Article XI-Q of the Oregon State Constitution

In this post, we look at Article XI-Q of the Oregon State Constitution.  Article XI-Q is entitled "Real or personal property to be owned or operated by State".  The title certainly seems to be broad and all encompassing.  It's also kind of a contradiction to call something personal property owned by the State, but let's see if the detailed wording gives us a better definition.  The Article has 4 sections.

Section 1

This section authorizes taking on debt for specific purposes which include acquiring, constructing, remodeling, repairing, equipping, or furnishing real or personal property that is or will be owned or operated by the state.  This is still really quite broad and I have concerns about the abuse of such loose language.  In many ways, operating costs could conceivably be shoehorned into the definition.  It ends up in many ways subverting Article XI, Section 7 which starts off with a prohibition against creating a debt of greater than $50,000.  In subsection (2)(b) of XI-Q, it allows that previous borrowing can be reclassified under this Article which is less restrictive that other child articles of Article XI.

Section 2

This section authorizes the taking on debt and does not use the word bond.  As such, any kind of debt instruments could be used.  I am concerned that such things could end up being opaque and murky and whether adequately considered as to the cost of borrowing.

Section 3

This section directs the Legislature to enact laws to implement this Article.

Section 4

This section has a catchall so that conflicts with other parts of the constitution would not allow this article or a part thereof to be struck down.