No Fake Emergencies!


This is the official ballot title:

Amends Constitution: Requires two-thirds supermajority for legislature to declare emergency that accelerates law's effective date; exceptions
Result of "Yes" Vote: "Yes" vote requires two-thirds supermajority for legislative emergency declaration that makes law effective earlier than ninety days after legislative session ends; specified exceptions.
Result of "No" Vote: "No" vote retains existing requirement of a simple majority for legislative emergency declaration that makes law effective earlier than ninety days after legislative session ends.
Summary: Currently, the Oregon Constitution provides that no law takes effect until ninety days from the end of the session at which it was passed, unless an emergency has been declared in the preamble or body of the law. The legislature may not declare an emergency in any act regulating taxation or tax exemptions. Laws, including budget appropriations, passed without an accompanying emergency declaration may be subject to voter referendum to affirm, revise or repeal. Currently such emergency declarations may be adopted by majority vote of legislature. Measure would require two-thirds supermajority in both chambers of legislature to adopt emergency declaration; exception in some circumstances for bills passed in direct response to "catastrophic disasters" under Article X-A of Constitution, and for certain appropriation bills.


This is the exact text of the measure:

The People of Oregon amend Article IV, Section 28 of the Oregon Constitution as follows:
(1) No act shall take effect, until ninety days from the end of the session at which the same shall have passed, except in case of emergency; which emergency shall be declared in the preamble, or in the body of the law.
(2) (a) Two-thirds of the members of each House shall be necessary to pass a bill declaring an emergency.
(b) Paragraph (a) of this subsection does not apply to:
(A) Bills passed in direct response to a "catastrophic disaster" declared by the Governor within an emergency legislative session operating under Article X-A of this Constitution.
(B) Bills limited to the biennial appropriation of funding for current and ordinary expenses of state government or Oregon's K-12 public school system in a regular legislative session under Article IV, Section 10(1)(a). "Current and ordinary expenses" shall not include:
(I) Expenditures for activities or programs of agencies, institutions, organizations that were not funded in the prior biennial budget;
(II) Biennial budget increases to agencies, institutions or organizations in excess of 12% above the prior biennium; or
(III) Any bills appropriating funds for capital expenditure projects that include an authorization for debt financing that will not be fully repaid in two years.
(C) Bills limited to reducing appropriations in order to balance the state budget during a revenue shortfall.


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