BALLOT TITLE

AMENDS CONSTITUTION: AUTHORIZES NEW STANDARDS, PRIORITIES FOR VETERANS’ LOANS; EXPANDS QUALIFIED RECIPIENTS

RESULT OF "YES" VOTE: "Yes" vote authorizes new standards and priorities, and expands qualified recipients for veterans’ loans.

RESULT OF "NO" VOTE: "No" vote retains current standards, priorities, and qualifications for veterans’ loans.

SUMMARY: Amends Constitution. Constitution now authorizes fund from which state makes home, farm loans to veterans who served certain active duty. Measure authorizes Director of Veterans’ Affairs to establish standards and priorities for granting loans from fund. Measure eliminates requirement that part of active duty be served between September 15, 1940, and December 31, 1976. Measure provides that active duty includes service in operations for which certain awards are authorized, and does not include training. Measure eliminates outdated language.

AMENDS CONSTITUTION: STATE MUST CONTINUE PAYING LOCAL GOVERNMENTS FOR STATE-MANDATED PROGRAMS.

RESULT OF "YES" VOTE: "Yes" vote retains requirement that state pay local governments for costs of state-mandated programs.

SUMMARY: This measure retains section 15, Article XI of the Oregon Constitution, which requires state legislature to pay local governments for costs of new state-mandated programs or increased level of services for state-mandated programs. If costs are not paid, local governments need not comply with law or rule requiring program or service. Contains exceptions. Requires 3/5 vote of each hose of state legislature to take certain actions reducing state revenues that are distributed to local governments.

AMENDS CONSTITUTION: MODIFIES POPULATION, MINIMUM AREA REQUIREMENTS FOR FORMATION OF NEW COUNTIES 

RESULT OF "YES" VOTE: "Yes" vote modifies population and minimum area requirements for formation of new counties.

RESULT OF "NO" VOTE: "No" vote retains current constitutional requirements for minimum area of counties, population of new counties.

SUMMARY: Amends constitution. Constitution now requires that all counties have minimum area of 400 square miles and that new counties have minimum of 1200 inhabitants. Measure permits new county to be established with, or existing county to be reduced in size to, less than 400 square miles, provided that new county has more than 100,000 inhabitants. If new county is established on land from existing county, existing county must retain population at least as great as that of new county at time new county is established.

AMENDS CONSTITUTION: REQUIRES REFUNDING GENERAL FUND REVENUES EXCEEDING STATE ESTIMATES TO TAXPAYERS

RESULT OF "YES" VOTE: "Yes" vote establishes constitutional requirement to refund general fund revenues exceeding state estimates to taxpayers.

RESULT OF "NO" VOTE: "No" vote rejects constitutional requirement to refund general fund revenues exceeding state estimates to taxpayers.

SUMMARY: Amends Constitution. Current statutes require state to estimate future general fund revenues from corporate income/excise taxpayers and from personal income taxpayers and require refunds to either of those two categories of taxpayers when revenues received from that category of taxpayers exceed estimate by two percent. Measure creates constitutional provision establishing such "kicker" refund determinations and requiring refunds when revenues received exceed estimates by two percent. Allows legislature to determine how revenues shall be returned to taxpayers. First applies to biennium beginning July 1, 2001.

AMENDS CONSTITUTION: ALLOWS REGULATION OF LOCATION OF SEXUALLY ORIENTED BUSINESSES THROUGH ZONING

RESULT OF "YES" VOTE: "Yes" vote allows zoning of sexually oriented businesses without showing threatened or actual neighborhood harm.

RESULT OF "NO" VOTE: "No" vote retains ban on zoning businesses based on content of speech, expression presented there.

SUMMARY: Amends constitution. Oregon Constitution allows regulation of location of sexually oriented businesses upon showing of threatened or actual neighborhood harm other than exposure to sexual expression, and only as other businesses’ locations regulated for same harm. Federal constitution permits some zoning of sexually oriented businesses. Measure would allow zoning of such businesses without showing threatened or actual harm, to extent permitted by federal constitution. Covers commercial establishments whose principal business is nude dancing, nude entertainment or production, distribution or display of representations of sexual activity.

INCREASES MAXIMUM DEDUCTIBLE IN OREGON FOR FEDERAL INCOME TAXES PAID

RESULT OF "YES" VOTE: "Yes" vote increases maximum deductible on Oregon income tax returns for federal income taxes paid.

RESULT OF "NO" VOTE: "No" vote retains current cap on amount deductible in Oregon for federal income taxes paid.

SUMMARY: Under current Oregon law, taxpayers may deduct up to $3,000 on their Oregon income tax returns for federal income taxes paid; spouses filing their Oregon tax returns separately may deduct up to $1,500. Measure would increase those amounts to $5,000 and $2,500, respectively. Applies to tax years beginning on or after January 1, 2002. Requires cost of living adjustment for calendar years beginning on or after January 1, 2003. Provides no replacement funds and reduces revenues available for general government expenditures.

DEDICATES TOBACCO SETTLEMENT PROCEEDS TO SPECIFIED HEALTH, HOUSING, TRANSPORTATION PROGRAMS

RESULT OF "YES" VOTE: "Yes" vote creates fund from tobacco settlement proceeds dedicated to specified health, housing, transportation programs.

RESULT OF "NO" VOTE: "No" vote rejects creating fund from tobacco settlement dedicated to specified health, housing, transportation programs.

SUMMARY: Measure creates fund using Oregon’s share of tobacco litigation settlement. Requires annual distribution, in specified amounts, of fund’s investment earnings only to specified programs, including elderly and disabled transportation fund; low income, disabled housing programs; tobacco use prevention programs; Oregon Health Sciences University’s medical researcher recruitment; nonprofit organizations providing women’s shelter care; county public and mental health programs. Legislature may appropriate principal to programs only with 2/3 vote and specified negative economic conditions, to federal government only when required by court order or settlement agreement.

AUTHORIZES RATES GIVING UTILITIES RETURN ON INVESTMENTS IN RETIRED PROPERTY

RESULT OF "YES" VOTE: "Yes" vote authorizes rates giving utilities return on undepreciated investments in certain retired utility property.

RESULT OF "NO" VOTE: "No" vote rejects authorizing rates giving utilities return on undepreciated investments in certain retired property.

SUMMARY: Current law prohibits public-utility rates derived from rate base that includes any property not presently used for providing service; Public Utility Commission may authorize rates that return to utilities amounts representing undepreciated investments in utility plants that have been retired for specified reasons. Measure authorizes Commission to allow public and telecommunications utilities to set rates at levels giving utilities return on their undepreciated investments in property retired from service (including Trojan) for specified reasons. Applies to property retired before, on, or after effective date.

Amends Constitution: Makes Federal Income Taxes Fully Deductible On Oregon Tax Returns

RESULT OF "YES" VOTE: "Yes" vote makes federal income taxes fully deductible on Oregon personal, corporate income tax returns.

RESULT OF "NO" VOTE: "No" vote retains current system limiting federal income tax deduction on Oregon income tax returns.

SUMMARY: Amends Constitution. Under current Oregon law, personal income tax payers, including individuals, may deduct money paid in federal income tax; deduction generally limited to $3000. Currently, corporations paying Oregon income tax get no deduction for federal income tax. Measure makes all federal income tax paid by personal and corporate income taxpayers a deduction on the taxpayers' Oregon income tax returns. Applies only to federal income taxes on income subject to Oregon taxation. Measure effective in tax years starting on or after January 1, 2000.

Amends Constitution: Prohibits Payroll Deductions For Political Purposes Without Specific Written Authorization

RESULT OF "YES"VOTE: "Yes" vote prohibits payroll deductions for political purposes without specific annual written employee authorization.

RESULT OF "NO"VOTE: "No" vote retains current laws governing authorization of payroll deductions for political purposes.

SUMMARY: Amends Constitution. Under current law, payroll deductions are permitted only if authorized in writing by employee, authorized by collective bargaining agreement or required by law; unions cannot require political contributions. Measure prohibits using payroll deductions for political purposes without specific annual written employee authorization. Applies to all employees. Deductions are "used for political purposes" if any portion is spent directly/indirectly on: contributions to candidates or political committees/parties; lobbying; independent expenditures supporting/opposing candidates, ballot measures or proposed initiatives. Imposes civil penalties for violations.

AMENDS CONSTITUTION: VOTERS MUST APPROVE MOST TAXES, FEES; REQUIRES CERTAIN APPROVAL PERCENTAGE

RESULT OF "YES" VOTE: "Yes" vote means voters approve taxes, fees by certain approval percentage; may repeal recent increases.

RESULT OF "NO" VOTE: "No" vote retains current rules for approving, increasing taxes, fees; maintains previously approved taxes, fees.

SUMMARY: Amends Constitution. Currently voters approve taxes by majority vote; not all new, increased taxes, fees require voter approval. Measure requires voter approval after November 7, 2000 of most new, increased taxes, fees by same percentage of voters passing this measure. Requires repeal and refund of certain recent tax, fee increases unless voters approve increase. Exempts some charges, bonded indebtedness, public safety levies from new approval requirement. Public vote not required in limited circumstances. Establishes standards for taxpayer challenge, judicial review of tax measures. Other changes.

Repeals Mandatory Minimum Sentences For Certain Felonies, Requires Resentencing

RESULT OF "YES" VOTE: "Yes" vote repeals mandatory minimum sentences for certain violent and other felonies, requires resentencing.

RESULT OF "NO" VOTE: "No" vote retains mandatory minimum sentences for certain violent and other felonies, maintains existing sentences.

SUMMARY: Laws approved in 1994 as "Measure 11" require minimum sentences for certain violent felonies, conspiracy and attempt to commit certain felonies, committed after April 1, 1995. With limited exceptions, statutes require persons convicted serve full minimum sentence, with no reduction for post-prison supervision, temporary leave. Statutes required persons charged with specified crimes aged 15 to 17 when crime committed be prosecuted as adults. Measure repeals these statutes, requires persons sentenced under them be resentenced under existing sentencing guidelines.

AMENDS CONSTITUTION: STUDENT LEARNING DETERMINES TEACHER PAY; QUALIFICATIONS, NOT SENIORITY, DETERMINE RETENTION

RESULT OF "YES" VOTE: "Yes" vote requires student learning, not seniority, determines teacher pay; qualifications, student learning determine retention.

RESULT OF "NO" VOTE: "No" vote retains current laws for paying, retaining teachers by qualifications, including performance, education, seniority.

SUMMARY: Amends Constitution. Currently, seniority and postgraduate study may determine public school teacher pay, job security. Measure requires public school teacher’s pay, job security to be based on increase in students’ appropriate knowledge while under teacher’s instruction. Allows performance-based pay increases, certain across-the-board cost-of-living increases, retention of most qualified teacher of subject when layoffs occur. Prohibits automatic pay increases, job retention based on seniority. Applies to new or extended collective bargaining agreements signed on/after November 7, 2000.

SUMMARY: Amends constitution. Legislature now has authority to pass laws, refer to voters statutes, constitutional amendments altering initiative, referendum process. Measure prohibits laws or referrals from legislature increasing expense or difficulty of initiative, referendum process, by: increasing required number of signatures; requiring geographical distribution of signatures; constraining people from amending constitution on any subject; or otherwise. Repeals any such laws or constitutional amendments enacted within two years before measure’s effective date. Effect is to prohibit increasing expense, difficulty of initiative or referendum process except through initiative.

Bans Body-Gripping Animal Traps, Some Poisons; Restricts Fur Commerce

RESULT OF "YES" VOTE: "Yes" vote bans: body-gripping traps, commerce in fur from such trapping, certain animal poisons.

RESULT OF "NO" VOTE: "No" vote rejects ban on: body-gripping traps, related commerce in fur, certain animal poisons.

SUMMARY: Prohibits use of steel-jawed leghold traps and other body-gripping traps to capture mammals. Prohibits sale, purchase, barter, exchange of raw fur from mammal trapped in such traps in Oregon. Allows use of specified types of traps for protection of health and safety, animal control, research, and protection of endangered species if permit obtained from Oregon Fish and Wildlife Department. Prohibits use of sodium fluoroacetate, also known as Compound 1080, or sodium cyanide, to poison or attempt to poison any animal. Penalties for violations.

AMENDS CONSTITUTION: PROHIBITS USING PUBLIC RESOURCES FOR POLITICAL PURPOSES; LIMITS PAYROLL DEDUCTIONS

RESULT OF "YES" VOTE: "Yes" vote prohibits using public resources to collect or help collect political funds

RESULT OF "NO" VOTE: "No" vote rejects prohibition on using public resources to collect or help collect political funds

SUMMARY: Amends Constitution. Prohibits using "public fund" to collect, assist collecting "political funds." "Public funds" defined to include public buildings, employee time, equipment and supplies; excludes voter pamphlet statement fees. "Political funds" defined to include expenditures for lobbying, supporting or opposing candidate, ballot measure or initiative petition. Prohibition applies even if public entity reimbursed for using public funds. Would prohibit public employee payroll deduction for union or any other entity using deduction for political purposes or commingling political, non-political funds. Requires monetary penalty for violation.

Amends Constitution: Creates Commission Ensuring Quality Home Care Services For Elderly, Disabled

RESULT OF "YES" VOTE: "Yes" vote creates commission ensuring quality home services for elderly, disabled receiving publicly-funded care.

RESULT OF "NO" VOTE: "No" vote rejects commission ensuring quality home services for elderly, disabled receiving publicly-funded care.

SUMMARY: Amends constitution. Creates nine-member commission ensuring high-quality home care services for elderly, disabled receiving publicly-funded personal care. Members appointed by Governor for three-year terms, confirmed by Senate. Commission would establish home care worker qualifications, registry; provide routine, emergency, respite referrals of qualified care providers; provide training opportunities. Clients would retain right to hire provider of their choosing. Commission would be home care workers’ employer for collective bargaining purposes. Home care workers would have public employees’ collective bargaining rights, could not strike.

Amends Constitution: Legislature Must Fund School Quality Goals Adequately; Report; Establish Grants

RESULT OF "YES" VOTE: "Yes" vote requires legislature to fund school quality goals adequately, issue report, establish equalization grants.

RESULT OF "NO" VOTE: "No" vote rejects requirements that legislature fund school quality goals adequately, issue report, establish grants.

SUMMARY: Amends constitution. Current statutes establish quality goals for education; constitution does not require legislature to fund schools adequately to meet those goals. Measure requires that, in each biennium, legislature fund schools adequately to meet law’s quality goals, publish report either demonstrating funding sufficiency or identifying reasons for insufficiency, its extent, and impact on state’s ability to meet goals. Also requires establishing equalization grant system to eligible districts whose voters approve local option taxes, consistent with any legal obligation to maintain substantial equity in state funding.

Amends Constitution: Creates Process For Requiring Legislature To Review Administrative Rules

RESULT OF "YES" VOTE: "Yes" vote creates process for petitioning legislature to require its review of administrative rules.

RESULT OF "NO" VOTE: "No" vote keeps system not requiring legislative approval for administrative rules to remain in effect.

SUMMARY: Amends constitution. Current law does not require legislative review of administrative rules. Measure allows voters to require legislative review of administrative rules at next regular session when petition, signed by at least 10,000 voters, is filed listing affected rules. Rule remains effective until reviewed by legislature, but rule ceases to be in effect unless approved. If governor vetoes bill, rule is disapproved unless legislature overrides veto. If rule is not approved, state agency may adopt new rule on same issue, but legislative review is required.

Amends Constitution: Requires Conviction Before Forfeiture; Restricts Proceeds Usage; Requires Reporting, Penalty

RESULT OF "YES" VOTE: "Yes" vote requires conviction before property forfeiture; restricts use of proceeds; requires reporting; declares penalty.

RESULT OF "NO" VOTE: "No" vote rejects: requiring conviction before forfeiture; restricting use of proceeds; requiring reporting; declaring penalty.

SUMMARY: Amends constitution. Current law does not require conviction before property forfeiture. Measure prohibits property forfeiture unless owner or interest-holder has been convicted of crime involving property. Forfeited property’s value must be proportional to crime. Contraband, unclaimed property may be forfeited without conviction. Forfeited property’s sale must be conducted in commercially reasonable manner. Prohibits applying sale proceeds to law enforcement. Sets priorities for distribution: foreclosed liens, security interests, contracts; forfeiture costs; state drug treatment. Restricts transferring proceedings to federal government. Requires reporting, penalty. Other provisions.

Dedicates Tobacco-Settlement Proceeds; Earnings Fund Low-Income Health Care

RESULT OF "YES" VOTE: "Yes" vote creates tobacco settlement trust fund; earnings dedicated to low-income health care.

RESULT OF "NO" VOTE: "No" vote leaves use of tobacco-settlement proceeds unrestricted, rejects creation of health trust fund.

SUMMARY: Currently, use of proceeds from settlement with tobacco products manufacturers is unrestricted. Measure places entire settlement into trust fund. Requires continuous appropriation of all fund earnings, for medical, dental, other remedial care services for low-income persons. Principal may be used for those purposes if court order or settlement agreement requires principal to go to federal government, or upon 2/3 approval by legislature when certain economic conditions indicate presence or likelihood of recession. Prohibits appropriations for other purposes, or under other conditions, absent voters’ approval.

Expands Circumstances Requiring Background Check Before Transfer Of Firearm

RESULT OF "YES" VOTE: "Yes" vote expands Oregon background check before firearm transfer at gun show or by dealer.

RESULT OF "NO" VOTE: "No" vote rejects expanding current Oregon background-check requirement beyond handgun transfers by gun dealers.

SUMMARY: State law currently requires background check before gun dealer sells handgun. Measure requires: background check before gun dealer transfers any firearm; background check, or transfer through gun dealer, before nondealer may transfer firearm at "gun show" (event with over 25 available firearms present). Noncompliance creates criminal liability. Retains background information five years; bars disclosure under Public Records Law. Expands crimes of providing false information, improper transfer, to include transfers of all firearms, not just handguns. Other changes.

Provides Public Funding To Candidates Who Limit Spending, Private Contributions

RESULT OF "YES" VOTE: "Yes" vote provides limited public funding to candidates accepting limits on spending and private contributions.

RESULT OF "NO" VOTE: "No" vote retains system of no public funding, unlimited private contributions to state office candidates.

SUMMARY: Provides for limited public funding of qualifying candidates’ campaigns for Governor, Secretary of State, Treasurer, Attorney General, state senator, representative. Candidates qualify by: (1) agreeing to accept only certain permitted contributions and make expenditures only from those sources; (2) receiving specified number of $5 contributions from Oregon residents. Creates fund to finance qualifying candidates’ campaigns. After qualifying, candidates may spend revenues only from fund, remaining permissible private contributions. Mandates adequate funding. Partially repeals political tax credit. Increased disclosure requirements. Penalties for violations. Other changes.

Amends Constitution: Requires Payment To Landowner If Government Regulation Reduces Property Value

RESULT OF "YES" VOTE: "Yes" vote requires state, local government pay property owner if law, regulation reduces property value.

RESULT OF "NO" VOTE: "No" vote rejects requiring government pay compensation if law or regulation reduces property value.

SUMMARY: Amends Constitution. Oregon Constitution prohibits taking private property for public use without just compensation. Oregon Supreme Court has not required compensation when property value merely reduced. Measure requires state, local governments pay landowner amount of reduction in market value if law, regulation reduces property value. Compensation required if owner must act to protect certain natural resource, cultural values or low income housing. Exemption for historically recognized nuisance laws or if owner sells alcohol, pornography, operates casino. Applies if regulation adopted after owner aquires (sic) property.

Amends Constitution: Limits State Appropriations To Percentage Of State's Prior Personal Income

RESULT OF "YES" VOTE: "Yes" vote limits state appropriations to 15 percent of state’s personal income in prior biennium.

RESULT OF "NO" VOTE: "No" vote leaves constitution without limit on appropriations for state government expenditures.

SUMMARY: Amends constitution. Constitution requires legislative appropriation before spending state, federal funds in treasury; does not limit appropriations. Statute limits growth rate of appropriations for general governmental purposes. Measure limits biennial state appropriations to 15 percent of state’s personal income in prior biennium. Exempts most appropriations funded by state-issued bonds. Would have required over $3.7 billion cut in current biennium’s appropriations. Increasing limit requires Governor’s emergency declaration, ¾ approval of each legislative house. Distributes revenues over limit (except from dedicated investment funds) to taxpayers.

PROHIBITS PUBLIC SCHOOL INSTRUCTION ENCOURAGING, PROMOTING, SANCTIONING HOMOSEXUAL, BISEXUAL BEHAVIORS

RESULT OF “YES” VOTE: “Yes” vote prohibits public school instruction encouraging, promoting, or sanctioning homosexual/bisexual behaviors; provides penalties.

RESULT OF “NO” VOTE: “No” vote rejects proposal to prohibit public school instruction encouraging, promoting, sanctioning homosexual/bisexual behaviors.

SUMMARY: Amends statutes. Prohibits public schools from instructing on behaviors relating to homosexuality and bisexuality in a manner that encourages, promotes or sanctions such behaviors. Provides sanctions for noncompliance by any public elementary or secondary school or by any community college, including loss of all or part of state funding.