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.