, the credit of the State of Oregon [Created through H.J.R. 13, 2009, and adopted by the may be loaned and indebtedness incurred to people May 18, 2010] finance the costs of: Section 4. School capital matching (a) Acquiring, constructing, remodeling, fund. (1) There is created a school capital repairing, equipping or furnishing real or matching fund. Moneys in the fund may be personal property that is or will be owned or invested and the earnings shall be retained operated by the State of Oregon, including, in the fund or expended as provided by the without limitation, facilities and systems; Legislative Assembly. (b) Infrastructure related to the real or (2) The Legislative Assembly may by law personal property; or appropriate, allocate or transfer moneys or revenue to the school capital matching fund. (c) Indebtedness incurred under this subsection. (3) The Legislative Assembly may appropriate, allocate or transfer moneys in the (2) In the manner provided by law and school capital matching fund and earnings on notwithstanding the limitations contained in moneys in the fund for the purposes of pro- section 7, Article XI of this Constitution, the viding: credit of the State of Oregon may be loaned and indebtedness incurred to refinance: (a) State matching funds to school dis- (a) Indebtedness incurred under subsec- tricts to finance capital costs; and tion (1) of this section. (b) Payment of debt service for general (b) Borrowings issued before the effective obligation bonds issued pursuant to this Ar- date of this Article to finance or refinance ticle. [Created through H.J.R. 13, 2009, and adopted by the people May 18, 2010] costs described in subsection (1) of this section. [Created through S.J.R. 48, 2010, and adopted by Section 5. “Capital costs” defined. As the people Nov. 2, 2010] used in this Article, “capital costs” means Note: The effective date of Senate Joint Resolution costs of land and of other assets having a 48, 2010, is Dec. 2, 2010. useful life of more than one year, including Section 2. Limit on indebtedness; costs associated with acquisition, construc- general obligation of state. (1) Indebted- tion, improvement, remodeling, furnishing, ness may not be incurred under section 1 of equipping, maintenance or repair. [Created this Article if the indebtedness would cause through H.J.R. 13, 2009, and adopted by the people May 18, 2010] the total principal amount of indebtedness incurred under section 1 of this Article and Section 6. Legislation to effectuate outstanding to exceed one percent of the real Article. The Legislative Assembly may enact market value of the property in this state. legislation to carry out the provisions of this (2) Indebtedness incurred under section Article. [Created through H.J.R. 13, 2009, and adopted 1 of this Article is a general obligation of the by the people May 18, 2010] State of Oregon and must contain a direct Section 7. Relationship to conflicting promise on behalf of the State of Oregon to provision of Constitution. This Article su- pay the principal, premium, if any, and in- persedes any conflicting provision of this terest on the obligation. The full faith and Constitution. [Created through H.J.R. 13, 2009, and credit and taxing power of the State of Ore- adopted by the people May 18, 2010] gon must be pledged to payment of the in-

Oregon Constitution Page 64 (2020 Edition) CONSTITUTION OF OREGON Art. XV§1 debtedness. However, the State of Oregon Section 2. Erection of state house may not pledge or levy an ad valorem tax to prior to 1865. No tax shall be levied, or pay the indebtedness. [Created through S.J.R. 48, money of the State expended, or debt con- 2010, and adopted by the people Nov. 2, 2010] tracted for the erection of a State House Section 3. Legislation to effectuate prior to the year eighteen hundred and sixty Article. The Legislative Assembly may enact five. — legislation to carry out the provisions of this Section 3. Limitation on removal of seat of Article. [Created through S.J.R. 48, 2010, and adopted government; location of state institutions. by the people Nov. 2, 2010] [Constitution of 1859; Amendment proposed by S.J.R. 1, 1907, and adopted by the people June 1, 1908; Repeal Section 4. Relationship to conflicting proposed by S.J.R. 41, 1957, and adopted by the people provisions of Constitution. This Article Nov. 4, 1958 (present section 1 and former 1958 section 3 of this Article adopted in lieu of this section and for- supersedes conflicting provisions of this mer section 1 of this Article)] Constitution. [Created through S.J.R. 48, 2010, and adopted by the people Nov. 2, 2010] Section 3. Location and use of state institutions. [Created through S.J.R. 41, 1957, and adopted by the people Nov. 4, 1958 (this section, designated as “Section 2” by S.J.R. 41, 1957, and present section 1 of this Article adopted in lieu of former original sections ARTICLE XII 1 and 3 of this Article); Repeal proposed by S.J.R. 9, STATE PRINTING 1971, and adopted by the people Nov. 7, 1972] Section 1. State printing; State Printer. Laws may be enacted providing for the state printing and binding, and for the ARTICLE XV election or appointment of a state printer, MISCELLANEOUS who shall have had not less than ten years’ experience in the art of printing. The state Sec. 1. Officers to hold office until successors printer shall receive such compensation as elected; exceptions; effect on defeated incum- may from time to time be provided by law. bent Until such laws shall be enacted the state 2. Tenure of office; how fixed; maximum tenure 3. Oaths of office printer shall be elected, and the printing 4. Regulation of lotteries; state lottery; use of done as heretofore provided by this constitu- net proceeds from state lottery tion and the general laws. [Constitution of 1859; 4a. Use of net proceeds from state lottery for Amendment proposed by S.J.R. 1, 1901, and adopted by parks and recreation areas the people June 6, 1904; Amendment proposed by initi- 4b. Use of net proceeds from state lottery for ative petition filed Feb. 3, 1906, and adopted by the fish and wildlife, watershed and habitat pro- people June 4, 1906] tection 4c. Audit of agency receiving certain net proceeds from state lottery 4f. Percentage of lottery revenues to be expended for benefit of veterans ARTICLE XIII 5. Property of married women not subject to SALARIES debts of husband; registration of separate property Section 1. Salaries or other compensation of 5a. Policy regarding marriage state officers. [Constitution of 1859; Repeal proposed 6. Minimum area and population of counties by S.J.R. 12, 1955, and adopted by the people Nov. 6, 7. Officers not to receive fees from or represent 1956] claimants against state 8. Persons eligible to serve in legislature; employment of judges by Oregon National Guard or public university 9. When elective office becomes vacant ARTICLE XIV 10. The Oregon Property Protection Act of 2000 SEAT OF GOVERNMENT 11. Home Care Commission Section 1. Officers to hold office until Sec. 1. Seat of government successors elected; exceptions; effect on 2. Erection of state house prior to 1865 defeated incumbent. (1) All officers, except Section 1. Seat of government. [Constitution of members of the Legislative Assembly and in- 1859; Repeal proposed by S.J.R. 41, 1957, and adopted cumbents who seek reelection and are de- by the people Nov. 4, 1958 (present section 1 and former feated, shall hold their offices until their 1958 section 3 of this Article adopted in lieu of this successors are elected, and qualified. section and former original section 3 of this Article)] (2) If an incumbent seeks reelection and Section 1. Seat of government. The is defeated, he shall hold office only until the permanent seat of government for the state end of his term; and if an election contest is shall be Marion County. [Created through S.J.R. pending in the courts regarding that office 41, 1957, and adopted by the people Nov. 4, 1958 (this section and former 1958 section 3 of this Article adopted when the term of such an incumbent ends in lieu of former original sections 1 and 3 of this and a successor to the office has not been Article)] elected or if elected, has not qualified be-

Oregon Constitution Page 65 (2020 Edition) Art. XV§2 CONSTITUTION OF OREGON

cause of such election contest, the person the Legislative Assembly shall prevent the appointed to fill the vacancy thus created same by penal laws. shall serve only until the contest and any (2) The Legislative Assembly may provide appeal is finally determined notwithstanding for the establishment, operation, and regu- any other provision of this constitution. [Constitution of 1859; Amendment proposed by H.J.R. 51, lation of raffles and the lottery commonly 1969, and adopted by the people Nov. 3, 1970] known as bingo or lotto by charitable, fraternal, or religious organizations. As used Section 2. Tenure of office; how fixed; in this section, charitable, fraternal or reli- maximum tenure. When the duration of gious organization means such organizations any office is not provided for by this Consti- or foundations as defined by law because of tution, it may be declared by law; and if not their charitable, fraternal, or religious pur- so declared, such office shall be held during poses. The regulations shall define eligible the pleasure of the authority making the ap- organizations or foundations, and may pre- pointment. But the Legislative Assembly scribe the frequency of raffles, bingo or lotto, shall not create any office, the tenure of set a maximum monetary limit for prizes and which shall be longer than four years. require a statement of the odds on winning Section 3. Oaths of office. Every person a prize. The Legislative Assembly shall vest elected or appointed to any office under this the regulatory authority in any appropriate Constitution, shall, before entering on the state agency. duties thereof, take an oath or affirmation to (3) There is hereby created the State support the Constitution of the United Lottery Commission which shall establish States, and of this State, and also an oath of and operate a State Lottery. All proceeds office. — from the State Lottery, including interest, Note: The amendments to sections 4, 4a, 4b and 4c but excluding costs of administration and and the repeal of section 4d by Measure No. 76, 2010, payment of prizes, shall be used for any of as submitted to the people were preceded by a preamble the following purposes: creating jobs, fur- that reads as follows: thering economic development, financing PREAMBLE: The people of the State of Oregon find public education in Oregon or restoring and that renewing the current dedication in the Oregon protecting Oregon’s parks, beaches, water- Constitution of fifteen percent of lottery revenues to parks, water quality and fish and wildlife habitats will sheds and native fish and wildlife. provide lasting social, economic, environmental and (4)(a) The State Lottery Commission shall public health benefits. be comprised of five members appointed by The people of the State of Oregon also find that renewal the Governor and confirmed by the Senate of the Parks and Natural Resources Fund will support who shall serve at the pleasure of the Gov- voluntary efforts to: ernor. At least one of the Commissioners (1) Protect and restore water quality, watersheds shall have a minimum of five years experi- and habitats for native fish and wildlife that provide a healthy environment for current and future generations ence in law enforcement and at least one of of Oregonians; the Commissioners shall be a certified public (2) Maintain and expand public parks, natural accountant. The Commission is empowered areas and recreation areas to meet the diverse needs of to promulgate rules related to the procedures a growing population and to provide opportunities for of the Commission and the operation of the [sic] to experience nature and enjoy outdoor recreation State Lottery. Such rules and any statutes activities close to home and in the many special places enacted to further implement this article throughout Oregon; shall insure the integrity, security, honesty, (3) Provide jobs and economic opportunities im- and fairness of the Lottery. The Commission proving the health of our forests, prairies, lakes, streams, wetlands, rivers, and parks, including efforts shall have such additional powers and duties to halt the spread of invasive species; as may be provided by law. (4) Strengthen the audit and reporting require- (b) The Governor shall appoint a Director ments, identify desired outcomes and specify allowable subject to confirmation by the Senate who uses of the fund in order to provide more strategic, accountable and efficient uses of the Parks and Natural shall serve at the pleasure of the Governor. Resources Fund; and The Director shall be qualified by training (5) Enhance the ability of public land managers, and experience to direct the operations of a private organizations, individuals and businesses to state-operated lottery. The Director shall be work together in local, regional and statewide partner- responsible for managing the affairs of the ships to expand recreation opportunities, improve water Commission. The Director may appoint and quality and conserve fish and wildlife habitat. prescribe the duties of no more than four Section 4. Regulation of lotteries; Assistant Directors as the Director deems state lottery; use of net proceeds from necessary. One of the Assistant Directors state lottery. (1) Except as provided in sub- shall be responsible for a security division to sections (2), (3), (4), (8) and (9) of this section, assure security, integrity, honesty, and fair- lotteries and the sale of lottery tickets, for ness in the operations and administration of any purpose whatever, are prohibited, and the State Lottery. To fulfill these responsi-

Oregon Constitution Page 66 (2020 Edition) CONSTITUTION OF OREGON Art. XV§4 bilities, the Assistant Director for security to pay lottery bonds before appropriating the shall be qualified by training and experience, net proceeds from the State Lottery for any including at least five years of law enforce- other purpose. At least 84% of the total an- ment experience, and knowledge and experi- nual revenues from the sale of all lottery ence in computer security. tickets or shares shall be returned to the (c) The Director shall implement and op- public in the form of prizes and net revenues erate a State Lottery pursuant to the rules, benefiting the public purpose. and under the guidance, of the Commission. (5) Notwithstanding paragraph (d) of sub- The State Lottery may operate any game section (4) of this section, the amount in the procedure authorized by the commission, ex- education stability fund created under para- cept parimutuel racing, social games, and the graph (d) of subsection (4) of this section may games commonly known in Oregon as bingo not exceed an amount that is equal to five or lotto, whereby prizes are distributed using percent of the amount that was accrued as any existing or future methods among adult revenues in the state’s General Fund during persons who have paid for tickets or shares the prior biennium. If the amount in the ed- in that game; provided that, in lottery games ucation stability fund exceeds five percent of utilizing computer terminals or other de- the amount that was accrued as revenues in vices, no coins or currency shall ever be dis- the state’s General Fund during the prior pensed directly to players from such biennium: computer terminals or devices. (a) Additional net proceeds from the (d) There is hereby created within the State Lottery may not be deposited in the General Fund the Oregon State Lottery Fund education stability fund until the amount in which is continuously appropriated for the the education stability fund is reduced to less purpose of administering and operating the than five percent of the amount that was ac- Commission and the State Lottery. The State crued as revenues in the state’s General Lottery shall operate as a self-supporting Fund during the prior biennium; and revenue-raising agency of state government (b) Fifteen percent of the net proceeds and no appropriations, loans, or other trans- from the State Lottery shall be deposited into fers of state funds shall be made to it. The the school capital matching fund created un- State Lottery shall pay all prizes and all of der section 4, Article XI-P of this Constitu- its expenses out of the revenues it receives tion. from the sale of tickets or shares to the public and turnover the net proceeds there- (6) The Legislative Assembly may by law from to a fund to be established by the Leg- appropriate, allocate or transfer any portion islative Assembly from which the Legislative of the principal of the education stability Assembly shall make appropriations for the fund created under paragraph (d) of subsec- benefit of any of the following public pur- tion (4) of this section for expenditure on poses: creating jobs, furthering economic de- public education if: velopment, financing public education in (a) The proposed appropriation, allocation Oregon or restoring and protecting Oregon’s or transfer is approved by three-fifths of the parks, beaches, watersheds and native fish members serving in each house of the Legis- and wildlife. Effective July 1, 1997, 15% of lative Assembly and the Legislative Assem- the net proceeds from the State Lottery shall bly finds one of the following: be deposited, from the fund created by the (A) That the last quarterly economic and Legislative Assembly under this paragraph, revenue forecast for a biennium indicates in an education stability fund. Effective July that moneys available to the state’s General 1, 2003, 18% of the net proceeds from the Fund for the next biennium will be at least State Lottery shall be deposited, from the three percent less than appropriations from fund created by the Legislative Assembly the state’s General Fund for the current under this paragraph, in an education stabil- biennium; ity fund. Earnings on moneys in the education stability fund shall be retained in the (B) That there has been a decline for two fund or expended for the public purpose of or more consecutive quarters in the last 12 financing public education in Oregon as pro- months in seasonally adjusted nonfarm pay- vided by law. Except as provided in subsec- roll employment; or tion (6) of this section, moneys in the (C) That a quarterly economic and re- education stability fund shall be invested as venue forecast projects that revenues in the provided by law and shall not be subject to state’s General Fund in the current biennium the limitations of section 6, Article XI of this will be at least two percent below what the Constitution. The Legislative Assembly may revenues were projected to be in the revenue appropriate other moneys or revenue to the forecast on which the legislatively adopted education stability fund. The Legislative As- budget for the current biennium was based; sembly shall appropriate amounts sufficient or

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(b) The proposed appropriation, allocation Section 4a. Use of net proceeds from or transfer is approved by three-fifths of the state lottery for parks and recreation members serving in each house of the Legis- areas. (1) In each biennium the Legislative lative Assembly and the Governor declares Assembly shall appropriate all of the moneys an emergency. in the parks subaccount of the parks and (7) The Legislative Assembly may by law natural resources fund established under prescribe the procedures to be used and section 4 of this Article for the uses allowed identify the persons required to make the in subsection (2) of this section, and to forecasts described in subsection (6) of this achieve all of the following: section. (a) Provide additional public parks, na- (8) Effective July 1, 1999, 15% of the net tural areas or outdoor recreational areas to proceeds from the State Lottery shall be de- meet the needs of current and future resi- posited in a parks and natural resources fund dents of the State of Oregon; created by the Legislative Assembly. Of the (b) Protect natural, cultural, historic and moneys in the parks and natural resources outdoor recreational resources of state or fund, 50% shall be deposited in a parks sub- regional significance; account and distributed for the public pur- (c) Manage public parks, natural areas poses of financing the protection, repair, and outdoor recreation areas to ensure their operation, and creation of state, regional and long-term ecological health and provide for local public parks, ocean shore and public the enjoyment of current and future resi- beach access areas, historic sites and recre- dents of the State of Oregon; and ation areas, and 50% shall be deposited in a (d) Provide diverse and equitable oppor- natural resources subaccount and distributed tunities for residents of the State of Oregon for the public purposes of financing the res- to experience nature and participate in out- toration and protection of native fish and door recreational activities in state, regional, wildlife, watersheds and water quality in Or- local or neighborhood public parks and re- egon. The Legislative Assembly shall not creation areas. limit expenditures from the parks and natural resources fund, or from the parks or (2) The moneys in the parks subaccount natural resources subaccounts. The Legisla- shall be used only to: tive Assembly may appropriate other moneys (a) Maintain, construct, improve, develop, or revenue to the parks and natural re- manage and operate state parks, ocean sources fund. shores, public beach access areas, historic sites, natural areas and outdoor and recre- (9) Only one State Lottery operation ation areas; shall be permitted in the State. (b) Acquire real property, or interests (10) The Legislative Assembly has no therein, that has significant natural, scenic, power to authorize, and shall prohibit, cultural, historic or recreational values, for casinos from operation in the State of Ore- the creation or operation of state parks, gon. [Constitution of 1859; Amendment proposed by ocean shores, public beach access areas, out- H.J.R. 14, 1975, and adopted by the people Nov. 2, 1976; door recreation areas and historic sites; and Amendment proposed by initiative petition filed April 3, 1984, and adopted by the people Nov. 6, 1984 (para- (c) Provide grants to regional or local graph designations in subsection (4) were not included government entities to acquire property for in the petition); Amendment proposed by H.J.R. 20, 1985, public parks, natural areas or outdoor recre- and adopted by the people Nov. 4, 1986; Amendment proposed by H.J.R. 15, 1995, and adopted by the people ation areas, or to develop or improve public May 16, 1995; Amendment proposed by initiative petition parks, natural areas or outdoor recreation filed March 11, 1998, and adopted by the people Nov. areas. 3, 1998; Amendment proposed by H.J.R. 80, 2002 (3d s.s.), (3) In each biennium the Legislative As- and adopted by the people Sept. 17, 2002; Revision proposed by H.J.R. 13, 2009, and adopted by the people May sembly shall appropriate no less than twelve 18, 2010; Amendment proposed by initiative petition filed percent of the moneys in the parks subac- Dec. 22, 2009, and adopted by the people Nov. 2, 2010] count for local and regional grants as au- Note: The amendments to section 4, as adopted by thorized under paragraph (c) of subsection (2) the people in Measure No. 66, 1998, incorrectly set forth of this section. However, if in any biennium the text of section 4 as it existed at the time the meas- the amount of net proceeds deposited in the ure was submitted to the people. The text of the meas- parks and natural resources fund created ure, as approved by the voters, was printed here. under section 4 of this Article increases by Note: The amendments to section 4, as adopted by more than fifty percent above the amount the people in Measure No. 76, 2010, at the Nov. 2010 deposited in the 2009-2011 biennium, the general election did not set forth the text of section 4 Legislative Assembly shall appropriate no as it was revised by the people in Measure No. 68, 2010 (H.J.R. 13, 2009), at the May 2010 primary election. The less than twenty-five percent of the moneys text of section 4, as revised by Measure No. 68, 2010, in the parks subaccount for local and re- and amended by Measure No. 76, 2010, is printed here. gional grants as authorized under paragraph

Oregon Constitution Page 68 (2020 Edition) CONSTITUTION OF OREGON Art. XV§4c

(c) of subsection (2) of this section. The (a) Acquire from willing owners interests grants shall be administered by a single state in land or water that will protect or restore agency. The costs of the state agency in ad- native fish or wildlife habitats, which inter- ministering the grants shall not be paid out ests may include but are not limited to fee of the portion of the moneys in the parks interests, conservation easements or leases; subaccount appropriated for local and re- (b) Carry out projects to protect or regional grants. [Created through initiative petition store native fish or wildlife habitats; filed March 11, 1998, and adopted by the people Nov. 3, 1998; Amendment proposed by initiative petition filed (c) Carry out projects to protect or re- Dec. 22, 2009, and adopted by the people Nov. 2, 2010] store natural watershed functions to improve Section 4b. Use of net proceeds from water quality or stream flows; and state lottery for fish and wildlife, water- (d) Carry out resource assessment, plan- shed and habitat protection. (1) In each ning, design and engineering, technical as- biennium the Legislative Assembly shall ap- sistance, monitoring and outreach activities propriate all of the moneys in the natural necessary for projects funded under para- resources subaccount of the parks and na- graphs (a) through (c) of this subsection. tural resources fund established under sec- (3) In each biennium the Legislative As- tion 4 of this Article for the uses allowed in sembly shall appropriate that portion of the subsections (2) and (3) of this section, and to natural resources subaccount not appropri- accomplish all of the following: ated under subsection (2) of this section to (a) Protect and improve water quality in support all of the following activities: Oregon’s rivers, lakes, and streams by re- (a) Develop, implement or update state storing natural watershed functions or conservation strategies or plans to protect or stream flows; restore native fish or wildlife habitats or to (b) Secure long-term protection for lands protect or restore natural watershed func- and waters that provide significant habitats tions to improve water quality or stream for native fish and wildlife; flows; (c) Restore and maintain habitats needed (b) Develop, implement or update re- to sustain healthy and resilient populations gional or local strategies or plans that are of native fish and wildlife; consistent with the state strategies or plans (d) Maintain the diversity of Oregon’s described in paragraph (a) of this subsection; plants, animals and ecosystems; (c) Develop, implement or update state (e) Involve people in voluntary actions to strategies or plans to prevent, detect, control protect, restore and maintain the ecological or eradicate invasive species that threaten health of Oregon’s lands and waters; and native fish or wildlife habitats or that impair (f) Remedy the conditions that limit the water quality; health of fish and wildlife, habitats and wa- (d) Support local delivery of programs or tershed functions in greatest need of conser- projects, including watershed education ac- vation. tivities, that protect or restore native fish or (2) In each biennium the Legislative As- wildlife habitats or watersheds; sembly shall appropriate no less than sixty- (e) Pay the state agency costs of admin- five percent of the moneys in the natural istering subsection (2) of this section, which resources subaccount to one state agency, costs shall not be paid out of the moneys and that agency shall distribute those mon- available for grants under subsection (2) of eys as grants to entities other than state or this section; and federal agencies for projects that achieve the (f) Enforce fish and wildlife and habitat outcomes specified in subsection (1) of this protection laws and regulations. [Created section. However, if in any biennium the through initiative petition filed March 11, 1998, and amount of net proceeds deposited in the adopted by the people Nov. 3, 1998; Amendment pro- parks and natural resources fund created posed by initiative petition filed Dec. 22, 2009, and under section 4 of this Article increases by adopted by the people Nov. 2, 2010] more than fifty percent above the amount Section 4c. Audit of agency receiving deposited in the 2009-2011 biennium, the certain net proceeds from state lottery. Legislative Assembly shall appropriate no The Secretary of State shall regularly audit less than seventy percent of the moneys in any state agency that receives moneys from the natural resources subaccount to one the parks and natural resources fund estab- state agency, and that agency shall distribute lished under section 4 of this Article to ad- those moneys as grants to entities other than dress the financial integrity, compliance with state or federal agencies for projects that applicable laws, efficiency and effectiveness achieve the outcomes specified in subsection of the use of the moneys. The costs of the (1) of this section. In addition, these moneys audit shall be paid from the parks and na- shall be used only to: tural resources fund. However, such costs

Oregon Constitution Page 69 (2020 Edition) Art. XV§4f CONSTITUTION OF OREGON

may not be paid from the portions of such Section 5. Property of married women fund, or the subaccounts of the fund, that are not subject to debts of husband; regis- dedicated to grants. The audit shall be sub- tration of separate property. The property mitted to the Legislative Assembly as part and pecuniary rights of every married of a biennial report to the Legislative As- woman, at the time of marriage or after- sembly. In addition, each agency that re- wards, acquired by gift, devise, or inher- ceives moneys from the parks and natural itance shall not be subject to the debts, or resources fund shall submit a biennial per- contracts of the husband; and laws shall be formance report [sic] the Legislature [sic] passed providing for the registration of the Assembly that describes the measurable bi- wife’s seperate [sic] property. ennial and cumulative results of activities Section 5a. Policy regarding marriage. and programs financed by the fund. [Created It is the policy of Oregon, and its political through initiative petition filed March 11, 1998, and adopted by the people Nov. 3, 1998; Amendment pro- subdivisions, that only a marriage between posed by initiative petition filed Dec. 22, 2009, and one man and one woman shall be valid or adopted by the people Nov. 2, 2010] legally recognized as a marriage. [Created through initiative petition filed March 2, 2004, and Note: Added as section 4c to the Constitution but adopted by the people Nov. 2, 2004] not to any Article therein by initiative petition (Meas- ure No. 66, 1998) adopted by the people Nov. 3, 1998. Note: Added as unnumbered section to the Consti- tution but not to any Article therein by initiative peti- Section 4d. Subsequent vote for reaffirmation tion (Measure No. 36, 2004) adopted by the people Nov. of sections 4a, 4b and 4c and amendment to section 2, 2004. 4. [Created through initiative petition filed March 11, 1998, and adopted by the people Nov. 3, 1998; Repeal Section 6. Minimum area and popu- proposed by initiative petition filed Dec. 22, 2009, and lation of counties. No county shall be re- adopted by the people Nov. 2, 2010] duced to an area of less than four hundred Section 4e. Transfer of moneys in school capi- square miles; nor shall any new county be tal matching subaccount to school capital match- established in this State containing a less ing fund created under section 4, Article XI-P. area, nor unless such new county shall con- [Created through H.J.R. 13, 2009, and adopted by the tain a population of at least twelve hundred people May 18, 2010; Repealed Jan. 2, 2011, as specified in text of section adopted by the people May 18, 2010] inhabitants. Section 4f. Percentage of lottery re- Section 7. Officers not to receive fees venues to be expended for benefit of vet- from or represent claimants against state. No State officers, or members of the erans. (1) Effective July 1, 2017, 1.5 percent Legislative Assembly, shall directly or indi- of the net proceeds from the State Lottery rectly receive a fee, or be engaged as coun- shall be deposited, from the fund created by sel, agent, or Attorney in the prosecution of the Legislative Assembly under paragraph (d) any claim against this State. — of subsection (4) of section 4 of this Article, in a veterans’ services fund created by the Section 8. Certain persons not to hold real estate or mining claims; working mining claims. Legislative Assembly. The Legislative As- [Constitution of 1859; Repeal proposed by S.J.R. 14, 1945, sembly may appropriate other moneys or re- and adopted by the people Nov. 5, 1946] venue to the veterans’ services fund. Section 8. Persons eligible to serve in (2) The moneys in the veterans’ services legislature; employment of judges by Or- fund may be used only to provide services for egon National Guard or public university. the benefit of veterans. Such services may Notwithstanding the provisions of section 1, include, without limitation: Article III and section 10, Article II of this (a) Assistance for veterans with reinte- Constitution: gration, employment, education benefits and (1) A person employed by any board or tuition, housing, physical and mental health commission established by law to supervise care and addiction treatment programs; and coordinate the activities of Oregon’s in- (b) Assistance for veterans, spouses of stitutions of post-secondary education, a per- veterans or dependents of veterans in ac- son employed by a public university as cessing state and federal benefits; and defined by law or a member or employee of any school board is eligible to serve as a (c) Funding services provided by county member of the Legislative Assembly, and veterans’ service officers, campus veterans’ membership in the Legislative Assembly does service officers or nonprofit or tribal not prevent the person from being employed veterans’ service officers. by any board or commission established by (3) As used in this section, “veteran” law to supervise and coordinate the activities means a resident of the State of Oregon who of Oregon’s post-secondary institutions of ed- served in the Armed Forces of the United ucation or by a public university as defined States. [Created through H.J.R. 202, 2016, and adopted by law, or from being a member or employee by the people Nov. 8, 2016] of a school board.

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(2) A person serving as a judge of any (b) Was instrumental in committing or court of this state may be employed by the facilitating the crime for which the claimant Oregon National Guard for the purpose of has been convicted; performing military service or may be em- (c) Constitutes proceeds of one or more ployed by any public university as defined by other crimes similar to the crime for which law for the purpose of teaching, and the em- the claimant was convicted; or ployment does not prevent the person from serving as a judge. [Created through initiative pe- (d) Was instrumental in committing or tition filed June 13, 1958, and adopted by the people facilitating one or more other crimes similar Nov. 4, 1958; Amendment proposed by S.J.R. 203, 2014, to the crime for which the claimant was and adopted by the people Nov. 4, 2014] convicted. Section 8a. [Created through S.J.R. 203, 2014, and (4) Forfeiture based on similar crimes. adopted by the people Nov. 4, 2014; Section not compiled because of its temporary nature] Property may be forfeited under paragraph (c) or (d) of subsection (3) of this section only Section 9. When elective office be- if the claimant is notified in writing of the comes vacant. The Legislative Assembly other crime or crimes claimed to be similar may provide that any elective public office to the crime for which the claimant was becomes vacant, under such conditions or convicted. The notice must be given at the circumstances as the Legislative Assembly time the claimant is given notice of the sei- may specify, whenever a person holding the zure of the property for forfeiture, and the office is elected to another public office more claimant must have an opportunity to chal- than 90 days prior to the expiration of the lenge the seizure and forfeiture of the prop- term of the office he is holding. For the pur- erty. poses of this section, a person elected is (5) Forfeiture without conviction of considered to be elected as of the date the claimant. The property of a claimant who has election is held. [Created through S.J.R. 41, 1959, and adopted by the people Nov. 8, 1960] not been convicted of a crime may be forfeited in a civil forfeiture proceeding only if Section 10. The Oregon Property Pro- the claimant consents to the forfeiture of the tection Act of 2000. (1) This section may be property or the forfeiting agency proves the known and shall be cited as the “Oregon property constitutes proceeds or an instru- Property Protection Act of 2000.” mentality of crime committed by another (2) Statement of principles. The People, person as described in subsection (3) of this in the exercise of the power reserved to them section and: under the Constitution of the State of Ore- (a) The claimant took the property with gon, declare that: the intent to defeat forfeiture of the prop- (a) A basic tenet of a democratic society erty; is that a person is presumed innocent and (b) The claimant knew or should have should not be punished until proven guilty; known that the property constituted proceeds (b) The property of a person generally or an instrumentality of criminal conduct; or should not be forfeited in a forfeiture pro- (c) The claimant acquiesced in the crimi- ceeding by government unless and until that nal conduct. A person shall be considered to person is convicted of a crime involving the have acquiesced in criminal conduct if the property; person knew of the criminal conduct and (c) The value of property forfeited should failed to take reasonable action under the be proportional to the specific conduct for circumstances to terminate the criminal which the owner of the property has been conduct or prevent use of the property to convicted; and commit or facilitate the criminal conduct. (6) Standard of proof. (a) Except as pro- (d) Proceeds from forfeited property vided in paragraph (b) of this subsection, if should be used for treatment of drug abuse the property to be forfeited in a civil forfei- unless otherwise specified by law for another ture action is personal property, the forfeit- purpose. ing agency must prove the elements specified (3) Forfeitures prohibited without con- in subsection (3) or (5) of this section by a viction. Except as provided in this section, a preponderance of the evidence. If the prop- judgment of forfeiture of property in a civil erty to be forfeited in a civil forfeiture action forfeiture proceeding by the State or any of is real property, the forfeiting agency must its political subdivisions may not be entered prove the elements specified in subsection (3) until and unless the person claiming the or (5) of this section by clear and convincing property is convicted of a crime in Oregon evidence. or another jurisdiction and the property: (b) If a forfeiting agency establishes in a (a) Constitutes proceeds of the crime for forfeiture proceeding that cash, weapons or which the claimant has been convicted; negotiable instruments were found in close

Oregon Constitution Page 71 (2020 Edition) Art. XV§10 CONSTITUTION OF OREGON

proximity to controlled substances or to in- (a) To the satisfaction of any foreclosed strumentalities of criminal conduct, the bur- liens, security interests and contracts in the den is on any person claiming the cash, order of their priority; weapons or negotiable instruments to prove (b) To the State or any of its political by a preponderance of the evidence that the subdivisions for actual and reasonable ex- cash, weapons or negotiable instruments are penses related to the costs of the forfeiture not proceeds of criminal conduct or an in- proceeding, including attorney fees, storage, strumentality of criminal conduct. maintenance, management, and disposition (7) Value of property forfeited. The value of the property incurred in connection with of the property forfeited under the provisions the sale of any forfeited property; and of this section may not be excessive and (c) To the State or any of its political shall be substantially proportional to the subdivisions to be used exclusively for drug specific conduct for which the owner of the treatment, unless another disposition is spe- property has been convicted. For purposes cially provided by law. of this section, “property” means any interest in anything of value, including the whole (13) Restrictions on State transfers. Nei- of any lot or tract of land and tangible and ther the State of Oregon, its political subdi- intangible personal property, including cur- visions, nor any forfeiting agency shall rency, instruments or securities or any other transfer forfeiture proceedings to the federal kind of privilege, interest, claim or right government unless a state court has affirma- whether due or to become due. Nothing in tively found that: this section shall prohibit a person from vol- (a) The activity giving rise to the forfei- untarily giving a judgment of forfeiture. ture is interstate in nature and sufficiently (8) Financial institutions. In a civil complex to justify the transfer; forfeiture proceeding, if a financial institu- (b) The seized property may only be for- tion claiming an interest in the property feited under federal law; or demonstrates that it holds an interest, the (c) Pursuing forfeiture under state law financial institution’s interest is not subject would unduly burden the state forfeiting to forfeiture. agencies. (9) Exception for unclaimed property and (14) Penalty for violations. Any person contraband. Notwithstanding the provisions acting under color of law, official title or of subsection (3) of this section, if, following position who takes any action intending to notice to all persons known to have an in- conceal, transfer, withhold, retain, divert or terest or who may have an interest, no per- otherwise prevent any moneys, conveyances, son claims an interest in the seized property real property, or any things of value forfeited or if the property is contraband, a judgment under the law of this State or the United of forfeiture may be allowed and entered States from being applied, deposited or used without a criminal conviction. For purposes in accordance with the requirements of this of this subsection, “contraband” means per- section shall be subject to a civil penalty in sonal property, articles or things, including an amount treble the value of the forfeited but not limited to controlled substances or property concealed, transferred, withheld, re- drug paraphernalia, that a person is prohib- tained or diverted. Nothing in this subsection ited by Oregon statute or local ordinance shall be construed to impair judicial immu- from producing, obtaining or possessing. nity if otherwise applicable. (10) Exception for forfeiture of animals. (15) Reporting requirement. All forfeiting This section does not apply to the forfeiture agencies shall report the nature and disposi- of animals that have been abused, neglected tion of all property seized for forfeiture or or abandoned. forfeited to a State asset forfeiture oversight committee that is independent of any forfeit- (11) Law enforcement seizures unaffected. ing agency. The asset forfeiture oversight Nothing in this section shall be construed to committee shall generate and make available affect the temporary seizure of property for to the public an annual report of the infor- evidentiary, forfeiture, or protective pur- mation collected. The asset forfeiture over- poses, or to alter the power of the Governor sight committee shall also make to remit fines or forfeitures under Article V, recommendations to ensure that asset forfei- Section 14, of this Constitution. ture proceedings are handled in a manner (12) Disposition of property to drug that is fair to innocent property owners and treatment. Any sale of forfeited property interest holders. shall be conducted in a commercially rea- (16) Severability. If any part of this sec- sonable manner. Property forfeited in a civil tion or its application to any person or cir- forfeiture proceeding shall be distributed or cumstance is held to be invalid for any applied in the following order: reason, then the remaining parts or applica-

Oregon Constitution Page 72 (2020 Edition) CONSTITUTION OF OREGON Art. XV§11 tions to any persons or circumstances shall (C) Provide training opportunities for not be affected but shall remain in full force home care workers, seniors and people with and effect. [Created through initiative petition filed disabilities as consumers of personal care Jan. 5, 2000, and adopted by the people Nov. 7, 2000; services; Amendment proposed by S.J.R. 18, 2007, and adopted by the people May 20, 2008] (D) Establish qualifications for home care Note: The leadlines to section 10 and subsections workers; (2), (3), (9) and (11) to (16) of section 10 were a part of (E) Establish and maintain a registry of the measure submitted by initiative petition (Measure No. 3, 2000) adopted by the people Nov. 7, 2000. The qualified home care workers; leadlines to subsections (4) to (8) and (10) of section 10 (F) Cooperate with area agencies on ag- were a part of S.J.R. 18, 2007, which was adopted by the people May 20, 2008. ing and disability services and other local agencies to provide the services described Note: The text of section 11 (sections 1 to 3, Measure No. 99, 2000) as submitted to the people was and set forth in this section. preceded by a preamble that reads as follows: (2) Home Care Commission WHEREAS, thousands of Oregon seniors and per- Operation/Selection. (a) The Home Care sons with disabilities live independently in their own Commission shall be comprised of nine mem- homes, which they prefer and is less costly than institutional care (i.e. nursing homes), because over 10,000 bers. Five members of the Commission shall home care workers, (also known as client employed be current or former consumers of home care providers), paid by the State of Oregon provide in-home services for the elderly or people with disa- support services; bilities. One member shall be a represen- WHEREAS, home care workers provide services tative of the Oregon Disabilities Commission, that range from housekeeping, shopping, meal prepara- (or a successor entity, for as long as a com- tion, money management and personal care to medical care and treatment, but receive little, if any, training in parable entity exists). One member shall be those areas resulting in a detrimental impact on quality a representative of the Governor’s Commis- of care; sion on Senior Services, (or a successor en- WHEREAS, the quality of care provided to seniors tity, for as long as a comparable entity and people with disabilities is diminished when there is exists). One member shall be a representative a lack of stability in the workforce which is the result of the Oregon Association of Area Agencies of home care workers receiving low wages, minimal on Aging and Disabilities, (or a successor training and benefits; entity, for as long as a comparable entity WHEREAS, both home care workers and clients receiving home care services would benefit from creat- exists). One member shall be a representative ing an entity which has the authority to provide, and of the Senior and Disabled Services Division, is held accountable for the quality of services provided (or a successor entity, for as long as a com- in Oregon’s in-home system of long-term care. parable entity exists). Section 11. Home Care Commission. (b) The term of office of each member is (1) Ensuring High Quality Home Care Ser- three years, subject to confirmation by the vices: Creation and Duties of the Quality Senate. If there is a vacancy for any cause, Home Care Commission. (a) The Home Care the Governor shall make an appointment to Commission is created as an independent become immediately effective for the unex- public commission consisting of nine mem- pired term. A member is eligible for reap- bers appointed by the Governor. pointment and may serve no more than three (b) The duties and functions of the Home consecutive terms. In making appointments Care Commission include, but are not limited to the Commission, the Governor may take to: into consideration any nominations or recommendations made by the representative (A) Ensuring that high quality, compre- groups or agencies. hensive home care services are provided to the elderly and people with disabilities who (3) Other Provisions — Legal Duties and receive personal care services in their homes Responsibilities of the Commission. (a) The by home care workers hired directly by the Home Care Commission shall, in its own client and financed by payments from the name, for the purpose of carrying into effect State or by payments from a county or other and promoting its functions, have authority public agency which receives money for that to contract, lease, acquire, hold, own, en- purpose from the State; cumber, insure, sell, replace, deal in and with and dispose of real and personal prop- (B) Providing routine, emergency and re- erty. spite referrals of qualified home care providers to the elderly and people with disabilities (b) When conducting any activities in who receive personal care services by home this Section or in subsection (1) of this sec- care workers hired directly by the client and tion, and in making decisions relating to financed in whole or in part by the State, or those activities, the Home Care Commission by payment from a county or other public shall first consider the effect of its activities agency which receives money for that pur- and its decisions on improving the quality of pose from the State; service delivery and ensuring adequate hours

Oregon Constitution Page 73 (2020 Edition) Art. XVI§1 CONSTITUTION OF OREGON of service are provided to clients who are (1) Such boundaries are modified by ap- served by home care workers. propriate interstate compact or compacts (c) Clients of home care services retain heretofore or hereafter approved by the Con- their right to select the providers of their gress of the United States; or choice, including family members. (2) The Legislative Assembly by law ex- (d) Employees of the Commission are not tends the boundaries or jurisdiction of this employees of the State of Oregon for any state an additional distance seaward under purpose. authority of a law heretofore or hereafter enacted by the Congress of the United (e) Notwithstanding the provisions in States. [Constitution of 1859; Amendment proposed by paragraph (d) of this subsection, the State of S.J.R. 4, 1957, and adopted by the people Nov. 4, 1958; Oregon shall be held responsible for unem- Amendment proposed by H.J.R. 24, 1967, and adopted ployment insurance payments for home care by the people Nov. 5, 1968] workers. (f) For purposes of collective bargaining, the Commission shall be the employer of re- ARTICLE XVII cord of home care workers hired directly by AMENDMENTS AND REVISIONS the client and paid by the State, or by a county or other public agency which receives Sec. 1. Method of amending Constitution money for that purpose from the State. Home 2. Method of revising Constitution care workers have the right to form, join and participate in the activities of labor organ- Section 1. Method of amending Con- izations of their own choosing for the pur- stitution. Any amendment or amendments pose of representation and collective to this Constitution may be proposed in ei- bargaining with the Commission on matters ther branch of the legislative assembly, and concerning employment relations. These if the same shall be agreed to by a majority rights shall be exercised in accordance with of all the members elected to each of the two the rights granted to public employees with houses, such proposed amendment or amend- mediation and interest arbitration as the ments shall, with the yeas and nays thereon, method of concluding the collective bargain- be entered in their journals and referred by ing process. Home care workers shall not the secretary of state to the people for their have the right to strike. approval or rejection, at the next regular general election, except when the legislative (g) The Commission may adopt rules to assembly shall order a special election for carry out its functions. [Created through initiative petition filed Nov. 10, 1999, and adopted by the that purpose. If a majority of the electors people Nov. 7, 2000] voting on any such amendment shall vote in Note: The leadlines to subsections (1), (2) and (3) favor thereof, it shall thereby become a part of section 11, except the periods in subsections (2) and of this Constitution. The votes for and (3), were a part of the measure submitted to the people against such amendment, or amendments, se- by initiative petition (Measure No. 99, 2000) and adopted verally, whether proposed by the legislative by the people Nov. 7, 2000. assembly or by initiative petition, shall be Note: Section 11 was submitted to the voters as canvassed by the secretary of state in the sections 1, 2 and 3 and added to the Constitution but presence of the governor, and if it shall ap- not to any Article therein by Measure No. 99, 2000. pear to the governor that the majority of the Note: In Measure No. 99, 2000, subsection (1)(a) and (b)(A) to (F) were designated as section 1 (A) and votes cast at said election on said amend- (B)(1) to (6); subsection (2)(a) and (b) as section 2 (A) ment, or amendments, severally, are cast in and (B); and subsection (3)(a) to (g) as section 3 (A) to favor thereof, it shall be his duty forthwith (G). The reference to subsection (1) of this section was after such canvass, by his proclamation, to a reference to Section 1 above, and the reference to declare the said amendment, or amendments, paragraph (d) of this subsection was a reference to subsection (D) of this section. severally, having received said majority of votes to have been adopted by the people of Note: In Measure No. 99, 2000, the period in subsection (1)(b)(F) appeared as a semicolon, and there was Oregon as part of the Constitution thereof, no period in subsection (3)(e). and the same shall be in effect as a part of the Constitution from the date of such proclamation. When two or more amendments shall be submitted in the manner aforesaid ARTICLE XVI to the voters of this state at the same BOUNDARIES election, they shall be so submitted that each amendment shall be voted on separately. No Section 1. State boundaries. The State convention shall be called to amend or proof Oregon shall be bounded as provided by pose amendments to this Constitution, or to section 1 of the Act of Congress of February propose a new Constitution, unless the law 1859, admitting the State of Oregon into the providing for such convention shall first be Union of the United States, until: approved by the people on a referendum vote

Oregon Constitution Page 74 (2020 Edition) CONSTITUTION OF OREGON Art. XVIII§2 at a regular general election. This article (b) An amendment is proposed under sec- shall not be construed to impair the right of tion 1, Article IV, or under section 1 of this the people to amend this Constitution by Article; and vote upon an initiative petition therefor. (c) The proposed amendment will be sub- [Created through initiative petition filed Feb. 3, 1906, and adopted by the people June 4, 1906] mitted to the people at an election held during the period between the adjournment of Note: The above section replaces sections 1 and 2 of Article XVII of the original Constitution. the legislative session at which the proposed revision is referred to the people and the Section 2. Method of revising Consti- next regular legislative session. [Created tution. (1) In addition to the power to amend through H.J.R. 5, 1959, and adopted by the people Nov. this Constitution granted by section 1, Arti- 8, 1960] cle IV, and section 1 of this Article, a revision of all or part of this Constitution may be proposed in either house of the Legislative ARTICLE XVIII Assembly and, if the proposed revision is SCHEDULE agreed to by at least two-thirds of all the members of each house, the proposed re- Sec. 1. Election to accept or reject Constitution vision shall, with the yeas and nays thereon, 2. Questions submitted to voters be entered in their journals and referred by 3. Majority of votes required to accept or reject the Secretary of State to the people for their Constitution approval or rejection, notwithstanding sec- 4. Vote on certain sections of Constitution tion 1, Article IV of this Constitution, at the 5. Apportionment of Senators and Represen- tatives next regular state-wide primary election, ex- 6. Election under Constitution; organization of cept when the Legislative Assembly orders a state special election for that purpose. A proposed 7. Former laws continued in force revision may deal with more than one sub- 8. Officers to continue in office 9. Crimes against territory ject and shall be voted upon as one question. 10. Saving existing rights and liabilities The votes for and against the proposed re- 11. Judicial districts vision shall be canvassed by the Secretary of State in the presence of the Governor and, Section 1. Election to accept or reject if it appears to the Governor that the major- Constitution. For the purpose of taking the ity of the votes cast in the election on the vote of the electors of the State, for the ac- proposed revision are in favor of the pro- ceptance or rejection of this Constitution, an posed revision, he shall, promptly following election shall be held on the second Monday the canvass, declare, by his proclamation, of November, in the year 1857, to be con- that the proposed revision has received a ducted according to existing laws regulating majority of votes and has been adopted by the election of Delegates in Congress, so far the people as the Constitution of the State as applicable, except as herein otherwise of Oregon or as a part of the Constitution of provided. the State of Oregon, as the case may be. The Section 2. Questions submitted to revision shall be in effect as the Constitution voters. Each elector who offers to vote upon or as a part of this Constitution from the this Constitution, shall be asked by the date of such proclamation. judges of election this question: (2) Subject to subsection (3) of this sec- Do you vote for the Constitution? Yes, tion, an amendment proposed to the Consti- or No. tution under section 1, Article IV, or under And also this question: section 1 of this Article may be submitted to Do you vote for Slavery in Oregon? Yes, the people in the form of alternative pro- or No. visions so that one provision will become a part of the Constitution if a proposed re- And in the poll books shall be columns vision is adopted by the people and the other headed respectively. provision will become a part of the Constitu- tion if a proposed revision is rejected by the “Constitution, Yes.” “Constitution, No” people. A proposed amendment submitted in “Slavery, Yes.” “Slavery, No”. the form of alternative provisions as author- And the names of the electors shall be ized by this subsection shall be voted upon entered in the poll books, together with their as one question. answers to the said questions, under their (3) Subsection (2) of this section applies appropriate heads. The abstracts of the votes transmitted to the Secretary of the Territory, only when: shall be publicly opened, and canvassed by (a) The Legislative Assembly proposes the Governor and Secretary, or by either of and refers to the people a revision under them in the absence of the other; and the subsection (1) of this section; and Governor, or in his absence the Secretary,

Oregon Constitution Page 75 (2020 Edition) Art. XVIII§3 CONSTITUTION OF OREGON

shall forthwith issue his proclamation, and Benton one senator, and two representatives. publish the same in the several newspapers Multnomah, one senator, and two represen- printed in this State, declaring the result of tatives. the said election upon each of said questions. Washington, Columbia, Clatsop, and Tilla- [Constitution of 1859; Amendment proposed by S.J.R. 7, mook one senator jointly, and Washing- 2001, and adopted by the people Nov. 5, 2002] ton one representative, and Washington Section 3. Majority of votes required and Columbia one representative jointly, to accept or reject Constitution. If a ma- and Clatsop and Tillamook one represen- jority of all the votes given for, and against tative jointly. the Constitution, shall be given for the Con- Douglas, one senator, and two represen- stitution, then this Constitution shall be tatives. deemed to be approved, and accepted by the Jackson one senator, and three represen- electors of the State, and shall take effect tatives. accordingly; and if a majority of such votes Josephine one senator, and one represen- shall be given against the Constitution, then tative. this Constitution shall be deemed to be re- Umpqua, Coos and Curry, one senator jected by the electors of the State, and shall jointly, and Umpqua one representative, be void. — and Coos and Curry one representative jointly. [Constitution of 1859; Amendment pro- Section 4. Vote on certain sections of posed by S.J.R. 7, 2001, and adopted by the people Constitution. If this Constitution shall be Nov. 5, 2002] accepted by the electors, and a majority of Section 6. Election under Constitu- all the votes given for, and against slavery, tion; organization of state. If this Consti- shall be given for slavery, then the following tution shall be ratified, an election shall be section shall be added to the Bill of Rights, held on the first Monday of June 1858, for and shall be part of this Constitution: the election of members of the Legislative “Sec. “Persons lawfully held as Assembly, a Representative in Congress, and slaves in any State, Territory, or District of State and County officers, and the Legisla- the United States, under the laws thereof, tive Assembly shall convene at the Capital may be brought into this State, and such on the first Monday of July 1858, and pro- Slaves, and their descendants may be held as ceed to elect two senators in Congress, and slaves within this State, and shall not be make such further provision as may be nec- emancipated without the consent of their essary to the complete organization of a owners.” State government. — And if a majority of such votes shall be Section 7. Former laws continued in given against slavery, then the foregoing force. All laws in force in the Territory of section shall not, but the following sections Oregon when this Constitution takes effect, shall be added to the Bill of Rights, and shall and consistent therewith, shall continue in be a part of this Constitution. force until altered, or repealed. — “Sec. There shall be neither slav- Section 8. Officers to continue in of- ery, nor involuntary servitude in the State, fice. All officers of the Territory of Oregon, otherwise than as a punishment for crime, or under its laws, when this Constitution whereof the party shall have been duly con- takes effect, shall continue in office, until victed.” [Constitution of 1859; Amendment proposed superseded by the State authorities. — by S.J.R. 7, 2001, and adopted by the people Nov. 5, 2002] Section 9. Crimes against territory. Note: See sections 34 and 35 of Article I, Oregon Crimes and misdemeanors committed against Constitution. the Territory of Oregon shall be punished by Section 5. Apportionment of Senators the State, as they might have been punished and Representatives. Until an enumeration by the Territory, if the change of government of the inhabitants of the State shall be made, had not been made. — and the senators and representatives appor- Section 10. Saving existing rights and tioned as directed in the Constitution, the liabilities. All property and rights of the County of Marion shall have two senators, Territory, and of the several counties, subdi- and four representatives. visions, and political bodies corporate, of, or Linn two senators, and four representatives. in the Territory, including fines, penalties, Lane two senators, and three representatives. forfeitures, debts and claims, of whatsoever Clackamas and Wasco, one senator jointly, nature, and recognizances, obligations, and and Clackamas three representatives, and undertakings to, or for the use of the Terri- Wasco one representative. tory, or any county, political corporation, of- Yamhill one senator, and two represen- fice, or otherwise, to or for the public, shall tatives. inure to the State, or remain to the county, Polk one senator, and two representatives. local division, corporation, officer, or public,

Oregon Constitution Page 76 (2020 Edition) CONSTITUTION OF OREGON Art. XVIII§11 as if the change of government had not been ond district.—The counties of Linn, Marion, made. And private rights shall not be af- Polk, Yamhill and Washington, shall consti- fected by such change. — tute the third district.—The counties of Section 11. Judicial districts. Until Clackamas, Multnomah, Wasco, Columbia, otherwise provided by law, the judicial dis- Clatsop, and Tillamook, shall constitute the tricts of the State, shall be constituted as fourth district—and the County of Tillamook follows: The counties of Jackson, Josephine, shall be attached to the county of Clatsop for and Douglas, shall constitute the first dis- judicial purposes. — trict. The counties of Umpqua, Coos, Curry, Lane, and Benton, shall constitute the sec-

Oregon Constitution Page 77 (2020 Edition) CONSTITUTION OF OREGON

Oregon Constitution Page 78 (2020 Edition) INDEX TO CONSTITUTION OF OREGON 2020 EDITION

ACCUSED Salaries and expenses, public officers, Art. IX §7 Rights, Art. I §11 School district capital costs, Art. XI-P §2, §4 Subject of appropriation measures limited, Art. IX §7 ADJOURNMENT Veto, partial, Art. V §15a Legislature, Art. IV §11, §12, §13 ARREST ADJUTANT GENERAL Debtors, Art. I §19 Appointment, Governor, Art. X §3 Immunity of voter, Art. II §13 Legislators, immunity, Art. IV §9 AFFIRMATIONS Restrictions, Art. I §9 See OATHS AND AFFIRMATIONS, generally Treatment of prisoners, Art. I §13

ALCOHOLIC BEVERAGES ASSEMBLY See INTOXICATING LIQUORS, generally Right of, Art. I §26

AMENDMENTS ASSESSMENTS (MONETARY) Art. IV §18, §20, §22 Bills, Transfer of real property, prohibition, Art. IX §15 Charters, Art. XI §2 Constitution of Oregon, Art. IV §1, Art. XVII §1, §2 Indictments, Art. VII (Am) §5 ATTORNEYS Claims against state, state officer not to act as APPEALS attorney, Art. XV §7 (Generally), Art. VII (Am) §3 Judges pro tem, as, Art. VII (Am) §2a Affirmance, Art. VII (Am) §3 Right to, criminal proceedings, Art. I §11 Bill of exceptions, attaching testimony, instruc- tions, Art. VII (Am) §3 AUDITOR OF PUBLIC ACCOUNTS Circuit courts, to, Art. VII (Orig) §9 Facts, reexamination, Art. VII (Am) §3 Secretary of State as, Art. VI §2 Penalties, criminal, increase prohibited, Art. VII (Am) §3 AUDITS Report of decisions to Secretary of State, State agencies receiving lottery proceeds, Art. VII (Am) §4, Art. VII (Orig) §7 Art. XV §4c Supreme Court, to, Art. VII (Am) §3

APPOINTMENTS BAIL Governor, see GOVERNOR Excessive prohibited, Art. I §16 Legislature, see LEGISLATURE Nonbailable offenses, Art. I §43 Pro tempore Right to, Art. I §14 Effect on terms, Art. II §12 Judges, Art. VII (Am) §1a, §2a BANKS AND BANKING Formation, Art. XI §1, §2 APPROPRIATIONS Money, issuing, prohibition, Art. XI §1 Catastrophic disasters, Art. X-A §2, §4 State banks, prohibition, Art. XI §1 Education, quality goals, sufficiency to meet, Stockholders’ liability, Art. XI §3 Art. VIII §8 Emergency expenditures, Art. III §3 Higher education buildings, bonds, matching, BILL OF RIGHTS Art. XI-G §1 See also CIVIL RIGHTS Mandated activities, local governments, funding, (Generally), Art. I Art. XI §15 Necessity, Art. IX §4 Parks and natural resources fund, lottery pro- BILLS ceeds, Art. XV §4a, §4b Legislative, see LEGISLATURE; STATUTES, gen- Religious purpose, limitations, Art. I §5 erally

Oregon Constitution 79 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

BINGO Public records, keeping at, Art. VI §5 Charitable, etc., organizations, Art. XV §4 State house, money for, Art. XIV §2

BONDS CATASTROPHIC DISASTERS Counties, see COUNTIES See EMERGENCIES AND DISASTERS Education Capital costs CIRCUIT COURTS Oregon Health and Science University, Art. XI- See also COURTS AND JUDGES L §1, §2, §3, §4, §5 (Generally), Art. VII (Orig) §9, §10 School districts Clerk, Art. VII (Orig) §15 (Generally), Art. XI-P §1, §2, §3, §4, §5, §6, §7 Courts of record, Art. VII (Orig) §1 Taxes, see , this topic Taxes Districts, original, Art. XVIII §11 Higher education, see , this Higher education Election of judges, Art. VII (Am) §1, topic Art. VII (Orig) §10 State guaranty, education districts, Art. XI-K §1, Jurisdiction, generally, Art. VII (Orig) §1, §9 §2, §3, §4, §5, §6 Ministerial officer, sheriff as, Art. VII (Orig) §16 Taxes, see Taxes, this topic Oath of judges, Art. VII (Orig) §10 Higher education Term Buildings, Art. XI-F(1) §1, §2, §3, §4, §5, Art. XI- Court, Art. VII (Orig) §8 G §1, §2, §3 Judges, Art. VII (Am) §1, §1a, Art. VII (Orig) §10 Oregon Health and Science University, capital costs, Art. XI-L §1, §2, §3, §4, §5 Highways and roads, Art. IX §3a CITIES Housing, Art. XI §9, Art. XI-I(2) See MUNICIPALITIES, generally Pension liabilities, state, Art. XI-O Pollution control facilities (Generally), Art. XI-H CIVIL RIGHTS Refunding, Art. XI-H §5 (Generally), Art. I Self-supporting and self-liquidating requirement, Accused persons, Art. I §11 Art. XI-H §2 Arms, bearing, Art. I §27 Reforestation bonds, state land, Art. XI-E §1 Arrest, imprisonment, Art. I §9, §13, §19 Seismic rehabilitation, Art. XI-M, Art. XI-N Assembly, Art. I §26 Small scale local energy loans, see LOANS Bail, Art. I §14, §16 State, see STATE FINANCE Compulsory services, prohibited, Art. I §18, §34 Taxes Due process of law, Art. I §10 Affordable housing, municipalities, Art. XI §9 Elections, free and equal, Art. II §1 Higher education buildings, Art. XI-F(1) §3, Art. XI- Electors, Art. II §3, §13, §16 G §3 Enumerated rights not exclusive, Art. I §33 Motor vehicle fuel and excise, proceeds use, retire- Ex post facto laws, Art. I §21 ment, Art. IX §3a Fines, Art. I §16 Real or personal property projects, state, Art. XI- Habeas corpus, Art. I §23 Q §2 Involuntary servitude, Art. I §18, §34 School districts Jeopardy, double, Art. I §12 Capital costs Jury trial, Art. I §11, §17 Limitation, exemption, Art. XI §11L Petition, right to, Art. I §26 State tax levies, Art. XI-P §2 Preservation of, generally, Art. I §1, §20 State guaranty, repayment, Art. XI-K §4 Press, freedom, Art. I §8 Voter qualifications, Art. II §2 Privileges and immunities, Art. I §20 War Veterans’ Fund, Oregon, Art. XI-A §2, §4, §6 Religious freedom, Art. I §2, §3, §4, §5, §6 Water development projects, Art. XI-I(1) §1, §2, §3, Searches and seizures, Art. I §9 §4, §5 Self-incrimination, right against, Art. I §12 World War II Veterans’ Compensation Fund, Sex of person, equality of rights, Art. I §46 Art. XI-F(2) §1 Slavery, Art. I §34 Speech, freedom, Art. I §8 BONUS, VETERANS Suspension Convicts, Art. II §3 See VETERANS Laws, Art. I §22 BOUNDARIES CLASS LEGISLATION Counties, limitations, Art. XV §6 Art. I §20 State, Art. XVI §1 Prohibited,

BUDGETING CLERKS OF COURTS Art. VII (Orig) §15 State, Art. III §2, §3, Art. IX §2, §6 Circuit courts, County courts, Art. VII (Orig) §15 CAMPAIGN FINANCE COMMON SCHOOL FUND (Generally), Art. II §8, §22 (Generally), Art. VIII §2 Bond guaranty obligations, state borrowing from CAPITAL (CAPITOL) fund, Art. XI-K §4 Location, Art. I §21, Art. XIV §1 Income distribution, Art. VIII §4

Oregon Constitution 80 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

CONDEMNATION Limitation, Art. XI §10, §11 et seq. (Generally), Art. I §18 Pollution control facilities, Art. XI-H §1 Compensation, Art. XI §4 Education, Common School Fund share, People’s utility districts, Art. XI §12 Art. VIII §4 Public uses, declared, Art. I §18 Elections, see ELECTIONS Employees, see Officers, this topic; PUBLIC OFFI- CERS AND EMPLOYEES, generally CONFRONTATION Finances Criminal cases, Art. I §11 (Generally), Art. XI §10, §11 et seq. Debt, see Debt, this topic Expenses of court, reimbursement by fees, CONSTABLES Art. VII (Orig) §14 Special, local acts, prohibition, Art. IV §23 Local improvements, home rule, Art. VI §10 Home rule, Art. VI §10 CONSTITUTION OF OREGON Improvements, local, financing, Art. VI §10, Adoption, Art. XVIII §1, §2, §3 Art. XI §11 et seq. Amendment, revision, Art. IV §1, Art. XVII §1, §2 Initiative and referendum, Art. VI §10 Convention, election to authorize, Art. XVII §1 Judges, see COURTS AND JUDGES, generally Liabilities, limitation, Art. XI §10 Local option, Art. I §39, Art. XI §11 et seq. CONTRACTS Mandated activities, funding, Art. XI §15 Obligation, impairing, Art. I §21 Marion, state capitol, Art. XIV §1 Pollution control facilities, financing, Art. XI-H §3 New counties, minimum area and population, Public retirement plans, return rate guarantee Art. XV §6 prohibited, Art. IX §11 Officers Stationery, state, Art. IX §8 See also PUBLIC OFFICERS AND EMPLOY- EES Charter provisions, Art. VI §10 CONVICTS Consolidated city, county governments, Art. XI §2a See PRISONERS, generally Defeated incumbents, terms, Art. XV §1 Duties and powers, Art. VI §8 CORONERS Election, Art. IV §23, Art. VI §6, §7, §9, Duties and powers, Art. VI §8 Art. VII (Orig) §12, §15, §16, §17 Offices, qualifications, Art. VI §8 Qualifications, Art. VI §8 Terms, Art. VI §6, Art. VII (Orig) §15, §16, Art. XV §1 CORPORATIONS Vacancies in office, Art. V §16, Art. VI §9, Aid to, by municipalities, prohibited, Art. XI §9 Art. XV §9 Condemnation, Art. XI §4 Offices, location, Art. VI §8 Debt, state assuming, Art. XI §8 Petitions, initiative or referendum, Art. VI §10 Formation, Art. XI §1, §2 Pollution control facility financing, Art. XI-H §1, Municipal, see MUNICIPALITIES, generally §2, §3, §4, §5, §6 Stock and stockholders, see STOCK AND STOCK- Population, minimum, Art. XV §6 HOLDERS, generally Stock in corporations, prohibition, Art. XI §9 Taxes, see TAXATION, generally Taxation, Art. VI §10, Art. XI §11 et seq. Transportation system employees, Art. XI §13 CORRECTIONAL INSTITUTIONS Veterans, state aid, Art. XI-A §1 Prisoners, see PRISONERS, generally COUNTY ASSESSORS CORRUPTION OF BLOOD Duties, Art. VI §8 Qualification, Art. VI §8 Prohibited, Art. I §25 COUNTY CLERKS COUNSEL Duties and powers, Art. VI §8, Art. VII (Orig) §15 Criminal cases, right to have, Art. I §11 Election of, Art. VI §6, Art. VII (Orig) §15 Offices, qualifications, Art. VI §8 COUNTIES Term, Art. VI §6, Art. VII (Orig) §15 Aid to corporations prohibited, Art. XI §9 Vacancies, filling, Art. V §16, Art. VI §9 Alcoholic beverages, local option taxes, Art. I §39 Area, minimum, Art. XV §6 COUNTY COMMISSIONERS Assessments, local improvements, Art. VI §10 (Generally), Art. VII (Orig) §12 Bonded indebtedness, see Debt, this topic Boundaries, changing, minimum area, population, Art. XV §6 COUNTY COURTS (ADMINISTRATIVE) Campaign finance regulation, Art. II §8 (Generally), Art. VII (Orig) §12 Charters, Art. VI §10 Clerk, Art. VII (Orig) §15 Condemnation, Art. I §18, Art. XI §4 Commissioners, Art. VII (Orig) §12 Consolidation with city government, Art. XI §2a Election Debt Commissioners, Art. VII (Orig) §12 Affordable housing, Art. XI §9 Judges, Art. VII (Orig) §11 Assumption by state, Art. XI §8 Expenses, reimbursement, Art. VII (Orig) §14

Oregon Constitution 81 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

Ministerial officer, sheriff as, Art. VII (Orig) §16 Secret, prohibited, Art. I §10 Salary and compensation, Art. VII (Orig) §14 Suspension of judges, Art. VII (Am) §8 Term, Art. VII (Orig) §11 Temporary judges, Art. VII (Am) §1a, §2a Term of office, Art. VII (Am) §1, §1a, COUNTY COURTS (JUDICIAL) Art. VII (Orig) §3 Vacancies in office, Art. V §16, Art. VII (Orig) §4, See also COURTS AND JUDGES Art. XV §9 (Generally), Art. VII (Orig) §12 Circuit courts, appeals and supervisory control, Art. VII (Orig) §9 CRIME Clerk, Art. VII (Orig) §15 Accused, rights, Art. I §11, Art. VII (Am) §5 Courts of record, Art. VII (Orig) §1 Aggravated murder, penalty, Art. I §40 Election of judges, Art. VII (Am) §1, Commutations, Art. V §14 Art. VII (Orig) §11 Convictions Expenses, reimbursement, Art. VII (Orig) §14 Appeals, see APPEALS, generally Habeas corpus, Art. VII (Orig) §13 Civil forfeiture, requirement, Art. XV §10 Jurisdiction, generally, Art. VII (Am) §2, Corruption of blood prohibited, Art. I §25 Art. VII (Orig) §1, §12, §13 Forfeiture of estate prohibited, Art. I §25 Ministerial officer, sheriff as, Art. VII (Orig) §16 Judges, removal, suspension, or censure, Salary and compensation, Art. VII (Am) §1, Art. VII (Am) §8 Art. VII (Orig) §14 Legislators, office, eligibility and vacation, Term, Art. VII (Am) §1, §1a, Art. VII (Orig) §11 Art. IV §8 Times of holding court, Art. VII (Orig) §11 Voting restrictions, Art. II §3 Writs, Art. VII (Orig) §13 Cruel and unusual punishment, Art. I §13, §16 Death penalty, Art. I §40 COUNTY SEATS Elector privilege, conviction, effect, Art. II §3 Forfeiture Art. I §21 Location, Conviction requirements, civil forfeiture, Art. XV §10 COUNTY SURVEYORS Estate, prohibited, Art. I §25 Duties and powers, Art. VI §8 Oregon Property Protection Act of 2000, Art. XV §10 Offices, qualifications, Art. VI §8 Indictment, Art. I §11, Art. VII (Am) §5 Vacancies, filling, Art. V §16, Art. VI §9 Informations, Art. VII (Am) §5 Involuntary servitude permitted, Art. I §34 Juries, Art. I §11, §16 COUNTY TREASURERS Pardons, remissions and reprieves, Art. V §14 Duties and powers, Art. VI §8 Principles of law, Art. I §15 Election, Art. VI §6 Rights of accused, Art. I §11, Art. VII (Am) §5 Offices, qualifications, Art. VI §8 Sentence and punishment, see SENTENCE AND Term, Art. VI §6 PUNISHMENT, generally Vacancies, filling, Art. V §16, Art. VI §9 Territory, against, punishment, Art. XVIII §9 Victims’ rights, Art. I §42, §43 COURTS AND JUDGES Voting, conviction, effect, Art. II §3 See also CIRCUIT COURTS; COUNTY COURTS (JUDICIAL); JUDICIAL BRANCH; JUSTICES CROSS EXAMINATION OF PEACE; MUNICIPAL COURTS; SUPREME Criminal cases, Art. I §11 COURT Amendment of Constitution, 1910, effect, Art. VII (Am) §2 CRUEL, UNUSUAL PUNISHMENT Censure of judges, Art. VII (Am) §8 Force, unnecessary, Art. I §13 County home rule, effect, Art. VI §10 Prohibited, Art. I §16 Creation of courts, Art. VII (Am) §1, §2b Districts, original, Art. XVIII §11 DEATH Due process, Art. I §10

Election of judges, Art. VII (Am) §1, Candidate, elective office, prior to election, Art. VII (Orig) §2, §10, §11 Art. II §24 Employment of judges by Oregon National Guard or for teaching, Art. XV §8 DEATH PENALTY Inferior courts, creation, Art. VII (Am) §1, §2b Aggravated murder, Art. I §40 Judicial branch established, separate from legislative and executive, Art. III Judicial power vested in courts, Art. VII (Am) §1, DEBT Art. VII (Orig) §1 Bonds, see BONDS, generally Jurisdiction, see JURISDICTION, generally Counties, see COUNTIES Juvenile courts, victims’ rights, Art. I §42, §43 Imprisonment for, Art. I §19 Practice, special, local Acts regulating, Municipal Art. IV §23, Art. VII (Am) §2b Assumption by state, Art. XI §8 Pro tem judges, Art. VII (Am) §1a, §2a Limitation, Art. XI §5 Record, courts of, Art. VII (Orig) §1 Ports, Art. XI §9 Removal of judges, Art. VII (Am) §8, Redevelopment projects, tax to pay, Art. IX §1c Art. VII (Orig) §20 State, see STATE FINANCE Retirement of judges, Art. VII (Am) §1a Urban renewal projects, tax to pay, Art. IX §1c Salary and compensation, Art. VII (Am) §1 Wife’s liability, Art. XV §5

Oregon Constitution 82 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

DECEDENTS’ ESTATES Grants, equalization, Art. VIII §8 Realty sales, special, local legislation, Art. IV §23 Higher education Bonds, see BONDS Buildings, financing, Art. XI-F(1), Art. XI-G DISABILITIES, PERSONS WITH Judges, employment for teaching, Art. XV §8 Home Care Commission, Art. XV §11 Legislators, higher education employees as, Multifamily housing, see HOUSING Art. XV §8 Voting rights, mental disability, Art. II §3 Oregon Health and Science University, see ORE- GON HEALTH AND SCIENCE UNIVERSITY, generally DISASTERS Stocks, ownership, Art. XI §6 See EMERGENCIES AND DISASTERS, generally Lottery, State, financing public education, Art. XV §4 DISCRIMINATION School board members, employees, as legislators, (Generally), Art. I §20 Art. XV §8 Sex discrimination, Art. I §46 School capital matching fund, Art. XI-P §4, Art. XV §4 School lands management, disposition and pro- DISTRICT ATTORNEYS ceeds, Art. VIII §2, §4, §5 (Generally), Art. VII (Orig) §17 Seismic rehabilitation, public education build- County home rule, effect, Art. VI §10 ings, Art. XI-M Duties and powers Special or local laws, financing, Art. IV §23 (Generally), Art. VII (Orig) §17 Stability fund, Art. XV §4 Indictments, Art. VII (Am) §5 Superintendent of Public Instruction, Art. VIII §1 Informations, Art. VII (Am) §5 System, general and uniform, Art. VIII §3 Removal, Art. VII (Orig) §20 Taxation Bonds, see BONDS Excess corporate tax revenue, retention and use, DISTRICTS Art. IX §14 Campaign finance regulation, Art. II §8 Higher education building bond levy, Art. XI- Condemnation, see CONDEMNATION, generally F(1) §3, Art. XI-G §3 Judicial, Art. XVIII §11 Limits Metropolitan service, Art. XI §14 (Generally), Art. XI §11 et seq. Officers Capital costs, exemption, Art. XI §11L Filling vacancies, Art. V §16 Lost revenue, replacement obligation, state, Recall, Art. II §18 Art. XI §11, §11b People’s utility districts, Art. XI §12 State guaranty of district bonded indebtedness, Taxation by, limitation, Art. XI §11 et seq. Art. XI-K §4

DIVORCE EDUCATION STABILITY FUND Special or local statutes forbidden, Art. IV §23 State Lottery proceeds, financing public education, Art. XV §4 DUAL OFFICE HOLDING Public officers and employees, Art. II §10, ELECTIONS Art. III §1, Art. IV §30, Art. XV §8 Age of voters, Art. II §2 Alcoholic beverages, local option, Art. I §39, DUE PROCESS OF LAW Art. XI §2 (Generally), Art. I §10 Apportionment of legislative districts, Art. IV §6, Criminal cases, Art. I §11 §7, Art. XVIII §5 Arrests, elector immunity, Art. II §13 Bribery to procure election, effect, Art. II §7 DUELING Campaign finance, Art. II §8, §22 Public office disqualification, Art. II §9 Candidates holding elective public office, Art. XV §9 Cities, Art. I §21, §39, Art. II §8, §14a, Art. IV §1, DUTIES Art. VI §1, §7, Art. XI §2a See TAXATION, generally Citizenship of voters, Art. II §2 Conduct and regulation, Art. II §8 EARTHQUAKES Congressmen, original, Art. XVIII §6 See EMERGENCIES AND DISASTERS, generally; Constitution SEISMIC REHABILITATION, generally Adoption, Art. XVIII §1, §2, §3 Amendment, Art. IV §1, Art. XVII §1 Revision, Art. XVII §2 EDUCATION Contests, holding office pending determination, Appropriations, Art. VIII §8 Art. XV §1 Bonds, see BONDS Convicts, excluded, Art. II §3 Common School Fund, Art. VIII §2, §4, §5, Art. XI- County clerk, Art. VI §6, Art. VII (Orig) §15 K §4 County commissioners, Art. VII (Orig) §12 Community colleges County home rule, Art. VI §10 Buildings, financing, Art. XI-G County officers, generally, Art. IV §23, Art. VI §6, State guaranty of bonded indebtedness, Art. XI-K §7, §9 Equitable funding, Art. VIII §8 County treasurer, Art. VI §6

Oregon Constitution 83 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

Crime, conviction, voting rights effect, Art. II §3 Secretary of State, Art. V §4, §8a, Art. VI §1 Date, Art. II §14, §14a Servicemen’s residence, Art. II §4, §5 Death of candidate prior to election, Art. II §24 Sheriffs, Art. VI §6, Art. VII (Orig) §16 District attorneys, Art. VII (Orig) §17 Slavery, Art. XVIII §2, §4 Free and equal, Art. II §1 Special or local laws, Art. IV §23 Governor, Art. V §4, §5, §6, §8a, §17, Art. XVII §1, §2 State Printer, Art. XII §1 Incompetency, adjudication, voting rights effect, State Treasurer, Art. V §8a, Art. VI §1 Art. II §3 Superintendent of Public Instruction, Art. VIII §1 Initiative and referendum, see INITIATIVE AND Supermajority vote, measures stipulating, super- REFERENDUM, generally majority required to adopt, Art. II §23 Insanity (incompetency adjudication), voting Supreme Court vacancies, Art. VII (Orig) §4 rights effect, Art. II §3 Taxation, see TAXATION Judges, Art. V §16, Art. VII (Am) §1, Threat to procure election, effect, Art. II §7 Art. VII (Orig) §2, §4, §10, §11 Time held, Art. II §14, §14a Legislators Vacancies, filling, Art. V §16, §17, Art. VII (Orig) §4 Apportionment of districts, Art. IV §6, §7, Voters’ immunity from arrest, Art. II §13 Art. XVIII §5 Election under Constitution, Art. XVIII §6 Electors, choosing, Art. IV §3 ELECTRIC POWER Inhabitancy of district, Art. IV §3, §8 People’s utility districts, Art. XI §12 Judge of election, houses, Art. IV §11 State’s powers, Art. XI-D §2 Term of office, Art. IV §4 Water power, state development Vacancies, filling, Art. V §17 Administration, Art. XI-D §3 Legislature Development, generally, Art. XI-D §2 Campaign finance laws, Art. II §8 Legislation to effectuate, Art. XI-D §3 Legislators, see Legislators, this topic Right, title, and interest of state, Art. XI-D §1 Regulating elections, Art. II §8 Vacancies in elective public offices, procedures, Art. XV §9 EMERGENCIES AND DISASTERS Voting method, Art. II §15 Catastrophic disasters Local option taxes, Art. XI §11, §11k, §11L (Generally), Art. X-A §1 et seq. Majority vote, necessity, Art. II §16, Art. XI §11, Declaration by Governor, Art. X-A §1 §11k, §11L General Fund moneys or lottery funds, use, Art. X- Mental disability, elector rights, Art. II §3 A §2, §4 Metropolitan service districts, Art. XI §14 Legislative Assembly Militia duty on election day, Art. II §13 Additional powers, Art. X-A §4 Municipal, Art. I §21, §39, Art. II §8, §14a, Art. IV §1, Convening, Art. X-A §1, §3 Art. VI §1, §7, Art. XI §2a Extension by legislature, Art. X-A §6 Nominations and primaries, Art. II §14, §16 Participation by electronic or other means, Original organization of government, Art. X-A §5 Art. XVIII §6 Procedural requirements, Art. X-A §3 People’s utility districts, Art. XI §12 Limitation on Governor’s powers, Art. X-A §6 Place of voting, Art. II §17, Art. IV §23 Termination of operability, Art. X-A §6 Plurality vote, sufficiency, Art. II §16 Emergency Committee (Board), duties and pow- Political contributions and expenditures, ers, Art. III §3 Art. II §8, §22 Legislative measures, see LEGISLATURE Poll tax, prohibition, Art. IX §1a Legislative session, Art. IV §10a, Art. X-A §1 et seq. Ports, transportation line debt, Art. XI §9 Seismic rehabilitation, see SEISMIC REHABILI- Precincts TATION, generally Officers, Art. VI §7, §9 Place of voting, Art. II §17 EMIGRATION Preferential voting, Art. II §16 Art. I §30 Presidential, voter residence, Art. II §2 Right, Proportional representation, authorized, Art. II §16 EMINENT DOMAIN Qualifications of voters, generally, Art. II §2 See CONDEMNATION, generally Recall, Art. II §18 Referendum, see INITIATIVE AND REFEREN- DUM, generally ENERGY Registration of voters, Art. II §2, §14, §16 Small scale local energy loans, see LOANS Regulating and conducting, Art. II §8 Residence of voters (Generally), Art. II §2 EQUAL PROTECTION OF LAWS Gain or loss, Art. II §4, §5 (Generally), Art. I §20 Institution inmates, Art. II §4 Sex of person, Art. I §46 Place of voting, Art. II §17 Presidential voting, Art. II §2 ERRORS Service members, Art. II §4, §5 Disregard on appeal, Art. VII (Am) §3 Students, Art. II §4 Reward to procure election, Art. II §7 Road supervisors, special Acts forbidden, ESCHEATS Art. IV §23 Common School Fund, proceeds to, Art. VIII §2

Oregon Constitution 84 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

EX POST FACTO LAWS GAS AND GASOLINE Prohibited, Art. I §21 Taxation, see TAXATION

EXECUTIVE BRANCH GIFTS Established, Art. III §1 Oregon, to, Art. VIII §2, Art. XI §6 Records, official acts, kept by Secretary of State, Art. VI §2 GOVERNMENT Separation from other branches, Art. III §1 (Generally), Art. I §1 Legislative powers, generally, Art. IV §1, §17 FEES Military, subordinate to civil power, Art. I §27 Organization, original, Art. XVIII §5, §6, §7, §8, §11

County courts, expense reimbursement, Separation of powers, Art. III §1 Art. VII (Orig) §14 Transfer of real property, prohibition, Art. IX §15 GOVERNOR Adjutant General, appointment, Art. X §3 FINES Appointments Excessive prohibited, Art. I §16 Home Care Commission, Art. XV §11 Remission, Art. V §14 Lottery commission and director, Art. XV §4 Military, Art. X §3 State public office, Senate confirmation, Art. III §4 FIREARMS Vacancies in office, certain, Art. V §16, Bearing, right, Art. I §27 Art. VII (Orig) §4 Bills, signing, Art. IV §22, Art. V §15b FISH AND WILDLIFE Catastrophic disasters, see EMERGENCIES AND DISASTERS

Fish protection, Water Development Fund, use, Disability, succession, Art. V §8a Art. XI-I(1) §1 Duties and powers Lottery proceeds, use, Art. XV §4, §4b, §4c (Generally), Art. V §1 Appointments, see Appointments, this topic FLOODS Catastrophic disasters, see EMERGENCIES AND DISASTERS , generally See EMERGENCIES AND DISASTERS Commander in chief, Art. V §9, Art. X §3 Commissions, Art. V §18 FORESTS AND FORESTRY Commutations, Art. V §14 Reforestation bonds, Art. XI-E §1 Constitutional amendment, revision, Art. XVII §1, §2 State timber, processing in Oregon, Art. VIII §7 Convening legislature, Art. V §12, Art. X-A §1 District attorneys, removal, Art. VII (Orig) §20 FORFEITURES Fines and forfeitures, Art. V §14 Asset Forfeiture Oversight Advisory Committee, Insurrection, invasion, Art. V §9 Art. XV §10 Law enforcement, Art. V §9, §10 Conviction requirements, civil forfeiture, Legislation, Art. V §15b Art. XV §10 Legislature, Art. V §11, §12, §14, §17, Art. X-A §1 Military, Art. V §9, §13, Art. X §3 Estate, crime conviction, prohibited, Art. I §25 Pardons and reprieves, Art. V §14 Oregon Property Protection Act of 2000, Records, Art. VI §5 Art. XV §10 Separation from legislative and judicial, Art. III §1 Remission, Art. V §14 State business, Art. V §13 State lands, Art. VIII §5 FRAUD Supreme Court, Art. VII (Orig) §4, §20 Treason, Art. V §14 Debt, imprisonment, Art. I §19 Veto, see VETO, generally Election FREEDOM OF RELIGION Contested, Art. V §6 See RELIGION, generally Plurality, necessity, Art. V §5 Returns, publication of, Art. V §4 Tie vote, selection of, Art. V §5 FREEDOM OF SPEECH AND PRESS Time, place, Art. V §4 (Generally), Art. I §8 Vacancy, filling, Art. V §8a Eligibility and qualifications Age, citizenship and residence, Art. V §2 FUEL TAXES Public officials, Art. V §3 See TAXATION Successor, age, Art. V §2 Terms in office, Art. V §1 Initiative and referendum, Art. IV §1, Art. XVII §1, GAMBLING §2 Bingo or lotto, charitable, etc., organizations, Judges and justices, Art. V §16, Art. VII (Orig) §4, Art. XV §4 §20 Casinos, prohibited, Art. XV §4 Message to legislature, Art. V §11, §12 Lotteries, see LOTTERIES, generally Removal, resignation, Art. V §8a Prohibited, Art. XV §4 Reports to, state agencies, Art. V §13

Oregon Constitution 85 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

Special legislative sessions, calling, Art. V §12, Revenue sources, Art. XI-I(2) §2 Art. X-A §1 State credit, lending, Art. XI-I(2) §1 Succession to office, Art. V §8a Superintendent of Public Instruction, Art. VIII §1 Term of office, Art. V §1, §7, §8a HUSBAND AND WIFE Vacancies in legislature, calling elections, See also MARRIAGE Art. V §17 Property of wife, Art. XV §5 Vacancy in governorship, filling, Art. V §8a Veterans’ loans, Art. XI-A §3 Veto, see VETO, generally HYDROELECTRICITY GRAND JURY See ELECTRIC POWER, generally (Generally), Art. VII (Am) §5 Juror ineligibility, prior conviction, Art. I §45 IDAHO, STATE OF Special, local Acts forbidden, Art. IV §23 Rivers, transportation lines on, aid, Art. XI §9 GUARDIAN AND WARD IMMUNITIES Realty sales, special, local legislation, Art. IV §23 See PRIVILEGES AND IMMUNITIES, generally HABEAS CORPUS IMPEACHMENT Jurisdiction, Art. VII (Am) §2, Art. VII (Orig) §13 Suspension, validity, Art. I §23 Public officers, prohibited, Art. VII (Am) §6, Art. VII (Orig) §19 HANDICAPPED PERSONS See DISABILITIES, PERSONS WITH, generally IMPRISONMENT Debt, fraud or flight, Art. I §19 HEAD TAX Prohibited, Art. IX §1a INCOME TAX See TAXATION, generally HEREDITARY DISTINCTIONS Prohibited, Art. I §29 INDICTMENT (Generally), Art. VII (Am) §5 Defendant’s right to copy, Art. I §11 HIGHER EDUCATION See EDUCATION INFORMATION Art. VII (Am) §5 HIGHWAYS AND ROADS (Generally), Condemnation for public use, Art. I §18 Debt limitation, state, Art. XI §7 INITIATIVE AND REFERENDUM Special or local Acts forbidden, Art. IV §23 (Generally), Art. IV §1 Supervisor, election or appointment, special Bond election suffrage restrictions, Art. II §2 laws, Art. IV §23 Campaign finance regulation, Art. II §8 Taxes, fuel and vehicle excise, use for construc- Constitutional amendments, revisions, Art. IV §1, tion, maintenance, etc., Art. IX §3a Art. XVII §1, §2 County home rule, Art. VI §10 HISTORIC PROPERTY District legislation, Art. IV §1 Effective date of measure, Art. IV §1 Lottery proceeds, use, Art. XV §4, §4a, §4c Local and municipal legislation, Art. IV §1 Metropolitan service districts, Art. XI §14 HOME CARE Municipal mergers, Art. XI §2a (Generally), Art. XV §11 Part of Act, referendum, Art. IV §1 Petitions HOME RULE (Generally), Art. IV §1 County home rule, Art. VI §10 Art. IV §1, Art. XI §2, §5 Cities, Signature gatherers, payment, Art. IV §1b Counties, Art. VI §10 Recall section, effect, Art. II §18 Districts, Art. IV §1 Sentences, initiative or referendum measures, reduction by legislature, Art. IV §33 HOUSE OF REPRESENTATIVES Single subject, constitutional amendments, See LEGISLATURE, generally Art. IV §1 Supermajority vote, measures stipulating, supermajority required to adopt, Art. II §23 HOUSING Taxation, Art. II §2, Art. IX §1, §1a Affordable housing, bonded indebtedness, Veto excluded, Art. IV §1 municipalities, Art. XI §9 Multifamily housing, elderly and disabled persons INJUNCTIONS Bonds, generally, Art. XI-I(2) §3 Preliminary, county judges may issue, Legislation to effectuate, Art. XI-I(2) §4 Art. VII (Orig) §13

Oregon Constitution 86 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

INMATES Duties and powers, criminal cases, Art. I §16 See PRISONERS, generally Fact determination, reexamination, Art. VII (Am) §3 Grand jury, Art. IV §23, Art. VII (Am) §5 INSANE PERSONS Number of jurors, Art. VII (Am) §9 Voting rights, incompetency adjudication, effect, Number to concur Art. II §3 Civil cases, Art. VII (Am) §5 Criminal cases, Art. I §11 INSURRECTION Death penalty, Art. I §40 Habeas corpus, suspension, Art. I §23 Murder, Art. I §11 Suppression, Art. V §9, Art. XI §7, §8 Qualifications, Art. VII (Am) §5 Treason, Art. I §24 Religious beliefs, Art. I §6 Right to trial by Civil cases, Art. I §17, Art. VII (Am) §3 INTEREST Criminal cases, Art. I §11 Common School Fund investment, Art. VIII §2 Selecting, Art. VII (Am) §5 Special or local statutes forbidden, Art. IV §23 Service, ineligibility, Art. I §45 Size of jury, Art. VII (Am) §9 INTERSTATE COMPACTS Special, local Acts forbidden, Art. IV §23 Boundaries, state, modifying, Art. XVI §1 Trial by, Art. I §11, §16, §17, Art. VII (Am) §3 Verdicts, Art. I §11, Art. VII (Am) §5 Waiver, criminal cases, Art. I §11 INTOXICATING LIQUORS Liquor by the drink, Art. I §39 Municipal control, Art. I §39, Art. XI §2 JURISDICTION (Generally), Art. VII (Am) §2, §2b, Art. VII (Orig) §1 Circuit courts, generally, Art. VII (Orig) §1, §9 INVASION County courts, generally, Art. VII (Orig) §1, §12, Habeas corpus, suspension, Art. I §23 §13 Repelling, Art. V §9, Art. XI §7, §8 Habeas corpus, Art. VII (Am) §2, Art. VII (Orig) §13 Injunctions, Art. VII (Orig) §13 INVESTMENTS Justices of the peace and constables, special Art. IV §23 Common School Fund, unexpended moneys, laws, Art. VIII §2 Legislative reapportionment, Art. IV §6 Mandamus, Art. VII (Am) §2 Probate, county courts, Art. VII (Orig) §12 INVOLUNTARY SERVITUDE Quo warranto, Art. VII (Am) §2 (Generally), Art. I §18, §34 Supreme Court, Art. VII (Am) §2, Art. VII (Orig) §1, §6 JEOPARDY, DOUBLE Writs, Art. VII (Orig) §13 Prohibited, Art. I §12 JUSTICE JOINT STOCK COMPANIES Administration of, generally, Art. I §10 Municipalities, holding stock or aiding prohibited, Art. XI §9 JUSTICES OF PEACE Stockholders’ liability, Art. XI §3 See also COURTS AND JUDGES (Generally), Art. VII (Orig) §1 JUDGES County home rule, effect, Art. VI §10 See COURTS AND JUDGES, generally Special, local laws, Art. IV §23, Art. VII (Am) §2b

JUDGMENTS JUVENILE COURTS AND Appeal, on, Art. VII (Am) §3 PROCEEDINGS Victims’ rights, Art. I §42, §43 JUDICIAL BRANCH See also COURTS AND JUDGES KICKER REFUND Amendment of Constitution 1910, effect, (Generally), Art. IX §14 Art. VII (Am) §2 Catastrophic disasters, use, Art. X-A §4 Established, Art. III §1 Judicial power vested, Art. VII (Am) §1, Art. VII (Orig) §1 LAW Separation from other branches, Art. III §1 Plain wording, Acts and joint resolutions, Art. IV §21 Statutes, see STATUTES, generally JURIES AND JURORS Suspension of laws, Art. I §22 Aggravated murder, death penalty, Art. I §40 Amount (value) in controversy, jury trial right, Art. VII (Am) §3 LEASING Convicts, certain, ineligibility, Art. I §45 Real property by state, debt limit exemption, Criminal proceedings, Art. I §11 Art. XI §7

Oregon Constitution 87 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

LEGISLATURE Contempt, nonmembers, Art. IV §16 Adjournment, Art. IV §11, §12, §13 Deliberations, open, Art. IV §14 Amendments Disrupting or interfering, punishment, Bills, Art. IV §18, §20, §22 Art. IV §15, §16 Constitution, Art. XVII §1, §2 District attorneys, removal, Art. VII (Orig) §20 Applying to, by inhabitants, Art. I §26 Districts, Art. IV §3, §6, §7, §8, Art. XVIII §5 Appointments Duties and powers, generally, Art. III §1, Recess, vacancies in appointive offices, Art. V §16 Art. IV §1, §17, Art. V §5, §6 Senate confirmation, see Senate, this topic Education districts, bonds, legislation, Art. XI- Apportionment, Art. IV §6, §7, Art. XVIII §5 K §6, Art. XI-P §6 Appropriations, see APPROPRIATIONS, generally Education system, Art. VIII §3 Attendance, see Members, this topic Elections, see ELECTIONS Balanced budget requirement, Art. IX §2, §6 Emergency Committee (Board), powers and Banks, legislative formation prohibited, Art. XI §1 duties, Art. III §3 Bills Emergency measures Amendment, Art. IV §18, §20, §22 Catastrophic disasters, Art. X-A §3 Campaign finance regulation, Art. II §8 Effect of declaration, Art. IV §28 Catastrophic disasters, Art. X-A §3, §4, §6 Interim committee, Art. III §3 Conflicting amendments, Art. IV §22 Procedure, Art. IV §19 Criminal sentence reduction, two-thirds vote, Prohibited for taxation, Art. IX §1a Art. IV §33 Referendum, Art. IV §1 Education stability fund, removing moneys from, Veto, Art. V §15a three-fifths vote, Art. XV §4 Emergency session, Art. IV §10a, Art. X-A §1 et seq. Effective dates, Art. IV §28 Emigration laws, Art. I §30 Emergency measures, see Emergency measures, Governor this topic Appointments, Senate confirmation, see Senate, Local government mandates, funding, three-fifths this topic vote, Art. XI §15 Catastrophic disasters, convening legislature, Majority to pass Art. X-A §1 (Generally), Art. IV §25 Election, Art. V §5, §6 Supermajority requirements Message, Art. V §11, §12 Catastrophic disasters, Art. X-A §3, §4 Pardons, commutations, and reprieves, Art. V §14 Criminal sentence reduction, two-thirds vote, Recommending measures, Art. V §11 Art. IV §33 Signing legislation, Art. IV §22, Art. V §15b Education stability fund, removing moneys Higher education buildings, bonds, Art. XI-F(1), from, three-fifths vote, Art. XV §4 Art. XI-G Local government mandates, funding, three- House of Representatives fifths vote, Art. XI §15 Districts, Art. IV §3, §6, §7, §8, Art. XVIII §5 Raising revenue, three-fifths vote, Members, see Members, this topic Art. IV §25 Revenue bills, originating, Art. IV §18 Referred measures, supermajority of votes Speaker stipulated, Art. II §23 Choosing, Art. IV §11 Revenue estimates, emergency increase for Governorship, succession to, Art. V §8a kicker purposes, two-thirds vote, Gubernatorial election returns, Art. V §4 Art. IX §14 Term of office, Art. IV §4, Art. XV §1 Originating legislation, Art. IV §18 Houses of, Art. IV §1 Reading, Art. IV §19 Journal, Art. IV §13, §26, Art. XVII §1, §2 Rejection, Art. IV §18 Judges, retirement, Art. VII (Am) §1a Revenue estimates, emergency increase for kicker Jurisdiction, state extension, seaward, Art. XVI purposes, two-thirds vote, Art. IX §14 Liquor by the glass legislation, Art. I §39 Revenue raising Local Acts, see STATUTES Catastrophic disasters, Art. X-A §3 Lottery proceeds, agencies receiving, reports, Majority vote, three-fifths, necessity, Art. IV §25 Art. XV §4c Origination, House of Representatives, Lucrative offices, two prohibited, Art. II §10 Art. IV §18 Majority vote, necessity, Art. IV §25 Revision, Art. IV §22 Mandated activities, local governments, funding, Signing, Art. IV §22, §25, Art. V §15b Art. XI §15 Subject, single, Art. IV §20 Members Title, Art. IV §20 Apportionment, Art. IV §6, §7, Art. XVIII §5 Veto, Art. IV §1, Art. V §15a, §15b Arrest, immunity, Art. IV §9 Voting on, Art. IV §19 Attendance Wording, plain, Art. IV §21 Catastrophic disasters, Art. X-A §3, §5 Boundaries, state, extension, seaward, Art. XVI Compelling, Art. IV §12 Budgetary control, Art. III §2, §3, Art. IX §2, §6 Claims against state, not to act in, Art. XV §7 Campaign finance regulation, Art. II §8 Compensation, Art. IV §12, §29 Casinos, prohibition, Art. XV §4 Conviction of felony, office, eligibility and vacation, Catastrophic disasters, see EMERGENCIES AND Art. IV §8 DISASTERS Dual office holding, Art. II §10, Art. III §1, Charters, municipal, Art. XI §2, §5 Art. IV §30, Art. XV §8 Claims against state, general laws authorized, Elections, see ELECTIONS Art. IV §24 Eligibility to other office, Art. IV §30 Committee meetings, open deliberations, Expulsion, Art. IV §15 Art. IV §14 Higher education employees as, Art. XV §8

Oregon Constitution 88 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

Immunities, Art. IV §9 Open, Art. IV §14 Inhabitancy of district, Art. IV §3, §8 Organizational, Art. IV §10 Lucrative offices, dual holding, Art. II §10 Special, convening, Art. V §12, Art. X-A §1 Number, Art. IV §2 Small scale local energy loans, funding, legisla- Oaths, Art. IV §31, Art. XV §3 tion, Art. XI-J §4, §5 Protest, Art. IV §26 Special Acts, see STATUTES Punishment, Art. IV §15 State boundaries, jurisdiction, extension, sea- Qualifications, Art. II §10, Art. IV §3, §8, §11 ward, Art. XVI School board members, employees as, Art. XV §8 Statutes, see STATUTES, generally Stationery contracts, noninterest, Art. IX §8 Subject, single, of Act, Art. IV §20 Teachers as, Art. XV §8 Superintendent of Public Instruction, Art. VIII §1 Terms of office, Art. IV §4, §6, Art. V §1 Supermajority requirements, see Bills, this topic Vacancies in office, Art. IV §3, §8, Art. V §17 Supreme Court judge, removal, Art. VII (Orig) §20 Militia, Art. X §1 Suspension of laws, Art. I §22 Multifamily housing for elderly and disabled, leg- Taxation, see TAXATION, generally islation, enactment, Art. XI-I(2) §4 Terms of members, Art. IV §4, §6, Art. XV §1 Office created by, maximum tenure, Art. XV §2 Title and scope of Acts, Art. IV §20 Officers, choosing, Art. IV §11 Treason, powers after sentence suspension, Open deliberations, Art. IV §14 Art. V §14 Order, maintaining, Art. IV §15, §16 Vacancies in membership, Art. IV §3, §8, Art. V §17 Oregon Health and Science University, financing Vacancies in office, recess appointments by Gov- capital costs, Art. XI-L §2, §4 ernor, Art. V §16 Pension liabilities, state, financing, legislation to Veto of legislation, Art. IV §1, Art. V §15a, §15b effectuate, Art. XI-O §3 Voting, Art. II §15, Art. IV §13, §19, §25 Petitioning and instructing, Art. I §26 Water development projects, legislation, enact- Pollution control facility funding, Art. XI-H §4, §6 ment, Art. XI-I(1) §5 Protest of members, Art. IV §26 Water power development, legislation, Art. XI- Punishment D §3 Members, Art. IV §15 Nonmembers, Art. IV §16 Quorum, Art. IV §12, Art. X-A §3 LIBEL AND SLANDER Real or personal property, state bonds, legisla- Legislator’s immunity, Art. IV §9 tion, Art. XI-Q §3 Recall legislation, Art. II §18 LOANS Records, Art. VI §2 Municipalities by, Art. XI §5, §9 Reforestation bonds, Art. XI-E §1 Small scale local energy Religious services, appropriations prohibited, Bonds Art. I §5 (Generally), Art. XI-J §2 Resolutions Legislation effectuating, Art. XI-J §5 Signing, Art. IV §25 Refunding, Art. XI-J §3 Voting on, Art. IV §19, §25 Taxation, valorem, payment of principal and Wording, Art. IV §21 interest, Art. XI-J §4 Revenue bills, see Bills, this topic State credit, use for financing, Art. XI-J §1 Revision of constitution, proposing, Art. XVII §2 State, see STATE FINANCE Rule adoption, open deliberations, implementa- Veterans, Art. XI-A §1, §2, §3, §4, §5 tion, Art. IV §14 Rules of proceedings, Art. IV §11 Salaries and compensation, Art. IV §12, §29 LOCAL GOVERNMENTS Secretary of State See also COUNTIES; DISTRICTS; MUNICIPALI- Reapportionment draft, Art. IV §6 TIES Recording official legislative acts, Art. VI §2 Mandated activities, funding, Art. XI §15 Seismic rehabilitation Emergency services buildings, Art. XI-N §2, §4 Public education buildings, Art. XI-M §2, §4 LOCAL OPTION Senate (Generally), Art. I §21 Confirmation of appointments Alcoholic beverages, Art. I §39, Art. XI §2 (Generally), Art. III §4 Home Care Commission, Art. XV §11 LOCAL OPTION TAX Lottery Commission, Oregon State, Art. XV §4 Limitations, generally, Art. XI §11 et seq. Districts, Art. IV §3, §6, §7, §8, Art. XVIII §5 Members, see Members, this topic President of Senate LOTTERIES Choosing, Art. IV §11 Bingo or lotto, charitable, etc., organizations, Succession to governorship, Art. V §8a Art. XV §4 Term of office, Art. IV §4, §6, Art. XV §1 Prohibited, Art. XV §4 Sentences, initiative measures, reduction, State Lottery Art. IV §33 (Generally), Art. XV §4 Separation from other branches, Art. III §1 Audits, state agencies receiving proceeds, Sessions Art. XV §4c (Generally), Art. IV §10 Commission and director, Art. XV §4 Catastrophic disasters, see EMERGENCIES AND Proceeds, use DISASTERS (Generally), Art. XV §4 Emergency, Art. IV §10a, Art. X-A §1 et seq. Catastrophic disasters, Art. X-A §2, §4

Oregon Constitution 89 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

Education, Art. XV §4 Metropolitan service districts, Art. XI §14 Parks and natural resources, Art. XV §4, §4a, Restrictions, Art. XI §5 §4b, §4c Surrender, merger, Art. XI §2a Veterans, Art. XV §4f Condemnation, Art. I §18, Art. XI §4 Consolidation with county government, MANDAMUS Art. XI §2a Contracts, charter restrictions, Art. XI §5 Jurisdiction, original, Supreme Court, Art. VII (Am) §2 Corporations, aiding or holding stock, Art. XI §9 Victims’ rights, Art. I §42, §43 Debt Affordable housing, Art. XI §9 Assumption by state, Art. XI §8 MANDATES Limitations, Art. XI §5, §9, §11 et seq. Local governments, funding, Art. XI §15 Pollution control facilities, Art. XI-H §1 Elections, Art. I §21, §39, Art. II §8, §14a, Art. IV §1, MARRIAGE Art. VI §1, §7, Art. XI §2a Employees, see Officers and employees, this topic See also HUSBAND AND WIFE Home rule, Art. IV §1, Art. XI §2, §5 Divorce, special or local statutes forbidden, Art. IV §23 Incorporation, Art. XI §2, §5 State policy, one man and one woman, Art. XV §5a Intoxicating liquors, Art. I §39, Art. XI §2 Loaning credit, Art. XI §5, §9 Local option, Art. I §39, Art. XI §2, §5 MENTAL ILLNESS OR DISABILITY Mandated activities, funding, Art. XI §15 Voting rights, Art. II §3 Merger authorized, Art. XI §2a Officers and employees METROPOLITAN SERVICE DISTRICTS See also PUBLIC OFFICERS AND EMPLOY- EES Charters, Art. XI §14 Consolidated city, county governments, Art. XI §2a Defeated incumbents, term, Art. XV §1 MILITARY Duties, Art. VI §8 Militia, see MILITIA, generally Election, appointment, Art. VI §7 Quartering soldiers, Art. I §28 Offices, location, Art. VI §8 Subordinate to civil power, Art. I §27 Vacancies in office, Art. VI §9, Art. XV §9 Voting residence, Art. II §4, §5 Ordinances (Generally), Art. I §21 MILITIA Campaign finance regulation, Art. II §8 Art. XI-H §1, (Generally), Art. X §1 Pollution control facility financing, §2, §3, §4, §5, §6 Adjutant General, appointment, Art. X §3 Art. XI §9 Arms, bearing for defense, Art. I §27 Ports, transportation lines, Commander, Governor as, Art. V §9, Art. X §3 Stock in corporations, prohibition, Art. XI §9 Conscientious objectors, Art. X §2 Taxation, Art. IX §1c, Art. XI §5, §11 et seq. Judges, employment by Oregon National Guard, Transportation system employes, Art. XI §13 Art. XV §8 Officers, Art. II §10, Art. X §3 MURDER

Organization, maintenance and discipline, Aggravated, penalty, Art. I §40 Art. X §1 Bail, Art. I §14, §43 Quartering soldiers, Art. I §28 Verdict, jurors, unanimous, Art. I §11 Reports to Governor, Art. V §13 Service on election day, Art. II §13 Subordinate to civil power, Art. I §27 NATIONAL GUARD See MILITIA, generally MINORS Juvenile courts, victims’ rights, Art. I §42, §43 NATURAL GAS Realty sales, special, local legislation, Art. IV §23 Taxation, see TAXATION

MONEY NOBILITY Art. XI §1 Banks issuing, prohibited, Titles, prohibited, Art. I §29

MOTOR VEHICLES OATHS AND AFFIRMATIONS Taxes, see TAXATION Administration, method, Art. I §7 Legislators, Art. IV §31, Art. XV §3 MUNICIPAL COURTS Public officers, Art. XV §3 See also COURTS AND JUDGES Supreme Court Judges, Art. VII (Am) §7, Authorization for, Art. VII (Orig) §1 Art. VII (Orig) §21 Warrants, supporting, Art. I §9 MUNICIPALITIES Campaign finance regulation, Art. II §8 OCEAN Charters Shore and beaches, lottery proceeds, use, (Generally), Art. XI §2 Art. XV §4, §4a, §4c

Oregon Constitution 90 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

OIL AND GAS POLITICAL CONTRIBUTIONS AND Taxation, see TAXATION EXPENDITURES (Generally), Art. II §8, §22 OREGON HEALTH AND SCIENCE UNIVERSITY POLL TAX Financing capital costs Prohibited, Art. IX §1a Bonds, Art. XI-L §1, §3 Conflicting provisions, Art. XI-L §5 POLLUTION CONTROL Legislation to effectuate, Art. XI-L §4 Facilities, financing, Art. XI-H Sources of repayment, Art. XI-L §2 State credit, lending, Art. XI-L §1 PORTS Art. XI §9 OREGON, STATE OF Water transportation lines, See STATE OF OREGON, generally POWER Inherent power in people, Art. I §1 PARDONS, COMMUTATIONS AND REPRIEVES PRESS Governor’s power, Art. V §14 Freedom of, Art. I §8 Treason, Art. V §14 PRISONERS PARKS AND NATURAL RESOURCES Cruel and unusual punishment, Art. I §13, §16 FUND Involuntary servitude, Art. I §34 (Generally), Art. XV §4, §4a, §4b, §4c Treatment, Art. I §13 Voting restrictions, Art. II §3 PARKS AND RECREATIONAL AREAS Work and on-job training, Art. I §41 Lottery proceeds, use, Art. XV §4, §4a, §4b, §4c Vehicle fuel or excise taxes, use, Art. IX §3a PRIVILEGED COMMUNICATIONS Legislators, Art. IV §9 PENALTIES Aggravated murder, Art. I §40 PRIVILEGES AND IMMUNITIES Increase on appeal prohibited, Art. VII (Am) §3 Equality of, Art. I §20 Proportional to offense, Art. I §16 Legislators, arrest, civil process, libel, slander, Art. IV §9 Voters, Art. II §13 PENSIONS AND RETIREMENT Liabilities of state, financing PROCESS Conflicting provisions, superseding, Art. XI-O §4 Art. I §11 Legislation to effectuate, Art. XI-O §3 Criminal cases, Legislators, immunity, Art. IV §9 Refunding obligations, Art. XI-O §2 State credit, lending, Art. XI-O §1 Public employees PROPERTY Contributions, Art. IX §10 Forfeiture, see FORFEITURES, generally Judges, Art. VII (Am) §1a Real property, see REAL PROPERTY, generally Plan rate of return, contract guarantee prohibited, Art. IX §11 PROPORTIONAL REPRESENTATION Severability, retirement plan restrictions, Art. II §16 Art. IX §13 Authorized, Sick leave, increasing benefits, Art. IX §12 Transportation systems, protecting interests, PUBLIC CORPORATIONS Art. XI §13 See MUNICIPALITIES, generally Tax exemption, certain benefits, Art. IX §9 PUBLIC HEALTH PEOPLE Emergencies, see EMERGENCIES AND DISAS- Inherent power in, Art. I §1 TERS, generally Rights of, see CIVIL RIGHTS, generally PUBLIC OFFICERS AND EMPLOYEES PEOPLE’S UTILITY DISTRICTS See also COUNTIES; MUNICIPALITIES (Generally), Art. XI §12 Appointments, Governor, Senate confirmation, Art. III §4 Claims against state, not to act in, Art. XV §7 PETITIONS Commissions, Governor to issue, Art. V §18 County home rule, Art. VI §10 Dismissal trial authorized, Art. VII (Am) §6, Initiative and referendum, see INITIATIVE AND Art. VII (Orig) §19 REFERENDUM Disqualification Recall, Art. II §18 Dueling, Art. II §9

Oregon Constitution 91 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

Election offenses, Art. II §7 RAILROADS Lucrative office, dual holding, Art. II §10, Retirement benefits, federal, tax exempt, Art. IV §30 Art. IX §9 Public money, failure to account for, Art. II §11 District attorneys, Art. VII (Orig) §17, §20 Dual office holding, Art. II §10, Art. III §1, REAL PROPERTY Art. IV §30, Art. XV §8 Condemnation, Art. I §18 Election, see ELECTIONS, generally Forfeiture, see FORFEITURES, generally Injury to, remedies, Art. I §10 Governor, see GOVERNOR, generally Special, local Acts forbidden, Art. IV §23 Home care workers, Art. XV §11 State Art. VII (Am) §6, Impeachment prohibited, Bonds, see STATE FINANCE Art. VII (Orig) §19 Leasing by state, debt limit exemption, Art. XI §7 Judges, see COURTS AND JUDGES, generally State lands, see STATE LANDS, generally Legislators, see LEGISLATURE Taxation, see TAXATION, generally Lucrative offices, Art. II §10 Transfer taxes, fees, or assessments; prohibition, Malfeasance, Art. VII (Am) §6, Art. VII (Orig) §19 Art. IX §15 Oath, Art. XV §3 Pensions and retirement, see PENSIONS AND RECALL RETIREMENT Authorized, application, Art. II §18 Pro tem, Art. II §12 Recall, Art. II §18 Religious test for office barred, Art. I §4 RECREATIONAL AREAS Removal from office, Art. VII (Am) §6, See PARKS AND RECREATIONAL AREAS, gener- Art. VII (Orig) §19, §20 ally Resignation, Art. II §18 Secretary of State, see SECRETARY OF STATE, REFERENDUM generally See INITIATIVE AND REFERENDUM, generally State Printer, Art. XII §1 Stationery for state, interest in supplying, forbidden, Art. IX §8 RELIGION Superintendent of Public Instruction, Art. VIII §1 Appropriations, prohibited, Art. I §5 Term and tenure Conscientious objectors, militia service, Art. IX §9 (Generally), Art. II §14, Art. XV §1, §2 Freedom, generally, Art. I §2, §3, §4, §5, §6 Appointive officers, Art. XV §2 Juror’s beliefs, Art. I §6 County officers, Art. VI §6, Art. VII (Orig) §15, §16 Opinion, freedom of, Art. I §3 Defeated incumbents, Art. XV §1 Public office, religious test barred, Art. I §4 Witness’s beliefs, Art. I §6 Duration, Art. XV §2 Worship, freedom, Art. I §2 Judges, Art. VII (Am) §1, §1a Maximum, Art. XV §2 Pro tem not part of term, Art. II §12 REMEDIES Recall, effect, Art. II §18 (Generally), Art. I §10 Vacancies in office, Art. II §18, Art. V §8a, §16, Crime victims’ rights, Art. I §42, §43 Art. VI §9, Art. XV §9 Territorial, retained in office, Art. XVIII §8 RESIDENCE Transportation system employees, protecting Election campaign contributions, Art. II §22 interests, Art. XI §13 Legislators, districts, Art. IV §3, §8 Treasurer, State, see STATE TREASURER, gener- Veterans, loans, Art. XI-A §1, §3 ally Voters, see ELECTIONS Trial for incompetency, malfeasance, etc., Art. VII (Am) §6, Art. VII (Orig) §19 Vacancies in office, Art. II §18, Art. V §8a, §16, RESOLUTIONS Art. VI §9, Art. XV §9 Legislative, requirements, Art. IV §19, §21, §25

PUBLIC RECORDS RETIREMENT , generally County, keeping books, etc., Art. VII (Orig) §15 See PENSIONS AND RETIREMENT Secretary of State, official acts of government, Art. VI §2 REVENUE State, place of keeping, Art. VI §5 See also TAXATION Bills, origination, Art. IV §18 PUNISHMENT See SENTENCE AND PUNISHMENT, generally RIGHTS Civil rights and liberties, see CIVIL RIGHTS, generally QUO WARRANTO Crime victims, Art. I §42, §43 Jurisdiction, Art. VII (Am) §2 Enumerated rights not exclusive, Art. I §33

QUORUM ROADS Legislature, Art. IV §12, Art. X-A §3 See HIGHWAYS AND ROADS, generally

Oregon Constitution 92 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

SCHOOLS Court authority, Art. I §44 See EDUCATION, generally Death penalty, Art. I §40 Involuntary servitude, Art. I §34 Legislature SEAL OF THE STATE Initiative or referendum measure sentences, reduc- (Generally), Art. VI §3 tion, Art. IV §33 Commissions, Art. V §18 Members, Art. IV §15 Nonmembers, Art. IV §16 SEARCHES AND SEIZURES Setting aside, prohibitions, Art. I §44 Oregon Property Protection Act of 2000, Special laws, prohibited, Art. IV §23 Art. XV §10 Victims’ rights, Art. I §42 Restrictions, Art. I §9 SEPARATION OF POWERS SEAT OF GOVERNMENT (Generally), Art. III §1 See CAPITAL (CAPITOL), generally SEX DISCRIMINATION SECRETARY OF STATE Prohibited, Art. I §46 Duties and powers (Generally), Art. VI §2 SHERIFFS Audits of public accounts, Art. VI §2 Art. VI §8, Art. VII (Orig) §16 Commissions, Art. V §18 Duties and powers, Constitutional amendment, revision, Art. XVII §1, Election, Art. VI §6, Art. VII (Orig) §16 §2 Ministerial officer, courts, Art. VII (Orig) §16 Initiative, referendum petitions, Art. IV §1 Offices, qualifications, Art. VI §8 Legislative reapportionment, Art. IV §6 Terms, Art. VI §6, Art. VII (Orig) §16 Records, Art. VI §2, §5 Vacancies, filling, Art. V §16, Art. VI §9 Seal of state, Art. VI §3 State lands, Art. VIII §5 SHIPS Election, Art. VI §1 Tax exemption until 1935, Art. IX §1b Governorship, succession to, Art. V §8a Records Executive and legislative, Art. VI §2 SLANDER Place of keeping, Art. VI §5 Legislator immunity, Art. IV §9 Supreme Court decisions filed with, Art. VII (Am) §4, Art. VII (Orig) §7 Term, Art. VI §1 SLAVERY Vacancies, filling, Art. V §8a, §16 Election, Art. XVIII §2, §4 Vetoed legislation, Art. V §15b Prohibited, Art. I §34 Service without compensation, demand prohib- SEISMIC REHABILITATION ited, Art. I §18 Emergency services buildings Bonds, Art. XI-N §1, §3 SMALL SCALE LOCAL ENERGY LOANS Conflicting provisions, Art. XI-N §5 See LOANS Legislation to effectuate, Art. XI-N §4 Sources of repayment, Art. XI-N §2 State credit, lending, Art. XI-N §1 SOCIAL SECURITY Public education buildings Benefits, tax exempt, Art. IX §9 Bonds, Art. XI-M §1, §3 Conflicting provisions, Art. XI-M §5 SOLDIERS AND SAILORS Legislation to effectuate, Art. XI-M §4 , generally Sources of repayment, Art. XI-M §2 See MILITARY State credit, lending, Art. XI-M §1 SPEECH SELF-INCRIMINATION Freedom of, Art. I §8 Privilege, against, Art. I §12 SPOUSES SENATE AND SENATORS See HUSBAND AND WIFE, generally State, see LEGISLATURE, generally United States STATE AGENCIES Election, original, Art. XVIII §6 Finance, see STATE FINANCE, generally Vacancy, filling, Art. V §16 Forfeiture proceedings, Art. XV §10 Leasing real property, Art. XI §7 SENIOR CITIZENS Lottery proceeds, audits and reports, Art. XV §4c Home Care Commission, Art. XV §11 Reports to Governor, Art. V §13 Multifamily housing for elderly, see HOUSING STATE CONTRACTS AND PURCHASING SENTENCE AND PUNISHMENT Leases, debt limit exemption, Art. XI §7 (Generally), Art. I §15, §16, §25, §34, Art. IV §23 Stationery, Art. IX §8

Oregon Constitution 93 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

STATE FINANCE Kicker, refund Appropriations, see APPROPRIATIONS, generally (Generally), Art. IX §14 Balanced budget requirement, Art. IX §2, §6 Catastrophic disasters, use, Art. X-A §4 Art. XI §7 Bonds Leasing real property, Education Loans Districts (Generally), Art. XI §7 Capital costs, Art. XI-P Catastrophic disasters, authority, Art. X-A §4 Education districts State guaranty, Art. XI-K Bonds, state guaranty, Art. XI-K §2 Higher education buildings, Art. XI-F(1), Capital costs, Art. XI-P Art. XI-G Higher education buildings, Art. XI-F(1), Art. XI-G Oregon Health and Science University, Art. XI- Oregon Health and Science University, Art. XI-L §1 L §1, §3 Pension liabilities, state, financing, Art. XI-O §1 Multifamily housing for elderly and disabled, Pollution control, Art. XI-H §1, §3 Art. XI-I(2) §1, §2, §3, §4 Power development, Art. XI-D §2 Pension liabilities, financing, Art. XI-O §1 Real or personal property projects, state, Art. XI-Q Pollution control facilities, Art. XI-H §1, §2, §3, §4, Reforestation, Art. XI-E §1 §5, §6 Seismic rehabilitation Real or personal property projects, state, Art. XI- Emergency services buildings, Art. XI-N §1 Q §1, §2, §3, §4 Public education buildings, Art. XI-M §1 Reforestation, Art. XI-E §1 Veterans, Art. XI-A §1, §2, §3, §4, §5, §6, Art. XI- Seismic rehabilitation F(2) §1 Emergency services buildings, Art. XI-N §1, §3 Water development projects, Art. XI-I(1) §1 Public education buildings, Art. XI-M §1, §3 Water power development, Art. XI-D §2 Small scale local energy loans, see LOANS Lottery, see LOTTERIES Veterans, Art. XI-A §2, §4, §6, Art. XI-F(2) §1 Mandated activities, local governments, funding, Water development projects, Art. XI-I(1) §1, §2, §3, Art. XI §15 §4, §5 Multifamily housing for elderly and disabled, Budget Art. XI-I(2) Balanced budget requirement, Art. IX §2, §6 Pollution control facilities, Art. XI-H Control, Art. III §2, §3 Receipts and expenditures to be published with Emergency expenditures, Art. III session laws, Art. IX §5 Catastrophic disasters, see EMERGENCIES AND Revenue estimates, see Kicker, refund, this topic DISASTERS Revenue to be raised annually to pay expenses Common School Fund, Art. VIII §2, §4, §5 and interest, Art. IX §2 Corporations, investment in, Art. XI §6 Schools, see EDUCATION, generally Debt Small scale local energy loans, see LOANS Assumption, Art. XI §8 State lands, Art. VIII §5 Catastrophic disasters, authority, Art. X-A §4 Stock, corporate, state investment, Art. XI §6 Interest payment legislation, Art. IX §2 Suits against state, generally, Art. IV §24 Limitations Surplus revenues, disposition, see Kicker, refund, (Generally), Art. XI §7 this topic Education districts, bonds, Art. XI-K §2, Art. XI- Treasury payments, appropriation necessary, P §1 Art. IX §4 Higher education buildings, Art. XI-F(1) §1, §2, War veterans’ funds, see VETERANS Art. XI-G §1 Water development projects, Art. XI-I(1) Highways and roads, Art. XI §7 Water power development, Art. XI-D Leasing real property, Art. XI §7 Multifamily housing for elderly and disabled, Art. XI-I(2) §4 STATE HOUSE Oregon Health and Science University, Art. XI- See CAPITAL (CAPITOL), generally L §1 Pension liabilities, state, financing, Art. XI-O §1 STATE LAND BOARD Pollution control, Art. XI-H §1 Common School Fund, use for expenses, Power development, Art. XI-D §2 Art. VIII §2 Real or personal property projects, state, Art. XI- Members, functions, Art. VIII §2, §5 Q §2 Timber sales, when prohibited, Art. VIII §7 Reforestation bonds, Art. XI-E §1 Seismic rehabilitation Emergency services buildings, Art. XI-N §1 STATE LANDS Public education buildings, Art. XI-M §1 See also PARKS AND RECREATIONAL AREAS Small scale local energy loans, Art. XI-J §1 Management by State Land Board, Art. VIII §5, §7 Veterans’ loans and bonuses, Art. XI-A §1, Reforestation bonds, Art. XI-E §1 Art. XI-F(2) §1 School lands, Art. VIII §2, §4, §5 Water development projects, Art. XI-I(1) §1 Timber sales, when prohibited, Art. VIII §7 Deficiency of prior year in budget, Art. IX §6 Education, see EDUCATION, generally STATE LOTTERY Art. III §3 Emergency expenditures, See LOTTERIES Expenditures published with session laws, Art. IX §5 Higher education buildings and projects, Art. XI- STATE OF OREGON F(1), Art. XI-G Actions against, officers, legislators, not to act in, Highways and roads, debt limitation, Art. XI §7 Art. XV §7

Oregon Constitution 94 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

Boundaries, Art. XVI §1 STOCK AND STOCKHOLDERS Capital, see CAPITAL (CAPITOL), generally Counties, municipalities, Art. XI §9 Claims against, legislation to be general, Liability, corporations, joint stock companies, Art. IV §24 Art. XI §3 Finance, see STATE FINANCE, generally State, Art. XI §6 Gifts and bequests to, Art. VIII §2, Art. XI §6 Organization, original, Art. XVIII §5, §6, §7, §8, §9, §10, §11 STREETS Pension liabilities, financing, see PENSIONS See HIGHWAYS AND ROADS, generally AND RETIREMENT Pollution control facilities, agencies, financing, Art. XI-H §1, §3 SUBPOENAS Seal, see SEAL OF THE STATE, generally Criminal cases, Art. I §11 Stock of corporations, ownership, Art. XI §6 Treason against, Art. I §24 SUFFRAGE Water power, Art. XI-D (Generally), Art. II

STATE OFFICERS AND EMPLOYEES SUPERINTENDENT OF PUBLIC See PUBLIC OFFICERS AND EMPLOYEES, generally INSTRUCTION (Generally), Art. VIII §1 STATE PRINTER AND PRINTING SUPERMAJORITY REQUIREMENTS (Generally), Art. XII §1 Ballot measures that include supermajority requirement, Art. II §23 STATE TREASURER Legislature, see LEGISLATURE Duties and powers, Art. VI §4, §5, Art. VIII §5 Election, Art. VI §1 SUPREME COURT Governorship, succession to, Art. V §8a Records, place of keeping, Art. VI §5 See also COURTS AND JUDGES State lands, functions, Art. VIII §5 (Generally), Art. VII (Am) §1 Term, Art. VI §1 Appeals to, generally, Art. VII (Am) §3 Vacancies, filling, Art. V §8a, §16 Appointment of pro tem inferior court judges, Art. VII (Am) §2a Assignment of inferior court judges, STATIONERY Art. VII (Am) §2a State purchasing, Art. IX §8 Censure of judges, Art. VII (Am) §8 Chief Justice, Art. VII (Orig) §5 STATUTES Court of record, Art. VII (Orig) §1 Decisions, filing statement of, Art. VII (Am) §4, Amendment, Art. IV §20, §22 Art. VII (Orig) §7 Appropriations, see APPROPRIATIONS, generally Districts, Art. VII (Orig) §2 Campaign finance regulation, Art. II §8 Election of judges, Art. VII (Am) §1, Capital, locating, Art. I §21 Art. VII (Orig) §2, §4, §10 Claims against state, authorization for by gen- Jurisdiction, Art. VII (Am) §2, Art. VII (Orig) §1, §6 eral laws, Art. IV §24 Legislative reapportionment, Art. IV §6 Conflicting, resolution, Art. IV §22 Number of judges, Art. VII (Orig) §2 County seats, locating, Art. I §21 Oath of judges, Art. VII (Am) §7, Art. VII (Orig) §21 Effective Penalties, criminal, increase prohibited, Conditionally, validity, Art. I §21 Art. VII (Am) §3 Date, Art. IV §1, §28 Pro tem judges, Art. VII (Am) §1a, §2a Emergency, see LEGISLATURE Qualifications of judges, Art. VII (Orig) §2 Local Removal of judges, Art. VII (Am) §8, Campaign finance regulation, Art. II §8 Art. VII (Orig) §20 Corporations, Art. XI §1, §2 Residence of judges, Art. VII (Orig) §2 Courts, Art. IV §23, Art. VII (Am) §2b Retired judges, temporary service, Electorate approval, Art. I §21 Art. VII (Am) §1a, §2a Prohibition, enumerated cases, Art. IV §23 Salary and compensation, Art. VII (Am) §1 Pollution control facility financing, Art. XI-H §6 Suspension of judges, Art. VII (Am) §8 Public laws, Art. IV §27 Temporary judges, Art. VII (Am) §2a Revision, Art. IV §22 Terms Scope, Art. IV §1, §20, Art. IX §7 Court, Art. VII (Am) §4, Art. VII (Orig) §7 Session laws, including statement of receipts, Office, Art. VII (Am) §1, §1a, Art. VII (Orig) §3 expenditures, Art. IX §5 Vacancies, filling, Art. V §16, Art. VII (Orig) §4 Special (Generally), Art. I §21, Art. IV §23 Claims against state, Art. IV §24 TAXATION Corporations, Art. XI §1, §2 Assessment, Art. IX §1, Art. XI §11 et seq. Courts, Art. IV §23, Art. VII (Am) §2b Bills raising revenue Suspending, Art. I §22 Majority vote, three-fifths, necessity, Art. IV §25 Territorial retained, Art. XVIII §7 Origination, House of Representatives, Art. IV §18 Wording to be plain, Art. IV §21 Bonds, see BONDS

Oregon Constitution 95 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

Catastrophic disasters, legislative authority, Special or local laws prohibited, Art. IV §23 Art. X-A §3, §4 State house erection, Art. XIV §2 Cities, Art. IX §1c, Art. XI §5, §11 et seq. State, generally, Art. IX §2 Common School Fund, oil or natural gas taxes, Surplus revenue, disposition, see Kicker, refund, proceeds source, Art. VIII §2 this topic Consent, necessity, Art. I §32 Transfer of real property, prohibition, Art. IX §15 Counties, Art. VI §10, Art. XI §11 et seq. Uniformity, Art. I §32, Art. IX §1 Deficiency to be covered in ensuing year, Urban renewal projects, Art. IX §1c Art. IX §6 Vehicles, see Motor vehicle fuel and excise taxes, Districts, Art. XI §11 et seq., §12 use, this topic Education, see EDUCATION Veterans’ bonus, exemption, Art. XI-F(2) §7 Elections Veterans loans, tax levy, bond payments, Art. XI- (Generally), Art. XI §11 A §4 Majorities, Art. XI §11, §11k, §11L Voting restrictions, taxpayers, Art. II §2 Special taxes, voter qualifications, Art. II §2 Water development projects, revenue sources, Emergency declaration, prohibited, Art. IX §1a Art. XI-I(1) §4 Federal definition of income, use by state, Art. IV §32 Fuel taxes, use TERRITORIAL GOVERNMENT (Generally), Art. IX §3a Crimes against, Art. XVIII §9 Catastrophic disasters, Art. X-A §4 Laws continued in force, Art. XVIII §7 General laws only, Art. IX §1 Officers, continuing in office, Art. XVIII §8 Head tax prohibited, Art. IX §1a Rights and liabilities retained, Art. XVIII §10 Higher education buildings, bonds, Art. XI-F(1) §3, Art. XI-G §3 Highway maintenance, construction, etc., use, TERRORISM fuel and vehicle excise taxes, Art. IX §3a Catastrophic disasters, see EMERGENCIES AND Income, federal definition, Art. IV §32 DISASTERS Kicker, refund (Generally), Art. IX §14 TIMBER AND LUMBER Catastrophic disasters, use, Art. X-A §4 See FORESTS AND FORESTRY, generally Legislature, generally, Art. I §32, Art. IV §18, Art. IX §1, §3, §6 Levy, accordance with law, Art. IX §3 TITLES Limitations Acts, Art. IV §20 (Generally), Art. XI §11 et seq. Nobility, prohibited, Art. I §29 Assessed value limit, Art. XI §11 Capital costs exemption, bonds, Art. XI §11L Categorical limits, Art. XI §11b, §11c, §11d, §11e TRANSPORTATION Permanent rate limit, Art. XI §11 Condemnation, in aid of, Art. I §18 Schools, see EDUCATION Public system, transfer, protecting employee Local Acts excluded, Art. IV §23 interests, Art. XI §13 Local option tax, Art. XI §11 et seq. Water Motor vehicle fuel and excise taxes, use Condemnation authorized, Art. I §18 (Generally), Art. IX §3a Routes, aid in establishing, Art. XI §9 Catastrophic disasters, Art. X-A §4 Municipalities, Art. IX §1c, Art. XI §5, §11 et seq. TREASON Oil or natural gas Common School Fund, proceeds source, Art. VIII §2 Bail, Art. I §14, §43 Rate, Art. IX §3b Defined, Art. I §24 Oregon Health and Science University, financing Pardons, commutations, and reprieves, Art. V §14 capital costs, Art. XI-L §1, §2 Proof, Art. I §24 Parks and recreational areas, vehicle excise and fuel taxes, use, Art. IX §3a TREASURER, STATE Art. XI-O §1 Pension liabilities, state, financing, See STATE TREASURER, generally Poll tax prohibited, Art. IX §1a Pollution control facility bonds, repayment, Art. XI-H §4 TRIALS Purpose, distinct statements, law imposing, (Generally), Art. I §10 Art. IX §3 Fact determination, Art. I §16, Art. VII (Am) §3 Redevelopment projects, Art. IX §1c Juries and jurors, see JURIES AND JURORS, gen- Reforestation bonds, tax levy, Art. XI-E §1 erally Retirement benefits, certain, exempt, Art. IX §9 Law determination, Art. I §16 Schools and school districts, see EDUCATION New trial, Art. I §16 Seismic rehabilitation bonds Public, Art. I §10, §11 Emergency services buildings, Art. XI-N §1, §2 Public officers, incompetency or malfeasance, Public education buildings, Art. XI-M §1, §2 Art. VII (Am) §6, Art. VII (Orig) §19 Ships, exemption until 1935, Art. IX §1b Trial by court, Art. I §11 Small scale local energy loan bonds, use, ad valorem taxes, Art. XI-J §4 Social Security benefits, income tax exemption, TRUSTS Art. IX §9 Realty sales, special, local legislation, Art. IV §23

Oregon Constitution 96 (2020 Edition) INDEX TO CONSTITUTION OF OREGON

TSUNAMIS Director of Veterans’ Affairs See EMERGENCIES AND DISASTERS, generally Bonus, Art. XI-F(2) §8, §9, §10 Duties, services to veterans and dependents, appropriation, Art. XI-A §1 UNITED STATES Disabled, bonus, Art. XI-F(2) §3 Electric power, cooperation respecting, Art. XI- Loans, Art. XI-A §1, §2, §3, §4, §5 D §2 Lottery proceeds, veterans’ services fund, Senators, see SENATE AND SENATORS Art. XV §4f Taxation, federal income definition, use by state, Oregon War Veterans’ Fund, Art. XI-A §1, §2, §3, Art. IV §32 §4, §5, §6 Organizations, receiving bonus applications, UNIVERSITIES Art. XI-F(2) §10 World War II Veterans’ Compensation Fund, See EDUCATION Art. XI-F(2) §1, §10

USURY VETO Art. IV §23 Special or local statutes forbidden, (Generally), Art. V §15b Appropriations, single items, Art. V §15a UTILITY DISTRICTS Emergency clause bills, Art. V §15a People’s utility districts, Art. XI §12 Overriding, Art. V §15b Referendum measures, Art. IV §1 VACANCIES IN OFFICE Filling, generally, Art. V §16 VICTIMS’ RIGHTS Governor, appointments (Generally), Art. I §42, §43 Legislature in recess, Art. V §16 Senate confirmation, Art. III §4 WAR Governor, office of, Art. V §8a See also MILITARY; MILITIA Legislators, Art. IV §3, §8, Art. V §17 Catastrophic disasters, see EMERGENCIES AND Local governments, Art. V §16, Art. VI §9 DISASTERS Recall, filling after, Art. II §18 Soldiers, quartering, Art. I §28 Writs of election, Art. V §17 State debt for, Art. XI §7, §8

VACATION OF PLATTED LAND WARRANTS Special, local Acts forbidden, Art. IV §23 (Generally), Art. I §9

VENUE WASHINGTON, STATE OF Changes, special legislation, Art. IV §23 Rivers, transportation lines on, aid, Art. XI §9 Criminal actions, Art. I §11, Art. IV §23

VERDICT WATER AND WATERWAYS Condemnation, public use, Art. I §18 Number to concur Art. XV §4, §4b, §4c Civil cases, Art. VII (Am) §5 Lottery proceeds, use, Art. XI §12 Criminal cases, Art. I §11 People’s utility districts, State power development (Generally), Art. XI-D §2 VETERANS Construction of Article, Art. XI-D §4 Advisory committee, Art. XI-F(2) §8, §10 Legislation authorized, Art. XI-D §3 Bonds, Art. XI-A §2, §4, §6, Art. XI-F(2) §1 Ownership in perpetuity, Art. XI-D §1 Bonus Transportation, Art. I §18, Art. XI §9 Administration generally, Art. XI-F(2) §8 Water development projects Amount, Art. XI-F(2) §3, §4, §6 Bonds, generally, Art. XI-I(1) §2, §3 Applications, Art. XI-F(2) §9, §10 Legislation to effectuate, Art. XI-I(1) §5 Assignment of claim, Art. XI-F(2) §7 Taxes and revenue sources, Art. XI-I(1) §4 Bonds, Art. XI-F(2) §1 Water Development Fund, Art. XI-I(1) §1 Definitions, Art. XI-F(2) §2 Disabilities, Art. XI-F(2) §3 Eligibility, Art. XI-F(2) §1, §2, §5 WEAPONS Expenses, Art. XI-F(2) §10 Bearing, right, Art. I §27 Ineligible persons, Art. XI-F(2) §5 Legislation authorized, Art. XI-F(2) §1 WITNESSES Period of service, Art. XI-F(2) §1, §2 Criminal cases, Art. I §11, §12 Relatives of veteran, Art. XI-F(2) §2, §4, §6 Religious beliefs, Art. I §6 Residence requirements, Art. XI-F(2) §1, §2 Treason, Art. I §24 Survivors, Art. XI-F(2) §4, §6 Tax exemption, Art. XI-F(2) §7 Conflicting provisions, veterans’ loans, Art. XI §5 WRITS Counties, state aid, veterans’ programs, Art. XI- Election, vacancies in legislature, Art. V §17 A §1 Jurisdiction, Art. VII (Am) §2, Art. VII (Orig) §13

Oregon Constitution 97 (2020 Edition)