Article XI-A of the Oregon State Constitution

In this post, we take a look at Article XI-A of the Oregon State Constitution.  Article XI-A is entitled "Farm and Home Loans to Veterans".  In this Article it defines how the Oregon War Veterans' Fund is set up and what is to be done with the money.

Section 1, subsection (1)

This subsection authorizes the use of the Credit of the State to issue bonds and also generally defines to what uses the money can be allocated.

Section 1, Subsection (2)

This subsection states that determining how to generate disbursements and on what basis is at the judgment of the Director of Veterans' Affairs.

Section 2

This section directs that bonds be issued and sold so as to create a pool of money which is known as the Oregon War Veterans' Fund.

Section 3, subsection (1)

This subsection lists the requirements so that a person who is a veteran is eligible to receive money from the Oregon War Veterans' Fund.

Section 3, subsection (2)

This subsection defines when a spouse of a veteran is eligible for money from the Oregon War Veterans' Fund.  Note that remarriage negates eligibility.

Section 3, subsection (3)

This subsection defines "Active Duty".

Section 4

This section calls for a levy on property equal to 2 mills.  That is $2 levy for each $1,000,000 of property value.

Section 5

This section is a blanket statement that says that anything in the 1944 amendment to the constitution that conflicts with anything already in the constitution overrules the previously existing text.  I am not sure what the issue is.  Perhaps there was some concerns about the creation of a special class of citizens "veterans" that might be of concern.  Don't get me wrong, I honor those who served, I am just trying to figure out why this was written in such a blanketing way.

Section 6

This section states that rolling over bonds (i.e. refunding one set of bonds via the issuance of a different set) is allowed provided that the amount of the bonds never exceeds the limit defined in section 1.

Article XI, Section 15 of the Oregon State Constitution

In this post, we look at Article XI, Section 15 of the Oregon State Constitution.  Article XI is entitled "Corporations and Internal Improvements".  Section 15 deals with State Government imposing programs on local governments and how those are funded.

Subsection(1)

This subsection defines that where the State of Oregon mandates through legislation that local authorities have to provide or expand service to meet State law, then the State is obligated to provide reasonable funding for such activities (except as provided in subsection (7)).

Subsection(2)

This subsection defines "Enterprise Activity", "local government", "program", and "Usual and reasonable costs".

Subsection(3)

This subsection reinforces subsection (1) and states that local governments can refuse to implement and is not required to comply with state laws or administrative rules where the funding is not adequately provided by the State to the local government.

Subsection(4)

This subsection provides for a non-binding arbitration panel.  Basically, it allows local governments to have an official panel agree with them about their complaint(s).  The panel is set up with 3 members, 1 from the state government and 2 from the local level so if it is partisan in the least, it will end up always favoring the local government.  Also, here it references two organizations, the "League of Oregon Cities" and the "Association of Oregon Counties".

Subsection(5)

This subsection defines that the burden of proof is on the local government, not the State government.

Subsection(6)

This subsection is historical, such that the Legislature cannot pre-emptively reduce funding while waiting for this amendment to come into force.  (it was passed in Nov 1996 and came into force Jan 1, 1997).

Subsection(7)

This subsection details the exceptions to this section.  One of the exceptions is laws that are passed by a three fifths majority in both houses.  All appropriations bills have to meet that requirement.  So paragraphs (a) through (g) end up potentially exempting a lot of stuff that the Legislature could write into law.

Subsection(8)

This subsection is a bit confusing to me because I simply cannot come up with an example.  The logic is sound, in that if a local government claims exemption through subsection (3) to a requirement in state law and if there is a private enterprise who competes with the local government, then the private enterprise also does not need to comply with what the local government took exception to.  I am not really able to suggest in what kind of service or product a private enterprise would try to complete with a local government and it would be a lot clearer what this meant if I could come up with an example.

Subsection(9)

This subsection provides indemnity to the State for non-provision of a program by a local government due a claim under subsection (3).

Subsection(10)

This subsection says that claims under subsection (3) have a statute of limitations up to 4 years after the enactment of a program.

Subsection (11)

This subsection says that the State Government has an option that the local government should apply a fee or charge to recover the costs rather than through reimbursement out of the State Budget.

Article XI, sections 12 to 14 of the Oregon State Constitution

In this post, we look at Article XI, sections 12 to 14 of the Oregon State Constitution.  Article XI is about "Corporations and Internal Improvements".  The title is a bit of a euphemism since what most of this Article has been about is property taxes.  In the examined sections, it talks about structures (corporations) which are quasi-governmental such as Public Utility Districts, Public Transportation Systems and Metropolitan Areas.

Section 12

This section defines Public Utility Districts. This defines some specific rules for such a corporation.  An example is the Tualatin Valley Water District.  These corporations are set up for the greater good to provide services to all within their service area.  However, given the power of eminent domain and the fact that they provide water or power, it is conceivable that they can do an individual harm.  These corporations also have the power to impose ad valorem levies which have to be approved by the people during an election.

Section 13

This section states that if a city, county, political subdivision, public agency, or municipal corporation takes over a public transportation system, this change in ownership cannot be used to negate previous promises as to pay levels or retirement benefits.  This section was passed in 1966.  I don't know if there was a specific case that brought it up or if people in those time just had such leftist leanings that this kind of sentiment was popular.  The phrasing in this section has only subjective criteria to be fulfilled "fair and equitable", and as such anything prosecuted under this section of the Oregon State Constitution would be problematic.  I don't know if the Legislature then followed up with statutes that gave some specifics.  If there are, then any cases brought forward would rely on those.

Section 14

This section creates an ambiguous entity called a Metropolitan service districts.  The constitution doesn't really prescribe limits, it says that the specifics go into a charter which is then approved by the people during an election.  These entities are then equivalent to counties, but do not replace counties.  This section encompasses those entities that might have been created under Section 12.  In fact, it would, in my mind, be possible to have a PUD created under section 12 put a measure to the electors to approve an amended charter that now moves them to a status under section 14.

Article XI, section 11c to 11L of the Oregon State Constitution

In this post, we look at Article XI, entitled "Corporations and Internal Improvements".  Section 11c through 11L deal with property tax rules.

Section 11c

This section states that the taxing limits in 11b are in addition to any other taxing limits in the constitution.

Section 11d

This section states that section 11b does not imply that the limits imposed are minimums or required rates to be applied, especially if there are existing statutes or laws that exempt certain kinds of property.

Section 11e

This section specifies that 11b through 11e which were all included in the same ballot, will not all be invalidated if for some reason one of the sections is invalidated.  This is called severability.

Section 11k

This section invalidates Section 11 subsection (8) which had requirements on participation levels to be able to pass a measure relating to ad valorem property taxes.

Section 11L

This section has 5 subsections.  This section has new rules superseding the rules in section 11 and 11b for bond measures that are for "capital costs".  These rules are written so broadly that pretty much all the other subsections in 11 and 11b regarding rules for bond measures in taxing districts can be circumvented by 11L.

Commentary

Clearly, the area of ad valorem property taxes has been one that has a controversial history.  We see the tracks of several rounds of trying to fix these issues.  Oregon clearly had some high levels of property taxes in some jurisdictions such that the Legislature passed proposed amendments and they were passed by the people in a referendum.  Having moved here from elsewhere in 2010, I have to say I was surprised about how high the property taxes were.
The other thing is how many lettered section 11's there have been.  And the final one has a capital "L" because it would have looked like 111 if it had been a lower case "l".
Section 11 and its lettered cousins are to some extent a result of politics.  Often it is difficult to remove rules, especially rules that are seen to rein in government.  So, instead, layers of rules have been added that create new categories of objects and the trick is that the old objects that were subject to the old rules turn out to be new objects and subject to the revised rules, which I believe in this case are looser.  These sections are confusingly written and proposing to wipe the slate clean by repeal and more clearly written rules on ad valorem taxes would in the end only be a good thing.  The problem is that both sides would attack the new rules because of elimination of stuff they like in the old rules.

Article XI, Section 11b of the Oregon State Constitution

We now look at Article XI, Section 11b of the Oregon State Constitution.  Article XI is entitled "Corporations and Internal Improvements".  Section 11b deals with Property Taxes.  It has 5 subsections and we will look at all of them in this post.  In some cases, clauses in Section 11 modify what is in section 11b.

Subsection (1)

This subsection defines the maximum allowable tax per $1000 of value of a property.  The ends up as $5.00 per $1000 for the school system and $10.00 per $1000 for other uses than schools.

Subsection (2)

This subsection defines "real market value", "tax", "incurred charges", and "local improvement".

Subsection (3)

This subsection provides an exception to the rules of subsection (1).  The exception being taxes for bond issue re-payments which were separately voted on.

Subsection (4)

This subsection instructs what to do when the limits of subsection (1) are exceeded.  Which is to proportionally reduce taxes until the meet these limits.

Subsection (5)

This subsection applies only between 91 and 96 and it stated that the State would make up the reduction in school system funding per a calculation and limits as described in law.

Article XI, Section 11 of the Oregon State Constitution (part 2)

In this post, we continue looking at the subsections of Article XI, section 11 of the Oregon State Constitution.  Article XI is entitled "Corporations and Internal Improvements".  Section 11 deals with a property tax reduction that was voted on by the people back about 1995.  In the previous post, we looked at subsections (1) through (9).  We now continue...

Subsection (10)

This subsection  defines two terms: Ad Valorem Property Tax and Improvements.

Subsection (11)

This subsection defines real market value.  Direct taxes are limited to $15 per $1000 of real market value except taxes to pay back bonds.  If the $15 per $1000 is exceeded, then there is a calculation on how taxes get reduced to that level.

Subsection(12)

This subsection says that a bond to pay back an older bond is included in the provisions.

Subsection(13)

This subsection defines what can be purchased using bond money.  It does include cop cars and firetrucks, provided that their useful life is deemed 5 years or more.  It does not allow maintenance expenses, supplies and equipment.

Subsection(14)

This subsection states that taxes for paying off bond principal and interest are calculated on assessed value not real market value.

Subsection(15)

This subsection discusses urban renewal project funding based on an increase in value and increase in taxes collected, that these additional taxes shall go to funding the urban renewal project only.

Subsection(16)

This subsection grandfathers any urban renewal projects that were enacted from the limits and reductions in subsection (1).

Subsection(17)

This subsection addresses how to handle the taxation year of 1997 in case the amendment passes.

Subsection(18)

This subsection references two different sections of the constitution which have stipulations that taxation has to be done equally.  I do not really see anything from my reading (although it is somewhat superficial), but I suspect that there were doubts expressed and as a result this was inserted as a precautionary measure.

Subsection(19)

This subsection directs that a law is written to limit the ability of local taxing districts to impose new fees or other charges, especially as a means to make up for lost revenue due to the tax reduction.

Subsection(20)

This subsection simply states that if a part of this section is invalidated, the rest remains valid.  This points to the fact that probably some of this really should have been issued as a public law instead of cluttering the constitution with so may details.

Article XI, Section 11 of the Oregon State Constitution

In this post, we will look at section 11 of Article XI of the Oregon State Constitution.  Article XI is entitled Corporations and Internal Improvements.  Section 11 deals with property tax.  It is actually quite long and will need to be looked at in 2 separate posts.

Section 11, Subsection (1)

This subsection created a reset to assessed property values and generally established that the assessed value could not be increased by 3% per year unless something special happens to the property during that year.  There is also a limit in (1)(f) that the assessed value cannot exceed the market value.  These kinds of dampening structures might make things seem unpainful for home owners during good times, but there are dangers for the state/city/county in bad times.

Section 11, Subsection (2)

This subsection defines that the reset and increase limits in subsection (1) should apply to properties in special circumstances to a certain extent and that laws may be made to define the exact rules to do so.

Section 11, Subsection (3)

This subsection seeks to define a rate limit for property taxes. But since there are some special cases to be considered, this subsection is quite long and complexly worded.

Section 11, Subsection (4)

This subsection describes what kind of levies can be imposed via a question on the ballot for voters to vote on.  However, the levy can only be in force for 5 years, or for capital projects, 10 years.

Section 11, Subsection (5)

This subsection defines additional exceptions to the tax reduction and increase limits imposed on subsection (1).  As an example, where there was a levy created to pay for a bond issue for a capital project, this would not be reduced nor would it be subject to the increase limit if that was the original plan.

Section 11, Subsection (6)

This subsection provides yet another exception to the reduction clause which is any levy or tax paid as property tax that goes to fund the local hospital.

Section 11, Subsection (7)

This subsection provides rules for dealing with levies in ballot questions which are contemporaneous with the proposed constitutional amendment.

Section 11, Subsection (8)

This subsection gives participation percentage requirement for any election other than the biennial general election.

Section 11, Subsection (9)

This subsection states that the State will provide, out of the general fund, money to the public school system that might be lost due to the reductions in subsection (1).

Article XI, Section 7 to 10 of the Oregon State Constitution

This post looks at sections 7 to 10 of the Oregon State Constitution.  Article XI deals with Corporations and Internal Improvements.  In Section 7 to 10, we will look at taking on debt.

Section 7

This section limits the amount of debt that the state can take on.  In general, $50,000 and specifically for road building, 1% of the cash value of taxed properties.

Section 8

This section states that the State shall not assume the debts of counties, towns or other corporations.

Section 9

This section limits cities or counties from investing in joint stock companies.

Section 10

This section limits counties from taking on debts in excess of $5,000.  However, it does allow for issue of bonds to take on debts to undertake improvement projects.

Article XI, Sections 4 to 6 of the Oregon State Constitution

In this post, we will look at sections 4 through 6 of Article XI of the Oregon State Constitution.  Article XI is entitled "Corporations and Internal Improvements" and deals with a variety of things such a municipalities, eminent domain, and State investment in private and public companies.

Section 4

This section refers to eminent domain.  It states that the compensation has to be given in accordance with law, but how this is balanced is in the details.  Note eminent domain was also Article I, section 18.  That section discussed "public use" of lands or services taken.  This section has no such requirement that the action has to be for public use or benefit.  This would be an interesting point to explore further to see what has been litigated on the issue.

Section 5

This section imposes that the approval of town charters by the Legislature has to ensure that the correct limits of taxation and taking on various forms of debt are in place in the town charter.

Section 6, Subsection (1)

This subsection prohibits that the State can decide to become an investor in any private or public company.  It can accept bequests and donations to fund higher education.  The idea here is that there is a firewall between the general government (including the Legislature and Governor) vs. the educational institutions.  In practice I would expect that any moneys and investments received by the State gets proportioned out to the Oregon university system almost automatically.

Section 6, Subsection (2)

This subsection provides an exception that if the state participates in a Private-Public Partnership and ends up owning stock out of that, then it is allowed.  Also, this subsection grandfathers anything owned prior to Dec 5, 2002.

Section 6, Subsection (3)

This subsection provides that subsections (1) and (2) do not apply to Public Universities, meaning the University of Oregon system.  However, to me it is not clear as to the intent here: Is it the intent that Public Universities (or really their investment trusts) are allowed to own, hold and dispose of stock, or is it that the notwithstanding parts are not applicable to public universities and as a result, they are not allowed to own, hold or dispose of stock?

Article XI of Oregon State Constitution

In this post we are going to start looking at Article XI of the Oregon State Constitution.  This Article is entitled "Corporations and Internal Improvements".  This section has a lot of different administrative items in it, for example, property tax rules, government debts at the State and lower levels and other things.  There will be quite a number of posts on Article XI since some of the sections are quite long.

Section 1

This section prohibits the establishment of a State Bank, that is a bank that is a part of the government.  Also this section prohibits that any currency is issued by any bank or banking company that is established in Oregon.  The idea here is to ensure that only the Federally issued currency is used and to ensure that there is no involvement of State Government in questions of currency.  And if you think that local/special currency or script or notes are a historical artifact, have a look at Canadian Tire Money.

Section 2

This section first defines that the Legislature can issue general laws regarding corporations and municipalities, and not special laws.  This repeats Article IV, section 23.  Next, provided a charter complies with the constitution and all laws currently in force, the Legislature cannot change it, it can only be changed by the people.  I ran across this news story which claims that in the 2016 session, the Legislature has overstepped their bounds and violated this clause of the constitution.  I personally, don't know.  Also with regards to municipal charters, I have created this page which has links to some charters.

Section 2a, subsection (1)

This subsection provides for two towns to merge and become a single entity.  However, the Legislature, or the people need to write a law defining the specifics for the merger and mechanisms.

Section 2a, subsection (2)

This subsection provides for the possibility that the city and county governments can become a single government if a county has a city with more than 300,000 inhabitants.  This would only apply to Portland.  It is a general law that is crafted in a way as to become a special law.  I don't know if Portland and Multnomah county have in fact merged, I do not believe this to be the case.  One of the issues is that the city of Portland extends outside the boundaries of the county.  I will say at this point, that I have often wondered why do we need to have county government in the first place.  Clearly, there is history here and never really having lived in a rural area, maybe I am missing something fundamental, but for those people who complain about government waste, do we need 4 levels of government (federal, state, county, city)?

Section 3

This section probably belongs in some other section or only as a law, but we do see that everywhere in this document.  Anyway, it first states that stockholders are only liable up to the amount invested in a company.  However, stockholders in a bank or banking company are liable for double the amount invested, unless the bank has been FDIC insured, in which case the stockholder liability reverts back to the first case.

Article X-A, section 6 of the Oregon State Constitution

In this post, we look at Article X-A, Section 6 of the Oregon State Constitution.  Article X-A deals with catastrophic disasters and Section 6 defines how to end the emergency powers granted by the declaration of an emergency.

Section 6, Subsection (1)

This subsection defines that the default length of catastrophic disasters is 30 days.  The Governor can declare a catastrophic disaster ended earlier, if necessary.

Section 6, Subsection (2)

As had been described in a different section, the Governor had to call the legislature to an emergency session upon declaring a catastrophic disaster and that they had to meet within 30 days.  So long as three fifths of the people who show up vote to do so, the catastrophic disaster can be extended.

Section 6, Subsection (3)

This subsection says that the Legislature's extension or ending of the catastrophic disaster has to be passed the same as any bill and that it can be vetoed by the Governor.

Section 6, Subsection (4)

This subsection seems to say that the Legislature can pass temporary measures that violate the constitution so long as they are justified actions in face of the declared catastrophic disaster.

Section 6, Subsection (5)

This subsection has the restriction that some event cannot be a catastrophic disaster twice.  Kind of like the double jeopardy clause.

Article X-A, section 4 and 5 of the Oregon State Constitution

In this post, we look at Section 4 and 5 of Article X-A of the Oregon State Constitution.  Article X-A is entitled "Catastrophic Disasters".  Section 4 deals with emergency powers of the Legislature during an emergency. Section 5 provides for virtual house and senate assemblies.

Section 4, Subsection (1)

This subsection defines 6 additional powers that the Legislature can exercise during an emergency.  Each of these powers is an exception to a constitutional requirement.  In reading this section, you get the feeling that those who proposed the amendment wanted to throw out the constitution and say, look, the Legislature will do what is necessary and reasonable in an emergency, we can trust them.  Oh! Look, these sections were proposed by the Legislature!  This kind of thing is what causes people to go cynical about politics and politicians.
If you are interested in the details, you have to track back all the references, but the net effect is that if there is an emergency called, the legislature can do anything with the money it has "to address the catastrophe" unshackled from the all of the usual spending rules and quorum requirements.

Section 4, Subsection (2)

This subsection states that the Governor can still veto any legislation per the usual method described in the constitution during an emergency.  For legislation that uses any of the provided exceptions in subsection 1, the Governor is the only check and balance against misuse of these powers.

Section 5

This section provides for the possibility that if a member is not able to attend in person due to a catastrophe, since we have technology, they could attend in some virtual fashion.  The in-person requirement is really to address the authentication of the person's identity when voting.  Using different technology should really be addressed ahead of time in terms of determining what will be acceptable vs. not.

Article X-A of the Oregon State Constitution, section 3

This post looks at Section 3 of Article X-A of the Oregon State Constitution.  This Article deals with catastrophic disasters.  The section deals with procedural requirements for the legislature during catastrophic disasters.

Section 3, subsection (1)

This subsection allows that the legislature can meet during an emergency at a different place other than the Capitol.

Section 3, subsection (2)

This subsection waives quorum requirements.  This section actually has a real wording issue.  Background: so let's say we have a big catastrophe and this happens at a time when the legislature is not in session and the Representatives and Senators are all back at their districts.  The catastrophe creates problems for communication and travel.  So in order to be able to conduct business, not enough of the members of the House or Senate can make it to the place where they are going to hold the meetings to achieve quorum per Article IV, section 12.  This section allows that if two thirds of the members who can make it show up, you have quorum and can proceed.  The problem is how do you determine what is the whole number of the people who "can show up".  One would think that 100% of the people who can show up show up every time.  So any meeting called will have quorum.  Thankfully, we have never had a bad enough catastrophe to invoke this section and hopefully we never do, because the section will get challenged in court if ever invoked.

Section 3, subsection (3)

This subsection modifies the rules to pass a bill into law such that as per the above, two thirds of the members who can show up is enough to pass the bill in each chamber.

Section 3, subsection (4)

This subsection modifies the rules to pass an appropriations or taxation bill into law such that in line with the subsections above, three fifths of the members who can show up is enough to pass the bill in each chamber.

Section 3, subsection (5)

This subsection provides an exemption to the requirement in section 1a of Article IX that taxation bills cannot be emergency bills.  We imagine one of these superhero movies where the villain creates chaos so that an emergency is invokes so that special provisions and powers can be used to further the plans to take over the world.

Article X-A of the Oregon State Constitution

In this post we look at Article X-A of the Oregon State Constitution.  This Article is entitled "Catastrophic disasters" and deals with emergency powers granted to the Governor (mostly) and others to deal with an emergency.

Section 1, subsection (1)

This subsection defines what a catastrophic disaster is.

Section 1, subsection (2)

This subsection gives some examples of catastrophic disasters.

Section 1, subsection (3)

This subsection states that the Governor has to issue a finding that a catastrophic disaster has occurred.

Section 1, subsection (4)

This subsection states that the Governor has to convene the Legislature unless they are already in session or are about to hold a session.

Section 1, subsection (5)

This subsection defines that the response taken to the disaster should not include other things.  For example, if the legislature is convened in an emergency session, regular kinds of laws should not be passed, just any emergency appropriations bills or other rules regarding the needed response to the disaster.

Section 2, subsection (1)

This subsection gives the authority to the Governor to use money to immediately react even if that money was allocated to something else.

Section 2, subsection (2)

This subsection limits the authority of the Governor granted in the previous subsection up to the time that the legislature meets and then makes the appropriate laws to allocate the money needed for the disaster.

Article X of the Oregon State Constitution

In this post we will look at Article X of the Oregon State Constitution.  This article deals with the Militia.  The Militia is the Oregon National Guard and there is an Oregon Military Department which is under the executive branch.

Section 1

This section directs the Legislature to write laws regarding the militia for the defense and protection of the state.  Since times have changed, there does not seem to be a need for the defense and protection of the state.  However, having a force which can respond in emergencies is definitely a social good for public security.

Section 2

This section provides for conscientious objectors.

Section 3

This section defines that the top military officer is the Adjutant General and that this person will recommend to the Governor who are to be officers and that these officers are commissioned and appointed by the Governor.

Article IX, sections 11 to 15 of the Oregon State Constitution

Article IX of the Oregon State Constitution deals with "Finance".  There are 20 sections in this Article.  Some of the are long.  We will look at the last 5 sections in this post.

Section 11

This section prohibits that the state or any political subdivision can guarantee a rate of return on retirement investments.

Section 12

This section prohibits considering unused sick leave in calculations of retirement benefits.

Section 13

This section references the fact that section 10, 11, 12 and 13 were all passed at the same time.  If one of the sections was found to be unconstitutional, that does not affect the other sections, again, just because they were passed all at the same time.

Section 14

This section has some specific rules, probably should be in the laws rather than in the constitution. This defines what is know as "the kicker".  These rules deal with surplus taxes.  An estimate is prepared per subsection (1), and then the actual amount is calculated per subsection (2).  Per subsection (3), the excess gets allocated to education purposes or per subsection (4), it is returned to the taxpayers.  Subsection (5) defines how the money is to be returned to the taxpayers.  Subsection (6) defines that the estimate prepared in subsection (1) can be amended by an emergency law passed by two thirds of the legislature.  Finally in subsection (7) it states what is exempted by this section of the constitution.

Section 15

This section prohibits any taxes on the transfer of real property.  However it does grandfather existing taxes.

Article IX, Sections 6 to 10 of the Oregon State Constitution

Article IX of the Oregon State Constitution deals with "Finance".  There are 20 sections in this Article.  Some of the are long.  We will look at the next 5 sections in this post.

Section 6

This section requires that if the expenses exceed income, then the Legislature has to balance the budget the following year.  The language calls for levying a tax.  This should also suggest cutting expenditures.

Section 7

This section defines that spending bills can't contain other provisions such as amending laws on voting or other subjects.  This is a good thing and would prevent using a state government shutdown as a threat to pass other controversial legislation.

Section 8

This section has a no-nonsense requirement for transparent above board government procurement practices, but it also shows a bit of history.  As channeling of money or contracts for supplying paper to the government from local paper mills was such a potentially lucrative business opportunity, they inserted specific language at the level of the constitution to limit any back room dealing.

Section 9

This section prohibits imposing a tax on federally paid benefits.  This seems to be logical and straightforward.  It is just surprising to have the requirement spelled out at this level rather than as a regular law in the section on income tax.

Section 10

This section requires that government employees provide a contribution equal to 6% to the retirement program.

Article IX, Sections 3 to 5 of the Oregon State Constitution.

Article IX of the Oregon State Constitution deals with "Finance".  There are 20 sections in this Article.  Some of them are long.  We will look at the next 5 sections in this post.

Section 3

This section defines that taxes must be authorized by law.  For example, a regulation cannot require a tax that is not authorized by law.  Also, when writing tax laws, there needs to be a statement of purpose as to what the revenue can be spent on.  In this way, the legislature cannot fund things through some back-door accounting.  This also supports the line item veto that the governor wields under Article V.

Section 3a

This section discusses motor vehicle use and fuel taxes and directs it to be used for road-related expenditures.  With regards to motor fuels, it should be noted that gasoline appears to be on its way out and it is very difficult to track electricity used for cars vs. homes and as such this section will probably come under scrutiny in the future as electric cars become more prevalent.

Section 3b

This section restricts any additional taxes on oil and gas to 6%.  While this seems to provide for tax relief for citizens, it smells to me of special interest lobbying.  It may also have been considered as a method to stimulate oil and gas exploration in the state but I do not believe there are a lot of reserves in Oregon.

Section 4

This section defines that the authority to spend money lies with the Legislature.

Section 5

This section requires that financial statements for the state have to be published every other year.  This calls for every odd numbered year.  There is a risk that since elections happen at the end of the even numbered year, people will have forgotten the previous years financial statements published potentially some 22 months prior.  Clearly, citizens should be able to use more recent information to make voting decisions.

Article IX of the Oregon State Constitution

Article IX of the Oregon State Constitution deals with "Finance".  There are 20 sections in this Article.  Some of them are long.  We will look at the first 5 sections in this post.

Section 1

This section is important in that it defines that laws for assessment and taxation have to be general laws.  Either the people through ballot initiatives or the legislature may create a law that assesses and taxes the people.  Elsewhere, it does say that a ballot initiative cannot remove a law that assesses and taxes the people.

Section 1a

This section has two parts.  The first is that there can be no poll or head tax.  These are considered infringing on citizen's right to vote.  The second part indicates that no law respecting taxation can be issued as an emergency law.  This means that the taxation can only come into force 90 days after the conclusion of the legislative session.

Section 1b

This section has a sunset clause in it that has expired.  It is historically interesting, but irrelevant.

Section 1c

This section provides a mechanism for funding urban renewal and redevelopment projects based on the increased tax income due to the increase in value of the properties affected around the project.

Section 2

As shown above, there is clearly some document control issues apparent since for some reason it was decided to shove 3 sections in between 1 and 2.  Anyway, Section 2 basically says that the State is not to run deficits and is repeated in a later section.

Article VIII of the Oregon State Constitution

Having last time looked at the amended version of Article VII of the Oregon State Constitution, we are going to skip over the original version of Article VII.  We will move onto Article VIII which deals with Education and School Lands.

Section 1

This section establishes that there is a Superintendent of Public Instruction.

Section 2

This section defines the sources of income of the State of Oregon that are to be directed to be expended on Education.

Section 3

This section provides that the legislature must create a system of public schools by law.

Section 4

This defines the distribution of the monies received through sources in section 2 to be distributed in proportion to the school-age population in each county.

Section 5

This section defines that a State Land Board is created.  This board is responsible for the management of the lands in such a way that the State gets the greatest benefit from the land.  It is intended to have a long-term outlook.

Section 7

This section is a protectionist measure intended to bolster the sawmill industry in Oregon.  Note to self: see if there is available on-line studies that have determined if this in fact lead to jobs in Oregon or not.

Section 8

Part (a) establishes that every 2 years, a funding report has to be written and that funds have to be allocated to the schools where deemed necessary out of the general expenditure funds.  Here is a link to the latest such report.  Part (b) establishes a system of equalization grants.  These are somewhat controversial since they label districts as have's and have not's.

Section 3 to 9 of Article VII (Amended) of the Oregon State Constitution

In this post we will look at Sections 3 thru 9 of Article VII (Amended) of the Oregon State Constitution.  This Article deals with the Judicial Branch.

Section 3 (Amended)

This section deals with numerous things.  First, it defines that for civil cases, they can be tried by Jury if the value exceeds $750.  This seems to be in conflict with Article I, Section 17 as well as Amendment VII of the US constitution.  The next part deals with appeals and the basis for making appeals.  There is the provision, that upon appeal, conviction of someone of a crime cannot be made into a conviction for a greater crime.  In the original Article VII, there is a hint of the appeals process in Section 6 (original).

Section 4 (Amended)

This section defines that the supreme court shall sit at least once annually and at the end of the term, provide a summary of the decisions made to the Secretary of State.  It is the same as Section 7 of the Original.

Section 5 (Amended)

This section provides administrative detail on how juries work.  It directs the legislature to write laws on jury selection.  Also it does provide rights to the accused that, when charged with a felony, they have to be indicted by a grand jury.  It appears that in the original Section VII, some of this was covered in Section 18, but this was repealed in 1958 for some reason.

Section 6 (Amended)

This section deals with the removal of public officials.  For most positions included in the constitution, one of the qualifications is that they have not committed a felony.  This section provides that in case of conviction, especially for a felony, the judgment can include removal from office.  It is the same as the original Article VII, section 19.

Section 7 (Amended)

This is the oath of office for Supreme Court judges.  It is the same as Section 21 of the original.

Section 8 (Amended)

This provides a mechanism for removal of judges from the bench.  The original Section 20 also did likewise.  In the original, it specified the mechanism, but did not provide restriction on the reason for it.  In the amended, it does not provide a mechanism (just say "by law"), but it does provide restrictions on reasons for removal.

Section 9 (Amended)

This allows for juries between 6 and 12 members.

Article VII (Amended) of the Oregon State Constitution

We will now start looking at Article VII of the Oregon State Constitution.  This Article comes as two versions.  There is the "Amended" version and the "Original" version.  Here is a link that describes the motivations for the "Amended" version.  However as stated in a note to the original section, the original version still can be used as the basis for law and judicial decisions where it has not been superseded by the amended section or by laws.  This review will follow the Amended Article and cross-reference to the original where required.

Section 1 (Amended)

This section discusses the Supreme Court and that judges will be elected to a six year term.  In the original, we need to look at Section 1, 2 and 3 to get to the same effect.  The original Section 1 defined a structure of courts.  In the Amended version, these are now defined by statute.

Section 1a (Amended)

This section discusses the mandatory retirement of judges and that judges can be removed by the Legislature if deemed not to be able to perform his or her duties.  Section 20 of the original also includes a provision for removal of judges but there is no mandatory retirement requirement.  Included in the Amended section is that retired judges can be called back for service if it is needed and duly approved by people or the Legislature.

Section 2 (Amended)

This section discusses how the effect is to be implemented.  It says nothing changes until the legislature passes laws to change things.

Section 2a (Amended)

This section provides for passing out work and patching vacancies on the bench by the Supreme Court if so directed by law or by the people.

Section 2b (Amended)

This section is an exception to Article IV, Section 23 which prohibits the legislature from making special laws.  It allows that the legislature can make laws defining the courts, how they function and in fact, local requirements.  In the original version of the Article, and in the mind of the framers, the basic requirements of the structure would be in the constitution and thus never need the legislature to make laws about it, hence the prohibition in Article IV, section 23.

Article VI of the Oregon State Constitution

We now start to look at Article VI of the Oregon State Constitution.  This Article deals with the functions of the Secretary of State and entitled "Administrative Department".

Section 1

This section defines the roles of the Secretary of State and Treasurer of State (links go to their respective websites).  These posts are elected by the people for a term of four years.  As with the Governor, no one can hold these positions for more that two consecutive terms.

Section 2

This section defines the role of the Secretary of State.  Further definition is in the Oregon Revised Statutes.

Section 3

There is a seal of the state of Oregon and it is kept by the Secretary of State to be applies to official documents such as commissions and executive orders.

Section 4

No specific duties are defined for the Treasurer in the Constitution, but are defined by the Legislature.

Section 5

This section defines retention of records in a broad sense.  All three offices, Governor, Secretary of State and Treasurer are responsible for keeping records of the business of the state.

Section 6

This defines some requirements for local government at the county level.  Each county shall have an elected County Clerk, Sheriff and Treasurer.  The term of office for each is four years.

Section 7

This sections allows for other elected officials as defined in law.

Section 8

This section defines that local officials need to be residents in their jurisdiction.  Further, where a specific background or qualification is required, the person running for such office must have that qualification.  Specifically mentioned are the county assessor, county sheriff, county coroner and county surveyor.

Section 9

Vacancies can be filled in accordance with the laws defined by the legislature.

Section 10

This defines that the people in a county can adopt a home rule charter.  I have made a page that lists which counties have a home rule charter and provides links to those documents.

Article V Section 14 to 18 of the Oregon State Constitution

In this post we will look at Section 14 to 18 of Article V of the Oregon State Constitution.  Article V is entitled Executive Branch and about the rights, powers and responsibilities of the Governor of Oregon.

Section 14

This section defines the authority to grant pardons, commutations and reprieves.  Here is a link to recent pardons granted by the Governor.

Section 15a

This section gives the Governor a line-item veto for appropriations (spending bills).  In other words, instead of vetoing an entire spending measure, which would result in no one being authorized to spend money, the governor can pick single items out of spending bills to veto.  There was no bill that was veto'd by the Governor in 2016.

Section 15b

This section defines the process of veto by the Governor.  The veto can be overridden by a two thirds majority vote in both houses.  There are also some detailed rules regarding bills that were passed just prior to the adjournment of the legislatures.  Also, the Governor has only 5 days in any case to veto or announce the intention to veto legislation presented to her.

Section 16

This section defines that the Governor can fill vacancies including those that are within the jurisdiction of the legislature if the legislature is in recess.  Here is a link to appointments that are made by the Governor.

Section 17

This section also deals with vacancies, but those in the legislature.  Here, the Governor is directed to issue writs of election to fill vacancies in the legislature.

Section 18

This Section defines that all commissions are issued in the name of the state, signed by the Governor, have the state seal applied and attested by the Secretary of State.

In Conclusion...

And that concludes Article V, "Executive Branch".  Next time we will start looking at Article VI which is all about the Administrative Branch which is run by the Secretary of State.

Article V, Sections 9 to 13 of the Oregon State Constitution

We will look at Article V, Section 9 to 13 of the Oregon State Constitution.  Article V is entitled the Executive Branch and mostly defines what the role and responsibility of the Governor is.

Section 9

This section defines that the Governor is commander in chief of the state's military.  These should be commanded in case of insurrection or invasion.  Do you think the military should be called out regarding the invasion of Californians?

Section 10

This section is mostly motherhood and apple pie.  Here is states that the governor must ensure that the laws passed by the legislature, even if they are unpopular, must be enforced and/or implemented.  An example here would be Executive Order 16-12 which mentions that law enforcement is not keeping records as required by statute.  The point here is that when you have a disagreement between the Governor and the Legislature, the Governor can't just not enforce a law that she does not agree with.

Section 11

This section provides for the Executive Branch to write reports and suggest bills to be presented to the Legislature.

Section 12

This section allows the Governor to, in case of emergency, convene both houses of the legislature to consider a specific piece of business.  A quick search didn't come up with any emergency sessions recently, at least in Oregon.

Section 13

This section directs the Governor to transact any required State business.  Further, if there is a need for information from the Administrative (Article VI) or Military departments (Article X), a written request for this information must be acted on by the responsible officers in those departments.

Article V, Section 7 to 8a of the Oregon State Constitution

In this post we look at Article V, Sections 7 to 8a of the Oregon State Constitution.  Article V is entitled "Executive Branch" and defines the role of Governor.
Section 7 defines the term as 4 years long.  This repeats what is stated in Section 1.  The Oregon Revised Statutes section 176 give the exact timing.
Section 8a defines a succession in the case the Governor cannot fulfill her or his duties.  The chain goes to:

• Secretary of State
• State Treasurer
• President of the Senate
• Speaker of the House of Representatives

However, the appointments create vacancies and these can be filled by way of further appointments of Acting Secretary of State or Acting State Treasurer.  If it happens that both the Governor and then Secretary of State and Treasurer all end up unable to fulfill the role, people appointed as Acting cannot be promoted to Governor.  In other words, the Governor has to have been elected by the people to some office.  Worst case, the Legislature calls for emergency elections, I guess.
This succession provision has been used, most recently with Brown taking over from Kitzhaber, but looking through the list of Governors and dates, it has occurred regularly that a the 4 year term has not been fulfilled.  There is a list of Governors and their dates of office here.

Artcile V of the Oregon State Constitution

In this post we start looking at Article V of the Oregon State Constitution.  Article V is entitled "Executive Branch" and discusses the Governor of the state.  The next article deals with the administrative side and looks at the Secretary of State and Treasurer which appear to be separate from the Governor.
Sections 2 and 3 define the qualifications of candidates for governor:

• Citizenship: Must be a citizen of the USA
• Age: Must be 30 years old (unless she or he is appointed through the process of succession)
• Residency: Must have resided in Oregon for 3 years.
• The Governor cannot hold a different position such as Senator at the same time.

Section 1 works towards term limits for governor.  One person cannot be governor for more than 2 successive full 4-year terms.  However, one can be governor more than 2 terms if they are sufficiently spaced out.
Section 4 deals with the election process for the Governor of Oregon.  The election for governor is held as directed by the Legislature.  Currently, it is held at the same time as the general elections, on an even numbered year.  Once the resulted are tabulated by the Secretary of State, they are given to the Speaker of the House of Representatives who then announces the winner at a joint session.
Section 5 defines that the winner is determined by who gets the most votes and if there is a tie, then the two houses of congress get to vote and decide which of the tied candidates wins.
Section 6 appears to repeat section 4.  There is some detail provided in the Oregon Revised Statutes section 176.

Article IV, Sections 27 through 32 of the Oregon State Constitution

In this post we will look at Article IV, Section 27 through 32 of the Oregon State Constitution.  Article IV deals with the Legislative branch of government.
Section 27 defines that by default, every law is a public law.  Here is a link that discusses some types of law.
Section 28 defines that all laws passed shall take effect only 90 days after the session in which they were passed has ended.  This can be circumvented and the law become effective sooner in the case of an "emergency".  However the intent here is that this 90 period allows for the citizens to organize a referendum as per Article IV, Section 1(3)(a) if they object to the law.  A lot of laws get written such that they take effect January 1st of the year following the one they were passed.  As a result, you get new stories such as this.
Section 29 guarantees the legislators get paid. But not much, so don't get into it for the money.
Section 30 repeats what is in some other earlier section that representatives and senators cannot hold multiple government positions.  Pretty clearly to prevent conflicts of interest.
Section 31 defines the oath of office that needs to be administered and that the Governor, Secretary of State or a judge of the Supreme Court shall administer it.  Recently in the news was a story that they were not going to allow the oath to be taken via Skype.
Section 32 deals with income tax.  This section specifically allows for the State of Oregon to piggy-back onto the federal income tax rules and concur with them.
There's not really a lot to say about these sections.  And since we looked at 33 last post, that brings us to the end of Article IV.  Next we'll look at Article V which deals with the Executive Branch.

Article IV, Sections 22 through 26 plus 33 of the Oregon State Constitution

In this post we will look at Article IV, Sections 22 through 26 plus 33 of the Oregon State Constitution.  Article IV deals with the Legislative branch of the state government.
Section 22 defines how previously enacted laws are amended.  The specific wording has to be published for the amendment rather than just a reference.  Additionally, if multiple bills are passed which amend the same section of the same law, the one signed by the governor last is considered official.  I have a hard time believing how this can come to be, but at least it is defined in case it does.
Section 23 defines areas where the legislature cannot make "special or local laws".  Special laws would apply to an individual, corporation or association.  A local law would apply to only one or some few jurisdictions.  This section is intended to keep the state legislature out of local politics in a similar way that the US constitution tries to keep the federal government out of local state affairs.
Section 24 states that you can take the State of Oregon to court, but the Legislature cannot write and pass a law that authorizes a suit against the State of Oregon.
Section 25 defines the proportion of the vote required to pass a bill.  Bills for raising revenue (read taxes) have to be passed by a three fifths majority.  Other bills only require a majority vote.  However, note Section 33 which defines that an act to reduce a criminal sentence requires a two thirds majority (more than for taxes!!) when that sentence was included in an initiative or referendum passed by the people.  I have not been able to figure out if this also means that the Legislature has the ability to commute death penalties under this section.
Section 26 defines that a member of the Legislature can have recorded their dissenting opinion in the journal of the branch in which they sit.

Article IV, § 15 thru 21 of the Oregon State Constitution

In this post, I will look at Sections 15 thru 21 of the Oregon State Constitution.
Section 15 allows that by a two thirds vote, a member can be expelled.  I can't find any info on members being expelled from the state legislature, but here is an article from the Atlantic about members of Congress being expelled.
Section 16 allows that the legislature can have someone jailed for a maximum of 24 hours for disrupting the assembly.


Section 17 seems to be just a motherhood and apple pie statement.
Section 18 starts a series of sections on how the legislature is to function.  Bills, except for bills which raise revenue can be introduced in either branch.  However, if you are going to raise revenue (that is taxes) the bill has to be introduced in the House and then it proceeds to the Senate.
Section 19 defines that bills have to be read in each house 3 times.  If there is a high level of agreement about the bill, a two thirds vote will allow it to be voted on without reading.
Section 20 seems to require that each bill be fairly specifically about one subject.  Ideally, this should prevent such negotiation as slipping in a rule change on property right over a bill regarding criminal prosecutions.  I haven't really looked at the bills on the legislature's website to see how closely this is followed, but I will do so at some future date.
Section 21 is a guideline.  Ideally, the laws of the land are written in a way such that most citizens could read through something and grasp what is going on with it.  However, this section is probably deemed to try and eliminate pedantic styles of writing as well as an overly reliance on technical language.  Unfortunately, since most of the laws are written by lawyers, they end up being written in a lawyerly fashion and often words have deeper and richer meanings than that used in ordinary language.  As such, "plain language" is not the result.  Further, I want to say that in my experience in Quality Assurance and in developing and improving manufacturing processes, I have found that you start by putting down a simple rule.  Then you start asking the people who do the work questions (auditing, if you like) and you very quickly find that the "simple rule" actually has all kinds of exceptions, special cases and ambiguities that once you write it into a procedure, it either fails to work as intended or you have to abandon "plain language" and add the technical details that end up being the real value add in a process.