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HomeMy WebLinkAbout1996-11-05 - Voters Pamphlet - State • • rm CD CD > C i = W • CD - ---h cn m % M Cn �F :10 • • • •r • • 1 0-) UP) ° --� Cn C7 0 co c o CD CD =r cv ��� ° ° cn rn Q CD CD CD S T � � CD -6 fa>� A r ZIP co C) CD 3 on CD(r i < o' O m cn Fn- CD 7m co Q' =3 < O CD cn o CD SW CD =T ° �� 1/�� can O CD CD CD CL CL f A O En N CD CD O V' l^► r F PHIL K E I S L I N G STATE OF OREGON SECRETARY OF STATE fQ, SECRETARY OF STATE MICHAEL GREENFIELD N r t 136 STATE CAPITOL DEPUTY SECRETARY OF STATE X.. SALEM,OREGON 97310-0722 (503)986-1500 Dear Oregonian: THIS IS VOLUME 1 OF THE 2-VOLUME 1996 GENERAL ELECTION VOTERS' PAMPHLET. What you hold in-your hands is the result of the unusually high number of measures filed by initiative (16) and referendum (1) petition for the November, 1996 General Election. Combined with the six measures referred by the 1995 Legislative Assembly for voter approval, your ballot will contain 23 statewide measures for your consideration. With the ballot titles, text, fiscal impact and explanatory statements, and the arguments in favor and in opposition,this volume alone, at 248 pages, is the largest Voters' Pamphlet ever pub- . lished by the Secretary of State. In reading the information about each ballot measure, you will notice that some will have a ballot title outlining the results of a"Yes"vote and of a"No"vote. Those ballot titles which do not have this language were filed before the statute requiring that information was enacted. Volume 1 contains important information about registering to vote, updating your voter reg- istration and obtaining absentee ballots from your county elections official. If you, or any eli- gible member of your household, are not now registered to vote, please seriously consider doing so. With the critical decisions facing our national, state and local communities this election, your personal participation will increase the probability that the right choices are made and will strengthen the safeguards provided by an informed and active electorate. 0. Volume 2 of the 1996 General Election Voters' Pamphlet will contain the list of state mea- sures and candidates, polling place locations, voting instructions, political party statements and the statements filed by individual candidates. In addition, your county may have chosen to publish its County Voters'Pamphlet in combination with Volume 2. Some counties may be mailing a County Voters'Pamphlet separately. Volume 2 will be mailed to every Oregon household the week of October 16. As you acquaint yourself with the measures in this volume,you will be reading fiscal impact statements that have been prepared by a committee of state officials. Under state law, the committee is allowed to estimate only the "direct impact"on state and local governments. These are estimates based on the best information readily available; indirect consequences or costs which are too conjectural are not included. Other potential impacts—to businesses, families, the economy, etc.—are not included in these estimates. You will need to derive that information from the arguments of the proponents and opponents and your own calculations. Make sure you are registered and please vote on November 5. Best, PVG Phil Keisling Secretary of State t Official 1996 General Election Voters'Pamphlet—General Information Information E The estimate of financial impact for each measure is prepared by GENERAL a committee of state officials including the Secretary of State,the State Treasurer, the Director of the Oregon Department of Your official 1996 General Election Voters' Pamphlet is divided Administrative Services and the Director of the Department of into two separate volumes. This is a result of having 23 Revenue. The committee estimates only the direct impact on statewide measures on the ballot and 365 arguments filed in state and local governments. support of or in opposition to these measures. The amount of information to be included in the voters' pamphlet was too large The explanatory statement is an impartial statement explaining to be bound into one book in a cost-effective manner. the measure. Each measure's explanatory statement is written by a committee of five members, including two proponents of the This is Volume 1 and contains information on the statewide ballot measure, two opponents of the measure and a fifth member measures, as well as information on registering to vote and appointed by the first four committee members. obtaining an absentee ballot. Volume 2 will include the list of state measures and candidates, statements submitted by state Citizens or organizations may file arguments in favor of, or in candidates, political party statements, polling place locations, opposition to,measures by purchasing space for$500 or by sub- voting instructions and other miscellaneous voting aids. It may mitting a petition signed by 2,500 voters.Arguments in favor of a also include your county voters'pamphlet if your county chooses measure appear first,followed by arguments in opposition to the to produce a voters' pamphlet in combination with the state. measure,and are printed in the order in which they are filed with Volume 2 will be mailed the week of October 16. the Secretary of State's office. For each of the 23 statewide measures in this voters' pamphlet Additionally, measures.26 through 31 were referred to Oregon you will find the following information: voters by the 1995 Legislature and you will find a "Legislative (1) the ballot title; Argument in Support"for each of these measures. Oregon law (2) estimate of financial impact; allows the Legislature to submit,at no cost, an argument in sup- port of each measure it refers to the people. (3) complete text of the proposed measure; (4) explanatory statement;and The Voters' Pamphlet has been compiled by the Secretary of (5) arguments filed by proponents and opponents of the State since 1903,when Oregon became one of the first states to measure. provide for the printing and distribution of such a publication. One copy of the Voters' Pamphlet is mailed to every household The ballot title is drafted by the Attorney General's office. It is in the state. Additional copies are available at the State Capitol, then distributed to a list of interested parties for public comment. local post offices,courthouses and all county election offices. After review of any comments submitted, the ballot title is certified by the Attorney General's office.The certified bal- lot title can be appealed and may be changed by the Oregon Supreme Court. ATTENTION: The State of.Oregon prints measure arguments as submitted by the author. The state does not correct punctuation, grammar, syntax errors or inaccurate informa- tion. The only changes made are attempts to correct spelling errors if the word as originally submitted is not in the dictionary. TABLE OF CONTENTS Page Page AbsentVoter...................................................................... 245 State Measure No.38....................................................... 115 State Measure No.26....................................................... 4 State Measure No.39....................................................... 131 StateMeasure No.27....................................................... 9 State Measure No.40....................................................... 140 State Measure No.28....................................................... 17 State Measure No.41 ....................................................... 152 s State Measure No.29....................................................... 19 State Measure No.42....................................................... 158 State Measure No.30....................................................... 22 State Measure No.43....................................................... 163 State Measure No.31 ....................................................... 29 State Measure No.44....................................................... 181 State Measure No.32....................................................... 38 State Measure No.45....................................................... 200 State Measure No.33....................................................... 65 State Measure No.46....................................................... 206 State Measure No.34....................................................... 68 State Measure No.47....................................................... 213 StateMeasure No.35....................................................... 78 State Measure No.48....................................................... 238 State Measure No.36....................................................... 90 Voter Registration.............................................................. 247 State Measure No.37....................................................... 107 ELECTION DAY IS TUESDAY, NOVEMBER 5, 1996 Polls are open from 7 a.m. to 8 p.m. 3 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 26 Measure No. 26 Senate Joint Resolution 32—Referred to the Electorate of EXPLANATORY STATEMENT Oregon by the 1995 Legislature to be voted on at the General Election,November 5, 1996. Currently, the Oregon Constitution provides that laws for the punishment of crime must be based on reformation and not on BALLOT TITLE vindictive justice. This measure deletes this provision of the Oregon Constitution WK0S'C rruTIION..WAIWO"9 and provides instead that laws for the punishment of crime must tlj1 , 1�E'S t11i'j ( }I'I�R�Ft��� u be based on protection of society, personal responsibility, OF Cow accountability for one's actions and reformation. ' j ESUL "�Yesll vie 00,641s,vi ���' Committee Members: Appointed by: prohlbtttott,.td rsf7ptttl ; ctiuritbtlijy,s€? tt� ofeCt Senator Randy Miller* President of the Senate �•bttm+mil# Mof fi ? Representative Jane Lokan Speaker of the House Lowen Berman* Secretary of State tT Ne vote retains dons tttf j pravi= David Schuman Secretary of State sl�lt�asing t +ts lr rnttttl puntsltrttttt ern rgffmgh tt yili»„ Henry Drummonds Members of the Committee � 0 jttsfree *Member dissents(does not concur with explanatory statement) $U fitlMAR Tt s rtt ur fawn ,the state,constittf� The St#ttitigr7 Ow vrr��tl �f�r,�'s•fvi riisr[ . ff1}#7lcftltt,BrYd (This committee was appointed to provide an impartial explanation of the justice"The rnea$U 6 t aCi t ballot measure pursuant to ORS 251.215.) ul i stating that taws fit?1tie pu lsl �t f'di` t t tai'; > on these princFp s °pti tOtt I'd ft Of 5 W3 �br j aoCotinaballty for otae s acttans 1t " f � �� i fl�ANIAt�144PAT."IUo�1tt�dl effMott smote vf; l gaat�t�xdites ar reu�ts ,"H Be It Resolved by the Legislative Assembly of the State of Oregon: PARAGRAPH 1.Section 15, Article I of the Constitution of the State of Oregon,is amended to read: Sec.15.Laws for the punishment of crime shall be founded on [the] these principles: [of reformation, and not of vindictive jus- tice.-]protection of society,personal responsibility,account- ability for one's actions and reformation. PARAGRAPH 2. The amendment proposed by this resolu- tion shall be submitted to the people for their approval or rejection at the next regular general election held through- out this state. NOTE: Boldfaced type indicates new language; [brackets and italic]type indicates deletions or comments. n z 4 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 26 Measure No. 26 LEGISLATIVE ARGUMENT IN SUPPORT ARGUMENT IN FAVOR Ballot Measure 26 amends the Oregon Constitution to provide, Any Constitutional Amendment deserves solemn consideration. that laws for the punishment of crime must be based on protec- This amendment points up our true enemy: SATAN -that fallen tion of society, personal responsibility, accountability for one's archangel -and his demonic spirits.They enter people and they actions and reformation. cause the people to do harm.Jesus said: The daily newspaper carries stories about random crimes "I beheld SATAN as lightning fall from heaven" LUKE 10:18 against innocent bystanders and we are continually shocked by SATAN beguiled Eve and procured the entrance of sin into the ` the reports that on today's streets, children are killing children. world.With sin came evil in all its forms and including premature Remember the horrific story of a teenage boy who purposely ran death. over a young girl simply for the thrill of doing it.The current sys- tem of criminal justice can no longer handle today's criminal... SATAN knows that his destination is the Lake of Fire where adult or juvenile. the fire is not quenched and the worm turneth not. It is a place where there is grinding and gnashing of teeth. His plan is to take Currently, the Oregon Constitution provides that "laws for the as many persons with him as he can.He is vindictive. punishment of crime shall be founded on the principles of refor- mation, and not of vindictive justice."This means that reforming To thwart him we must abandon VINDICTIVENESS the criminal's behavior is the highest and only guiding principle for criminal laws. Each person has been allotted the power of choice. This amendment points up the power of choice by the insertion of the We believe that this 136-year-old provision of the Oregon words"personal responsibility" Constitution no longer is adequate in dealing with the type of criminal that stalks our citizenry. Our divine and holy God has given us choice which is brief, and yet endless: People are terrorized by criminals that in many cases cannot be reformed because they are blinded to their own violent behav- "Behold,I set before you this day a blessing and a curse." ior... criminals that demonstrate a lack of empathy and remorse Dueteronomy 11:26 for their victims... criminals that have not been held accountable or taken responsibility for their actions by the criminal justice sys- tem. Until now. (This information furnished by Bartlett Field Cole.) You have the opportunity to vote for the protection of your fami- lies and your neighbors.The people who break the laws must be held personally accountable for their actions and the damage they have done to their victims; and only then does a change in the criminal behavior begin. We ask for your vote to help make Oregon a safer place for all. Please vote yes on Measure 26. Committee Members: Appointed by: Senator Gordon H.Smith President of the Senate Representative Chuck Carpenter Speaker of the House Representative Beverly Clarno Speaker of the House (This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to 1993 Or.Laws 811 §10.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 5 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 26 Measure No. 26 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Read what Attorney General Ted Kulongoski, our highest Measure 26 is straight forward. It is meant to be nothing less elected law enforcement official says about Measure 26: than a cornerstone upon which we may build a more civil society. Great care was taken to make the words simple and to accurate- "...In my recent service as chair of the Governor's Task Force ly reflect desired values. on Juvenile Justice,it became clear to me that reformation alone is not enough to combat crime in Oregon. Certain types of crimi- We see Measure 26 as the yardstick against which statutory nals, whether adults or juveniles, are beyond reformation. We legislation will be tested. Does the proposed legislation protect need to ensure that criminals are personally responsible for their the public? Does it hold offenders accountable and personally crimes." responsible for what they have done? Does it provide an oppor- tunity for reform? "When a citizen agrees to abide by the laws of this state, that person has a reasonable expectation that lawmakers will protect We see Measure 26 affecting institutional policy. The many him of her from those who decide to live outside the law. If we sides of corrections, parole and probation as well as rule making expect law-abiding citizens to continue to have confidence in should be held to these same principles. government, we must restore balance within the criminal justice system." The values of personal responsibility and accountability are those of a free people in a free society. Only if we are responsi- "Measure 26 will restore balance by providing that laws for the ble for our acts,can we maintain our freedom. punishment of crime shall be founded on the protection of soci- ety, reformation and that criminals be held personally responsi- Regardless of our many social ills,we must never use them to ble and accountable for their actions." justify the taking of someone's property,their body or their life. If one is not responsible for their acts then the state must take "It is imperative that government re-establish credibility with its responsibility. We cannot say that my poverty, my abuse, my citizens.We need to let Oregonians know that we are on the side addiction, my race, my neighborhood makes me do crime. of law-abiding citizens.A vote in favor of this resolution is a step Assuming victimhood is not an excuse for crime. in that direction." Some complain that the phrase "and not of vindictive justice" The Attorney General went on to say: should be left in. But they forgot that when we left in that phrase , in a 1989 proposal,they still opposed it.Their real reason is that "One of the problems the public has is that they do not think they don't want people to be personally responsible. They want that the system is fair and balanced,for the protection of society, society to be responsible. for the victim, for you and me. What I believe we will do by putting this out to a vote of the people is give them the opportuni- This measure is a statement about what our system should be. ' ty to put their mark on a spot that says, you know I agree with It is not about what it ought not be. Only Oregon and Indiana this, this is what the system is supposed to be about...I Think if make reference to vindictive justice. Does that mean that you were writing the constitution today you would put this clause Washington and Kansas and Minnesota have vindictive laws? in the constitution.There is no doubt in my mind." Hardly. Attorney General Kulongoski, Measure 26 passed the Senate 24 to 3 and the House 54 to 1. House Judiciary Committee,4/21/95 Let's just do it! Bob and DeeDee Kouns, (This information furnished by Bob and DeeDee Kouns, Crime Victims Crime Victims United United.) (This information furnished by Bob and DeeDee Kouns, Crime Victims United.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ' ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 6 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 26 Measure No. 26 ARGUMENT IN FAVOR ARGUMENT IN FAVOR ARGUMENT IN FAVOR MEASURE 26 Dear Fellow Oregonian, On the Senate Floor:4/11/95 Ballot Measure 26 is a proposed constitutional amendment that would help this state re-balance the scales of justice. Randy Miller,(R) "This is a change in our Constitution that is long, long overdue. This measure is relatively straightforward. Currently, the t It is a product of much thought,much debate,and it is good poli- Oregon Constitution states that laws relating to the punishment cy for the state of Oregon." of a crime be founded solely on the principle of reforming the criminal. Ballot Measure 26 simply states that our criminal justice Paul Phillips,(R) system should reflect other priorities—priorities such as protect- "if there is one criminal law measure that we are able to work mg citizens of this state and holding criminals responsible and on this session that will be a hallmark for this session and some- accountable for their actions. thing the public has been crying out for,for the last 20 years in this state,this is the measure that does it! I encourage you all to While reforming the criminal should be one goal of our criminal vote for it." laws, it should not be our highest and only priority.We are living in a society that is being terrorized by a criminal element that in Letter To House Judiciary,4/21/95 many cases can't be reformed. A fundamental responsibility of the state should be to protect its citizenry. Rick O'Dell Program Manager,J.Bar J.Youth Services: "I've worked directly with offenders in a rehabilitative/treatment Our citizens are disenchanted with the criminal justice system, setting as a counselor, treatment coordinator and program man- and their disenchantment is justified. We have a system that in ager for 15 years. I feel unequivocally that these changes for our many ways focuses on helping criminals and not on protecting Constitution would be helpful, not hurtful to the treatment of our neighborhoods and our families. We have a system that in offenders.Accountability is the cornerstone of treatment." some respects is out of balance;but,we have at hand a solution that will re-tip the scales of justice so all of our citizens are pro- House Judiciary Hearing:4/21/95 tected by the Constitution. If you, the voters of Oregon, approve this amendment to the Bryan Johnston,(D) Oregon Constitution we will take the first step in laying a new "This should be the policy of the State of Oregon." cornerstone for our criminal justice system—a criminal justice system with new priorities. House Floor:5/4/95 At every stage of the criminal justice system—in the courts, in Chuck Carpenter,(R) the parole system, in the sentencing process—we would have a "If voters approve, Oregon will take the first step in laying a new base for how we treat criminals,and law abiding citizens. new cornerstone for our criminal justice system." Ballot Measure 26 is not about politics, it is not about Lisa Naito,(D) Democrats or Republicans, liberals or conservatives. Ballot "This is a statement of the principles on which our system Measure 26 is about justice. should be founded. There are many things we could list as to what a criminal justice system should not be based on. It should Please join me in voting yes on ballot measure 26. not be based on discrimination,for instance. It should not be vin- dictive. It should not be mean-spirited. The list could go on and Sincerely, on.The intent is that there can be no justice that is vindictive." John Minnis,(R) Bev Clarno "All i can say,'it's about time!"' Speaker of the House Floyd Prozanski,(D) "It makes the playing field even." (This information furnished by Bev Clarno,Speaker of the House.) (This information furnished by Bob and DeeOee Kouns, Crime Victims United.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 7 CONTINUED Official 1996 General Election Voters'Pamphlet Statewide Measures Measure No. 26 ARGUMENT IN OPPOSITION THE AMERICAN CIVIL LIBERTIES UNION OF OREGON ASKS YOU TO VOTE NO ON MEASURE 26 f Although Measure 26 will add some worthy concepts to the Oregon constitution, it will also remove a very important principle that is unique to the Oregon Bill of Rights. In 1859, Oregon adopted its own Bill of Rights which purposely r differed from the federal Bill of Rights in many ways. It gives Oregonians greater protection from government intrusions into our private lives than the federal constitution. REFORM,NOT VENGEANCE Article I, Section 15 of the Oregon Bill of Rights currently pro- vides that"laws for the punishment of crime shall be founded on the principles of reformation and not of vindictive justice." There is no comparable principle in the federal Bill of Rights. Measure 26 will amend the Oregon Bill of Rights to say that laws for the punishment of crime will be based on the following princi- ples:"protection of society,personal responsibility,accountability for one's actions and reformation." Those are sound additions to the constitution.In fact,the Oregon legislature has used those principles when creating punishments for crimes. However, it is very disturbing that Measure 26 will delete the prohibition against vindictive justice from our constitution. This prohibition against revenge says something very important about who we are as Oregonians and how we will deliver justice. r UNIQUE OREGON RIGHTS ENDANGERED Measure 26 is one of a series of measures this year that seek to repeal important parts of the Oregon Bill of Rights. In addition to Measure 26, Measures 31 and 40 attempt to bring Oregon into lock-step with the federal constitution as it has been interpreted by unelected federal judges. All of these measures should be opposed by Oregonians who cherish their freedom. SAVE THE OREGON BILL OF RIGHTS. DON'T REMOVE OREGON'S BAN ON VENGEANCE. VOTE NO ON MEASURE 26. (This information furnished by David Fidanque, American Civil Liberties Union of Oregon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 8 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 27 Measure No. 27 Senate Joint Resolution 12—Referred to the Electorate of Assembly adopts a joint resolution approving the adminis- Oregon by the 1995 Legislature to be voted on at the General trative rule. Election,November 5, 1996. (3)The Legislative Assembly shall establish by law a joint committee on administrative rule oversight composed of members of both houses of the Legislative Assembly. The BALLOT TITLE members of the committee from the House of Representatives shall be the Speaker of the House and members of the House appointed by the Speaker of the M' Os'� f,�1�1fa, #" }pf.0 ti4NT �( �: House.The members of the committee from the Senate shall °� v be the President of the Senate and members of the Senate New appointed by the President of the Senate. The committee shall exercise, during the interim period between sessions of the Legislative Assembly, the powers described in this FIESULT Q '"� � 1fVt'�' rtt, t�f � rlB'n section in addition to such powers as may be conferred rules expire u teas'f t to 5 i 31!e i> a wo 00-MAYX80 upon it by law. exisiC►g fuiet (4)As used in this section: (a)"Administrative rule"means any state agency directive, RESULT OF 44W VdT joy ot*re girt 'Corte h �3 tdM, standard, regulation or statement of general applicability slowing admtnfstr re rule :ttt sta�€ait eft ttiti t islat(ye', that implements, interprets or prescribes law or policy or approval, describes the procedures or practices of a state agency,but does not include agency internal management directives, SUMMAW Ameridt't�tit 2 t _ regulations or statements which do not substantially affect e adopted artd st ti tft $ff f wit 60t 4e # t ve ptt �tiz the interests of members of the general public. l ogislaturt3 mad re ,ilre trt 0han0e t e y �r (b) "State agency" means any elected or appointed state statutes; subject to, W"� 5 N # � u ' r lit officer, board, commission, department, agency or institu- gartCteS tr?•flEi now, a�' cM#T4�(te , kos lion, except those in the legislative and judicial branches, w�(I ex i after l isfirt 88 rr c[ s ( ��re any of which is authorized by law to adopt administrative aj coves ruler laiitt � a 1 it r, rules. #ee•(nay 44w any r "W or� �� aid,� .�►u�t. taks p atn0n1 f ty l i � rW u res. PARAGRAPH 2.The amendment proposed by this resolu- unless legial8tul'a apjroves b) �6t C kill tion shall be submitted to the people for their approval or rejection at the next regular general election held through- °-STIMATF.OF FINANOIAL tl IR CT'"tart tit out this state. ed at$SM; has do the IW stx r e Ertl iW Wed 143°%n of rule ch grig adopted by gertcl to sllQ° U h°are eatr> ert #: $123,000 Be It Resolved by the Legislative Assembly of the State of Oregon: PARAGRAPH 1. The Constitution of the State of Oregon is amended by creating a new section 5 to be added to and made a part of Article III and to read: SECTION 5. (1) An administrative rule adopted by a state agency after the effective date of this section has no further force and effect after the next adjournment sine die of the Legislative Assembly following the adoption of the rule unless the Legislative Assembly adopts a joint resolution approving the rule. (2)(a)Upon adopting an administrative rule,a state agency must file the rule with the joint committee established under subsection(3)of this section. (b) Upon the request of a member of the Legislative Assembly or the request of a person affected by an adminis- trative rule, the joint committee established under subsec- tion (3) of this,section may review any administrative rule adopted by a state agency,without regard to when the rule was adopted. The joint committee shall take public testimony regarding any rule reviewed under this section. The state agency shall provide to the joint committee the record on which the state agency relied,including any testi- mony received at public hearings held by the state agency. (c)If the joint committee established under subsection(3) of this section approves the administrative rule after review, the rule shall continue in effect. If the joint committee does not approve the administrative rule, the administrative rule shall have no further force and effect unless the Legislative 9 CONTINUED Official 1996 General Election Voters'Pamphlet.—Statewide Measures Measure No. 27 Measure No. 27 EXPLANATORY STATEMENT LEGISLATIVE ARGUMENT IN SUPPORT This proposed amendment to the Oregon Constitution would The Legislative Assembly frequently gives state agencies give the legislative branch greater authority over administrative broad rulemaking authority for the purpose of implementing laws. rules adopted by state agencies in the executive branch of gov- The rules adopted by state agencies pursuant to this authority F ernment. Administrative rules are defined to include agency have the force and effect of law. Unfortunately,some state agen- actions that implement,interpret or prescribe law.or policy. cies have exceeded this authority. If this amendment is approved,all administrative rules adopted Most state agencies are run by appointed administrators,direc- by state agencies after the effective date of the amendment tors or commissions that are not directly accountable to the elec- would have to be approved at the next session of the Legislative torate for the rules they adopt. Measure 27 proposes a constitu- Assembly. In order to approve new rules, the Legislative tional amendment that would return to citizens and legislators the Assembly would have to pass a joint resolution. If a rule is not responsibility for rules passed by state agencies. Measure 27 approved, the rule would have no force and effect after the accomplishes this in two ways. adjournment of the Legislative Assembly. First, Measure 27 would require the Legislative Assembly to The proposed amendment would also require that the pass a joint resolution at each legislative session approving rules Legislative Assembly create a joint legislative committee on rule adopted since the last legislative session. Any rule not so oversight. The membership of the committee would consist of approved would cease to have effect.A rule will remain in effect the Speaker of the House of Representatives and the President only if the Legislative Assembly affirmatively approves the rule of the Senate, along with members of both houses appointed by passed by a state agency. the Speaker and the President. The committee would function between legislative sessions. Second,Measure 27 directs the Legislative Assembly to form a joint legislative committee on rule oversight. This committee will The joint committee on rule oversight would have the authority operate during the interim between legislative sessions and will to disapprove administrative rules.This authority would extend to provide an avenue for Oregonians to challenge burdensome all administrative rules, without regard to when they were rules. State agencies will be held accountable for how a rule is adopted. The committee may review a rule upon the request of administered.After receiving information and taking testimony in any legislator or person affected by a rule.The committee would a public hearing,the committee would have the authority to dis- receive information from the agency that adopted the rule. The approve of a rule. If the full Legislative Assembly wished to rein- committee is required to take public testimony on the rule. If the state the rule,they could do so by adopting a joint resolution at a committee approves the rule,the rule would continue in effect. If subsequent session. the committee does not approve the rule,the rule would have no further effect unless the Legislative Assembly subsequently Measure 27 will return responsibility and control over the rules adopts a joint resolution approving the rule. process to the citizens of Oregon. This measure shifts power from government bureaucrats to the people.We strongly recom- Committee Members: Appointed by: mend the adoption of the constitutional amendment proposed by Senator Marylin Shannon President of the Senate Measure 27. Representative Lynn Snodgrass Speaker of the House Senator Ron Cease Secretary of State Committee Members: Appointed by: Senator Dick Springer Secretary of State Senator Randy Miller President of the Senate Bonnie L.Hays Members of the Committee Representative Lynn Lundquist Speaker of the House Representative Lynn Snodgrass Speaker of the House (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) (This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to 1993 Or.Laws 811 §10.) 10 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 27 Measure No. 27 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Oregon Farmers and Ranchers Urge a YES vote on#27 It is time to stop government waste and to improve government accountability. Strengthen control of State Agencies by OUR ELECTED Legislature. In order to streamline government, we need to reduce the num- ber of rules and regulations placed on all Oregonians. That is Better Review by Elected Representatives why the legislature referred Measure 27, Administrative Rule Some State agencies have written rules that go beyond the Reform,to the voters. intent of the legislature. This measure will reestablish the authority of the elected representatives to make the polices In Oregon, .203 state agencies and commissions have the that affect us all! authority to write rules and regulations. Even though the 1995 legislature passed fewer laws, administrative agencies have pro- Executive Branch Is Too Powerful duced more rules.These rules are without appropriate legislative The executive branch of state government already has oversight. Since 1975, the number of new and amended rules checks over the legislative branch: the veto, executive added to the books has increased each year at an alarming rate. appointments of policy-level boards and commissions, In 1975, agencies adopted 433 rules. In 1994, they adopted appointment of administrators to head government 6,868.That is an increase of 1,450% agencies. Excessive rules and regulations cost each of us in higher prices Bring Oregon Government Back Into Balance and lost opportunities. There are simply too many of them.That Each year fewer laws are enacted, but many more adminis- is why it is important to act now. trative rules are written by unelected agencies which govern many aspects of our lives and livelihoods. Today the state Currently there is no effective check on unjust rules or quick bureaucracy grows with more power and authority. This solutions to contradictory rules from different agencies. Measure amendment brings back the power to the citizens' elected 27 will provide for needed accountability. It will allow for review of representatives. administrative rules by those who are elected, not governmental agencies: Strengthen Our Citizen Legislature. Farmers and ranchers support a review process which On November 5th, you have the opportunity to put some com- brings agency rules back to assure compliance with legisla- mon sense back into the administrative rule process.This refer- tive intent. This will strengthen our citizen Legislature and rals requires approval by the full legislative assembly before create a government more in the consent of the governed. agency rules become final. And it allows those who are affected by a rule to petition an interim legislative committee to tempor- We, the board of directors of the,Oregon Farm Bureau, arily suspend the rule until the next legislative session. urge you to VOTE YES on Measure 27. Please Join us in making Oregon government more responsive to the people. Agencies are not required to face elections, so they do not always face the true frustrations of citizens. Input is often limited, and agencies make rules that cost Oregon taxpayers millions of dollars. (This information furnished by Board of Directors, Oregon Farm Bureau: John Rossner, President;Stan Hendy, Rick Miller, Daryl Hawes, Debbie Join us in reducing government waste and increasing account- Scott, Vice Presidents;Larry Lear,Norm Pratt,Joan Silver,Tracey Liskey, ability.Vote YES on Measure 27. Camille Hukari, Barry Bushue, Jack Burkhart, Dean Freeborn, Kathy Smith,Keith Nelsen, Neil Westfall, Charlie Barlow,Edmund Duyck,Doug Krahmer,Howard Sand,Board Members;Andy Anderson,Greg Leo,Don Schellenberg,Pete Test,Staff.) (This information furnished by Brady Adams,Senate Majority Leader and Neil Bryant,Senate Majority Whip,Ballot 96 Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 11 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 27 Measure No. 27 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Support Administrative Rule Reform Vote yes on Measure 27. Over 30,000 state government regulations since 1985! The number of laws passed by the legislature have been decreasing in recent years. The 1989 legislature passed 1108 In 1994 and 1995 alone, state government adopted nearly bills, in 1991 there were 983, and the bills dropped to 831 in 12,000 new rules, which are in effect laws adopted by state 1993. That is good. However, in the same time period the agencies that Oregonians must live by. To give you an idea of number of administrative rules increased by 10 a month or an the volume produced per year, in 1975 state agencies adopted increase of 240 over last two year period.That is bad. 443 administrative rules compared to 5,098 new rules in 1995. It's just too much! In the past six years, efforts have been made to try and control run away state government.Too many administrative rules have Oregon Administrative Rules establish penalties in numerous caused fees from state agencies to go through the roof.You will agencies, require automobiles to go to DEQ test stations, deter- understand if you have tried to apply for a permit to do anything mine the location on an electrical outlet in a new home, and lately. establish the details on your state income tax form. There are thousands and thousands of pages of administrative law in Measure 27 allows rules to be implemented. Measure 27 allows Oregon. the legislature to review the laws. That is what the legislature is elected to do is review laws. Administrative agencies were Administrative law is usually proposed by a state agency and established to implement legislation, Measure 27 will ensure that adopted by the same agency, sometimes without a public the implementation was done correctly, and allows a forum for hearing. citizens and their representatives to oversee the implementation. There presently is no effective way to review those administra- This could be the most important yes vote you make all year; tive rules. Asking the agency that just proposed the rule and Vote yes for Measure 27. adopted it,usually is not productive. Ballot Measure 27 changes this. It provides that the legislature must review these administrative rules. (This information furnished by Bill Perry,Oregon Restaurant Association.) This provides the checks and balances that has made American democracy so enduring. It is entirely consistent with the Oregon system of government. The Oregon Small Business Coalition on behalf of its 40,000 small business members in Oregon urge you to vote YES on Ballot Measure 27. Member associations urging you to vote YES include: Oregon Grocery Industry Association National Federation of Independent Business Oregon Restaurant Association Independent Employer Association Oregon Lodging Association Oregon Petroleum Marketers Association Oregon Building Industry Association Oregon Independent Auto Dealers Association Manufactured Housing Communities of Oregon Oregon Retail Liquor Agents Oregon Concrete and Aggregate Producers Association Northwest Payphone Association Associated Builders and Contractors Oregonians for Food and Shelter Oregon Farm Bureau (This information furnished by Fred VanNatta, Board Member, Oregon Small Business Coalition.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- Iment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 12 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 27 Measure No. 27 ' ARGUMENT IN FAVOR ARGUMENT IN FAVOR The Oregon Lodging Association would urge you to vote Yes on Laws should only be enacted by those who have to answer to Measure 27. the voters. This is becoming the exception rather than the rule. For whatever reason, successive legislatures have essentially Measure 27 puts the people back into the administrative rule given state agencies enormous powers to affect the lives of our process. Recent actions by Oregonians have proven they want citizens and their businesses, by allowing them to implement to be more involved in the policy making process.We now have statutes by writing"administrative rules". term limits for Legislators. We now have campaign finance reform for candidates. The law makers in the'state legislature They may call them rules,but they have the force of law.These also have to face the people when they run for re-election. In the rules allow bureaucrats to impose arbitrarily large fees, severe legislature the power of the people is gaining strength. penalties and restrictions to which citizens have virtually no recourse. When dealing with administrative rules their actions have the same power and effect on Oregonians as the laws passed by the There are countless stories of Oregonians who have been hit legislature: People who make these laws do not get elected by with rules which are often necessary... but also as often, unrea- the people,do not have term limits and campaign finance reform sonable,unfair,intrusive,counterproductive,or just plain stupid. does not have anything to do with them. The current legislature has come to the conclusion that things If the citizens of Oregon want to try and make the policy makers have gotten out of hand,and they have wisely given us Measure more responsive to their concerns,they should address all policy 27.The measure will require systematic review and approval by makers. If the effect of administrative rules, is the same as laws the legislature of new agency rules. passed by the legislature, than shouldn't representatives in the legislature be able to review those laws. Measure 27 gives our elected officials true oversight and ultimate responsibility for administrative rules, and it also gives citizens a If a legislator passes a regulation or fee on to the citizens, then workable avenue of appeal when they are unfairly abused by the that legislator will have to face the voters during the election bureaucracy. process. If a state agency passes a regulation or fee on to the citizens,you have to appeal to a state agency.This country was End the tyranny of the heavy-handed faceless bureaucrats... built on a system of checks and balances. Measure 27 brings They are unaccountable to the taxpayer who pays their salary. balance to administrative laws. Vote Yes on 27. Vote yes on Measure 27. (This information furnished by Don McIntire.) (This information furnished by Larry Harvey,Oregon Lodging Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the ar ument. the accuracy or truth of any statement made in the argument. 13 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 27 Measure No. 27 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Measure 27 Puts an End to Open Government, Upsets the IF IT'S NOT BROKE,DON'T FIX IT! Constitutional Balance of Power, Makes State Agencies Less Accountable, Increases Paperwork and Bureaucratic Red Tape, From the Desk of Governor John Kitzhaber,M.D. Gives Even More Power to the Legislature, and Makes it Harder for Everyday Citizens to Influence the Legislature. Dear Oregon Voter: THE LEGISLATURE DOESN'T NEED MORE POWER! Ballot Measure 27 would give the Oregon State Legislature the Measure 27 is a power grab by the same legislators that already power to review and approve every single rule needed to imple- ment Oregon's laws.And it allows the Legislature to reject these rules simply by refusing to act on them. That's unaccountable attacked our environmental heritage.This ill-considered measure and it's much more power than the Legislature needs to do its would create an as-of-yet unnamed "supercommittee" of the job.There is no reason to make this drastic change. Vote no on Legislature with the power to overturn any rule, regulation, or a constitutional change we don't need. policy of state government--even those that have been passed by the voters! We already have checks and balances in our constitution. Don't let the Legislature get away with taking power away from the voters! Some legislators want more authority over state agency rule- making. They want to review every rule– every time they're in We voted against this bad government measure.Here's why: session. They want to be able to reject regulations during the interim without justification. • Measure 27 threatens Oregon's tradition of open government! But the Legislature already has oversight over agency rule- It is a power grab by some legislators. We need an open making. If the Legislature doesn't like a rule, it can change or system to protect the environment, consumer rights, and clarify a statute so the agency must correct its regulations. health and safety laws. • Measure 27 makes state agencies less accountable! If this passes, legislators would have to review about 12,000 It gives more authority to agencies because they could rules during each six-month session. Last session they reviewed operate without any rules. There would be no notice, no 2,900 potential laws. I've been in the legislature; 1 know there's hearings, no public testimony on agency actions. Measure no time to duplicate work on 12,000 rules. 27 would prevent judicial review of agency rules. If you don't know why we need it,then don't vote for it.. • Measure 27 upsets the constitutional balance! It gives unprecedented blank-check authority to the The balance between the Legislature and the state agencies on Legislature by creating a "supercommittee" of the rule-making has worked throughout Oregon's history. We don't Legislature with the authority to undercut laws by simply know what the consequences of this change might be—and it denying one rule after another. could be worse than we've bargained for. • Measure 27 could require hundreds of additional legislative Oregon faces many challenges in the coming year: improving measures! our roads, our schools and our environment. Let's focus our That might be easy for lobbyists from well-funded big energy on solving those problems instead of this type of unnec- money interests to track, but it is already hard for everyday essary ballot measure. citizens to follow the usual 3000 bills each session. Measure 27 adds more government to an already over- Vote no on Measure 27.We don't need it. loaded system. Sincerely, Senators Ron Cease,Dick Springer,and Cliff Trow . John A.Kitzhaber,M.D. Representatives Lee Beyer, George Eighmey, Bryan Johnston, Kitty Piorcy,Anitra Rasmussen,and Barbara Ross. VOTE NO ON MEASURE 27 (This information furnished by Governor John A.Kitzhaber,M.D.) (This information furnished by Ron Cease, Committee for Responsible GovernmentfNo On Ballot Measure 27.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 14 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 27 Measure No. 27 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION MEASURE 27 PUTS COMMUNITIES AT RISK LET.EXPERTS BE EXPERTS Ballot Measure 27 could allow elimination or delay of critical health and safety rules — without even a vote of the full Oregon relies on persons with experience in their fields to devel- Legislature. A "No" vote will help protect the quality of life and op rules and regulations about health,safety and other technical health for all Oregonians. issues. Now, Oregon legislators think they need to do the job themselves.Do you think they can? WE MUST PROTECT HEALTH AND SAFETY Each year,state agencies--and the citizen boards and commis- Neither do we. That's why Oregonians should vote NO on sions that oversee their activities -- establish rules to clarify, Measure 27. enhance and protect our quality of life. From health care to safe drinking water,from protection of our children to protection of our CITIZENS WORKING TOGETHER rivers and forests, rules and regulations clarify and establish Today,Oregon has a thorough,effective system for setting regu- standards that keep Oregonians safe and healthy. lations.Agency scientists,health care specialists and technicians implement laws set by the Legislature.Together with citizen vol- In Oregon, state regulations protect us all — consumers, busi- unteers — professionals in the field and consumer representa- ness men and women,workers,patients,people with disabilities, tives—agency staff develops rules that keep our communities senior citizens and children. They protect Oregon's air and pro- safe and working well. tect our public beaches. They help assure that the quality of water you drink in Astoria is the same high quality as in Burns. They spend months holding public hearings, considering written comments and revising the regulations accordingly. They weigh MEASURE 27 LETS THEM THROW OUT scientific,economic and social issues.They listen to testimony of RULES—ARBITRARILY the people who will be affected by these rules. Under Measure 27, a committee of legislators—who could all belong to the same political party—could throw out important LEGISLATORS WANT SHORTCUTS! regulations agreed on by scientists and citizens.All it would take Now,the Legislature wants to skip the process and make all the would be a request by one person. rules. During the interim between sessions, a single committee without any special knowledge of the subject could strike down They won't need a full vote of the Legislature. They won't need any rule. And during the short Legislative session, they want to the governor's approval. They could simply throw out the hard evaluate all the rules—even though each rule may have taken work of knowledgeable people who had the best interest of months to prepare. That's just another layer of bureaucracy. Oregonians in mind.And put all of us at risk. What's worse, it will cost all of us a lot more money--$1 million in the first year and$800,000 every year after. Surely,there are As Oregon faces dramatic growth and dramatic change,we need better ways to spend our tax dollars. a responsive state government. Don't put our quality of life on hold. THEY'RE NO EXPERTS Unless your Legislator knows all about air quality, pharmaceuti VOTE NO ON 27! cals, building codes, diseases of cattle, flu epidemics, occupa- tional health and safety,and extracting teeth— Vote NO on Ballot Measure 27. (This information furnished by Cliff Bentz, Former Member and Chair, Water Resources Commission.) (This information furnished by Susan King, Administrator, Professional Services,Oregon Nurses Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 15 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 27 Measure No. 27 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Ballot Measure 27 Is Bad Medicine The Former Deans Committee As members of the health care community, the Oregon We believe Measure 27 presents serious constitutional ques- Optometric Association has major concerns with this amend- tions. ment.We urge you to vote no. - The Legislature referred this measure to the voters. The pro- If Ballot Measure 27 is passed, we could see a small group of posal establishes a special legislative committee that has sweep- + politicians deciding health care issues best made by health care ing veto authority. providers-such as which medications your eye doctor can use to treat eye infections. Under this measure,this proposed legislative committee could delay or reverse decisions of the Executive branch of The Oregon legislature is already leaving considerable amounts Government. This broad authority could even reverse or delay of important work undone because of time constraints. Passage an interpretation of duty made by the Governor. of Ballot Measure 27 would only add to the workload. The measure defines our Governor as a "State Agency". Ballot Measure 27 would create an unstable environment for Almost all of our Governor's Executive acts are defined as an state boards to operate within, slowing those boards responses "administrative rule". Thus, even in emergencies the Governor's to public concerns and to the professions they now regulate. actions would be covered by this measure and therefore subject to veto by the legislative committee. Oregon's administrative procedures already have extensive requirements for hearings, public involvement, and legislative This appears to be an unlawful delegation of authority from one oversight. The legislature has the ultimate agency oversight in independent branch of our government to another. place through passage of legislation and agency budgets. The appointed legislative committee could never equally repre- Ballot Measure 27 is unnecessary and burdensome. sent the citizens of Oregon and therefore the measure appears VOTE NO ON MEASURE 27! to violate the 'one person one vote" rule established by the United States Supreme Court.We believe the separation of pow- ers guarantee of our United States Constitution would require a court to strike down this measure since no appointed legislative (This information furnished by Wesley N. Vorpahl, OD., Oregon committee can constitutionally prevent our elected Governor Optometric Association.) from performing faithfully his/her authority or duty to execute our laws. We provide this information to help fellow voters in understand- ing this measure. Our comments are designed only to provide objective and careful constitutional analysis of the measure. Collectively,we take no position on the other merits of this mea- sure. Prof.Leroy Tornquist(Chair),Former Dean Willamette University College of Law Prof. Emeritus Chapin Clark,Former Dean University of Oregon School of Law President David Frohnmayer, University of Oregon Former.Dean University of Oregon School of Law Prof.Maurice Holland,Former Dean University of Oregon School of Law Robert Misner,Former Dean Willamette University College of Law (This information furnished by Bob Cannon, The Former Deans Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 19930r.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 16 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 28 Measure No. 28 Senate Joint Resolution 3—Referred to the Electorate of Oregon time of application for the loan. by the 1995 Legislature to be voted on at the General Election, (b) The surviving spouse of a person who was qualified to November 5, 1996. receive a loan under subsection (1) of this section but who died while on active duty in the Armed Forces of the United States even though the death occurred prior to completion of the mini- ' mum length of service or residence set forth in subsection (1)of BALLOTTITLE this section,provided the surviving spouse resides in this state at the time of application for the loan. (c) The eligibility of a surviving spouse under this subsection 2 f ffi shall terminate on his or her remarriage. ' PARAGRAPH 2.The amendment proposed by this resolu- f tion shall be submitted to the people for their approval or RESQILT ,''°� � � �e �' 3 rejection at the next regular general election held through- I.t�gtatf• trt `ris� } fr�#�� � �'; out this state. nCS s $z 4 REU ' s � NOTE: Boldfaced type indicates new language; [brackets and italic]type indicates deletions or comments. ttt60 rwy� cfn�itfu o � � � 4Y 1 .M 00 ' � � EXPLANATORY STATEMENT when t � � �+ ls '9_9 T#i 0 ffi �• ttre yy Measure 28 amends Article XI-A of the Oregon Constitution to G#tFrEflit rets4€I y $ �"We change the residency requirements for obtaining a veteran's loan t314­h -at under Oregon's farm and home loan program for veterans. If rt �� � approved, Measure 28 will eliminate all'residency requirements for obtaining a veteran's farm or home loan except for the �� g � requirement that the loan applicant be a resident of Oregon at ESr[1MAT � � the time of applying for the loan. The Oregon.Constitution now orldc4gotaifi� � � � requires a loan applicant, in addition to being a resident of . . Oregon at the time of applying for the loan,to be a bona fide res- ident of Oregon for five years since the date of separation from Be It Resolved by the Legislative Assembly of the State of military service or to have been a resident of Oregon prior to Oregon: entering military service. PARAGRAPH 1. Section 3, Article XI-A of the Constitution of Measure 28 is submitted in order to avoid possible court chal- the State of Oregon,is amended to read: lenges to the current residency requirements.In other states with Sec. 3. No person shall receive money from the Oregon War veterans' home loan programs, residency requirements other Veterans'Fund except the following: than the requirement that the veteran be a resident of the state (1)A person who: at the time of applying for a loan have been declared invalid by (a) Resides in the State of Oregon at the time of applying for a the courts. loan from the fund; (b) Served honorably in active duty in the Armed Forces of the Measure 28 will increase the number of veterans eligible for the United States for a period of not less than 210 days, any part of farm and home loan program.The veterans who will become eli- which occurred between September 15, 1940, and December gible to receive farm and home loans under the changed resi- 31, 1976 or who was, prior to completion of such period of ser- dency requirements are primarily Vietnam era veterans who vice, discharged or released from active duty on account of ser- have come to Oregon from other states and who have lived in vice-connected injury or illness; Oregon for fewer than five years. [(c) Was a resident of the State of Oregon at the time of enlist- ment, induction, warrant or commission or has been a bona fide Committee Members: Appointed by: resident of the State of Oregon for at least five years since the Senator Bill Kennemer President of the Senate date of discharge,separation or release from active duty;] Representative Lynn Lundquist Speaker of the House [(d)](c)Has been honorably separated or discharged from the Dave Barrows Secretary of State Armed Forces of the United States or has been furloughed to a Representative John Schoon Secretary of State reserve;and Betty Roberts Members of the Committee [(e)] (d) Makes application for a loan either within the 30-year period immediately following the date on which the person was (This committee was appointed to provide an impartial explanation of the released from active duty in the Armed Forces of the United States,or not later than January 31, 1985,whichever occurs last. ballot measure pursuant to ORS 25t.2t5.) (2)(a)The spouse of a person who is qualified to receive a loan under subsection (1) of this section but who has either been missing in action or a prisoner of war while on active duty in the Armed Forces of the United States even though the status of missing or being a prisoner occurred prior to completion of the minimum length of service or residence set forth in subsection (1)of this section,provided the spouse resides in this state at the 17 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 28 Measure No. 28 LEGISLATIVE ARGUMENT IN SUPPORT ARGUMENT IN FAVOR Ballot Measure 28 brings needed equity to an otherwise suc- United Veterans'Groups of Oregon(UVGO) cessful Veterans'Farm and Home Loan Program. In other states Argument in Favor of Ballot Measure 28 courts have ruled that veterans of every state must be treated equally and Ballot Measure 28 simply puts this sound principle At a time when some government institutions and programs are into law. coming under fire, it's nice to find an agency exhibiting the lead- ership and foresight that we, as citizens and taxpayers,deserve. Currently, Vietnam era veterans who moved to Oregon were It's noting new for this agency, the Oregon Department of ineligible for the program until meeting a five-year residency Veterans' Affairs. This is the same leadership that brought that requirement. That principle is not only bad policy, it now puts agency back from the brink of financial collapse in the mid- Oregon squarely at odds with widespread judicial policy.There is 1980s. no need for Oregonians to spend our scarce resources support- ing bad policy against the tide of state judiciaries across the The issue this time is Ballot Measure 28. Changes are required country. Veterans fought for our whole country, not for one state in the Oregon Constitution relative to the residency requirements or another. for participation in the department's Veteran Home Loan Program. The changes, if accepted by the voters, will preclude Let's honor them from coast to coast. Let's make sure that all the possibility of the agency being forced to spend large amounts are eligible equally for this veteran's loan. It will stimulate the of money defending a position that has already been found to be economy by creating new jobs through the purchase and unconstitutional. improvement of farms and homes. It will bring capital into the state through the sale of self-liquidating bonds to acquire the The U.S.Supreme Court has already decided that state residen- loan funds.It will make property taxpayers out of more veterans. cy requirements for a benefit based on federal military service discriminates unfairly against others who had similar service. The privilege of owning a safe and secure home has been ours Last year,the Oregon Department of Veterans'Affairs requested since this great country was founded. Nobody is more deserving the Oregon Legislature to place this question on the ballot and of that worthy goal than those who fought to keep it alive. the Legislature agreed. Vote YES for Ballot Measure 28. If this proposed change is not accepted by the voters, the agency faces the prospect of having to spend large amounts of Committee Members: Appointed by: time and money to fight a battle they know they would not win. Senator John Lim President of the Senate Estimates for legal costs run as high as$100,000.00. Representative Eldon Johnson Speaker of the Ho*use Representative Larry Wells Speaker of the House As an umbrella organization representing Congressionally Chartered veterans'service organizations in the state of Oregon, (This Joint Legislative Committee was appointed to provide the legislative we heartily recommend a"YES"vote. argument in support of the ballot measure pursuant to 1993 Or.Laws 811 §10,) F.David Parker,Chairman United Veterans'Groups of Oregon Member Organizations: Air Force Sergeants'Association American Ex-Prisoners of War American Legion Disabled American Veterans Korean War Veterans Assn. Marine Corps League Military Order of the Purple Heart The Non Commissioned Officers'Assn. NO ARGUMENTS IN OPPOSITION TO THIS BALLOT Paralyzed Veterans of America MEASURE WERE FILED WITH THE SECRETARY OF STATE. The Retired Enlisted Assn. The Retired Officers'Assn. Veterans of Foreign Wars Veterans of World War I of the USA Vietnam Veterans of America (This information furnished by F.D. Parker, Chairman, United Veterans' Groups of Oregon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- L ent by the State of Oregon, nor does the state warrant e accuracy or truth of any statement made in the argument. 18 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 29 Measure No. 29 Senate Joint Resolution 37—Referred to the Electorate of EXPLANATORY STATEMENT Oregon by the 1995 Legislature to be voted on at the General Election,November 5, 1996. The Oregon Constitution now allows a person who is appointed to an office by the Governor for a specific period to remain in BALLOT TITLE office after the period ends if the Governor has not reappointed the person or selected a successor or the person appointed by the Governor has not been confirmed by the Senate. .inn Ai1TI ��tR'S., APPOINT 8 MU�tfAC QFFIC IP If approved, this amendment to the Oregon Constitution will 1l C©NIIRMEL provide that,,when an appointment by the Governor is required OA.01r1r, to be confirmed by the Senate,the Governor must appoint a suc cessor and the Senate must confirm the successor within 90 tESULT,C? "� ",UQTi"E ' sS �lxt q 3t s Dover' br s days. The 90 days begins after the end of the prior appoint spppttites:td t�8de :"sucxft a rtt3# ttimrred wt[r ment's expiration. If the appointment of the successor is not days made by the Governor within 90 days,the office is vacant. If the appointment of the successor is made by the Governor but not F3I=SUETf .V �$ " SJr?°tiarti�i 3 td [fowITlg confirmed by the Senate within 90 days,the office is vacant.The Govemttr"s` pp©itt e3 g to-sets i t j`S cC�t'i app6i tted and office will be filled at the time the Governor appoints a person rrrrrec and the person is confirmed by the Senate. SUMMAFIY:,Curren lyr an offidai apporrtted by the Governor and Committee Members: Appointed by: SkrkrteCt td; kts # r1 # p► yPtittlir + unr]:th$ Senator Gene Derfler President of the Senate Senator t �`� d lOCttratsure Representative John Watt Speaker of the House amends tfts" e ps3Yrdtat am Ott offictat Representative George Eighmey Secretary of State rr3ay rust hWd Off t t �srttr�sr oaf ttte©tf)- BiII Wyatt Secretary of State ciai`S term t� �d a to Sue Miller Members of the Committee vet arrt until the, stfG Thr... ... pre= CtLite somsf� �� t�rSr tither tsusirt �t �a � y (This committee was appointed to provide an impartial explanation of the x § ballot measure pursuant to ORS 251.215.) ETtti;4T 'tt" NC3�A � t efft ort,stat8 br torttTtlret Be It Resolved by the Legislative Assembly of the State of Oregon: PARAGRAPH 1.Section 1,Article XV of the Constitution of the State of Oregon,is amended to read: Sec. 1. (1) All officers, except members of the Legislative Assembly and incumbents who seek reelection and are defeat- ed, shall hold their offices until their successors are elected, and qualified. Persons who are appointed by the Governor who are subject to Senate confirmation as provided in section 4, Article III of this Constitution, shall hold their offices until their successors are appointed and confirmed or 90 days from the end of their terms,whichever comes first. NO ARGUMENTS IN FAVOR OF THIS BALLOT (2) If an incumbent seeks reelection and is defeated, [he] the MEASURE WERE FILED WITH THE SECRETARY OF STATE. incumbent shall hold office only until the end of[his]the term of the incumbent; and if an election contest is pending in the courts regarding that office when the term of such an incumbent ends and a successor to the office has not been elected or if elected, has not qualified because of such election contest, the person appointed to fill the vacancy thus created shall serve only until the contest and any appeal is finally determined notwith- standing any other provision of this Constitution. PARAGRAPH 2.The amendment proposed by this resolu- tion shall be submitted to the people for their approval or rejection at the next regular general election held through- out this state. NOTE: Boldfaced type indicates new language; [brackets and italic]type indicates deletions or comments. 19 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 29 Measure No. 29 LEGISLATIVE ARGUMENT IN SUPPORT ARGUMENT IN OPPOSITION The Oregon Constitution now allows a person who is appointed VOTE NO ON MEASURE 29. to an office by the Governor fora specific period to remain in From the Desk of Governor John Kitzhaber,M.D. office after the period ends if the Governor fails to reappoint the person or select a successor. Dear Oregon Voter: If Ballot Measure 29 passes,legislators could shut down the If approved, this amendment to the Oregon Constitution will state's essential role--protecting safety, health and quality provide that, when a person is appointed by the Governor and of life. the appointment is by law subject to confirmation by the Senate, the Governor must appoint a successor and the Senate must More than 200 volunteer citizen committees help state agencies confirm the successor within 90 days after the end of the term of with critical functions that keep us safe, healthy and proud to be the earlier appointment. If the appointment of the successor is Oregonians. not made and confirmed within 90 days,the office is vacant.The Under Measure 29, the Legislature could shut down a board or office will be filled at the time the Governor appoints a person commission by refusing to confirm replacement members. The and the person is confirmed by the Senate. board would be unable to do the work required by statute or the constitution. The proposed change will greatly improve the efficiency of the appointing process by prompting the Governor and the Senate to In some cases, the state would be unable to respond to emer- act quickly. gency health and safety issues. W Committee Members: Appointed by: e need citizen advisory groups. Senator Eugene Timms President of the Senate At every level, Oregon's governments rely on citizen groups, Representative Bob Repine Speaker of the House many appointed by the governor.For example: Representative John Watt Speaker of the House • The Public Health Advisory Board • The Agriculture Commission (This Joint Legislative Committee was appointed to provide the legislative * The port,commissions of cities like Arlington, Coos Bay and argument in support of the ballot measure pursuant to 1993 Or.Laws 811 Portland §10.) • The Drinking Water Advisory Committee • The Governor's Commission on Senior Citizens. These groups respond to public health crises, such as contami- nation in food and water.They insure airport safety. They make decisions daily that are vital to local economies.They respond to the needs of seniors—and many other vital health and safety issues. Measure 29 is a back door to closing down these committees. If the Legislature wants to eliminate a board or commission, it should do it openly, through the legislative process, not through the back door. There is no need for this ballot measure -- but if it passes, it could seriously affect our ability to protect ourselves and our most dependent citizens. Oregon faces many challenges in the coming.year: improving our roads, our schools and our environment. Let's focus our energy on solving those problems instead of•this type of unnec- essary ballot measure. Vote No on Measure 29.It's dangerous. Sincerely, John A.Kitzhaber,M.D. (This information furnished by Governor John A.Kitzhaber,M.D.) (This space purchased for$500 in accordance with 19930r.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made'in the argument. 20 CONTINUED 0 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 29 Measure No. 29 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION VOTE NO ON MEASURE 29 BALLOT MEASURE 29 PLAYS POLITICS WITH OUR CITIZEN COMMITTEES Some Oregon legislators want you to approve a measure that could shut down citizen committees throughout state govern- Vote against it! ment.Say no to government gridlock.Vote NO on Measure 29. If you're a legislator,how do you get rid of opposition voices? DON'T SHUT DOWN CITIZEN COMMISSIONS Simply don't appoint them to committees, then watch the com- Ballot Measure 29 gives the Oregon Legislature the power to mittees go out of business. shut down citizen committees simply by refusing to fill positions. Many boards and commissions could be left without enough That's what could happen with Ballot Measure 29. members to do business—either because the Legislature is too busy to consider appointments or because the members are An invitation to political fights and government gridlock. playing politics with the citizen involvement process. CITIZEN INVOLVEMENT IS CENTRAL State law dictates the composition of many citizen committees. TO OREGON GOVERNMENT For example, the Public Utility Commission, which assures the state's utility customers of safe, reliable service, only has three members.The law states,"No more than two members can be of Each year, thousands of citizens volunteer their time to protect the same political party." other Oregonians.Some of them advise the Legislature and gov- ernor -- suggesting policy and new laws. Others do the hard work of putting together fair,reasonable rules and regulations. What if a Legislature dominated by one party refused to approve p g g g the appointment of a member of.the opposite party? The PUC would be shut down. They are involved in a wide range of issues—from health care to drinking water quality,from juvenile and family issues to stan Bards for podiatrists and acupuncturists. The same thing could happen with the five-member Workers' Compensation Board, which requires two employee and two employer representatives. If the Legislature didn't want to Many of the committees are small. It wouldn't take very many appoint,any employees, it could refuse to. And injured workers stalled appointments before these groups didn't have enough would be without recourse to appeal decisions of hearings offi- members to make any decisions. cers in their contested cases. Measure 29 puts citizen volunteers at risk of becoming pawns of Many Boards and Commissions are at Risk political maneuvering. It puts good government at risk of partisan politics.And that isn't the way to solve our problems. Groups like the Oregon Investment Council, the Lottery Commission, the Environmental Quality Commission and many PROTECT OUR SYSTEM—AND RESPECT OUR CITIZENS more are required to appoint people fitting certain criteria. If leg- islators don't like what the law says, they can get around it— Measure 29 is an unnecessary swipe at citizen participation. It and close down essential committees. won't improve our government.All it will do is give the politicians another chance to play politics. Don't Let State Government Become Hostage to Petty Politics Keep Oregon government open to citizen involvement. The work of our state is too important to let political winds blow it Vote no on Ballot Measure 29. off course. We can't let political feuding get in the way of good government. (This information furnished by Robert S. Walsh,Member,Port of Portland Say NO to Measure 29. Commission.) (This information furnished by Ken Allen, Director, If It Ain't Broke, Don't Fix It Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§1 lJ The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 21 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 30 Measure No. 30 House Joint Resolution 2—Referred to the Electorate of Oregon money by the local government for a new program or by the 1995 Legislature to be voted on at the General Election, increased level of service for an existing program until the November 5, 1996. state appropriates and allocates to the local government reimbursement for any costs incurred to carry out the law, rule or order and unless the Legislative Assembly provides, BALLOTTITLE by appropriation, reimbursement in each succeeding year for such costs. However, a local government may refuse to comply with a state law or administrative rule or order under � � � '! this subsection only if the amount appropriated and allocat- ed to the local government by the Legislative Assembly for a program in a fiscal year: x (a) Is less than 95 percent of the usual and reasonable ` costs incurred by the local government in conducting the � � ' vie' program at the same level of service in the preceding fiscal of eta ttt�r��iated,��� year;or (b) Requires the local government to spend for the pro- � � � b v4te.•refs gU ltlirtt gram, in addition to the amount appropriated and allocated s � st p )x)QiT�Eatifns iXN �4thttt�a( �;: by the Legislative Assembly, an amount that exceeds one- 3 hundredth of one percent of the annual budget adopted by the governing body of the local government for that fiscal �it� lyfeastlre�Id f r Year. ) tt r top rai€o { py �5 f� , o)000"'00 (4)When a local government determines that a program is prpgt qt or N i 88eif gervic4 fbr she� �X00„; a program for which moneys are required to be appropriated rsms )f eye Dili, yverntn�ne n' and allocated under subsection (1) of this section, if the �� local government expended moneys to conduct the program xitl#lavti x�cfw�i p � setvir ? � tionS t�egliik�3a�vc(et f� f Lagisirfe( and was not reimbursed under this section for the usual and ttttbn flbcl�ltd r�1� IN fIl reasonable costs of the program,the local government may #��) #doh t s ttr8 aid , � � submit the issue of reimbursement to nonbinding arbitration by a panel of three arbitrators. The panel shall consist of one representative from the Oregon Department of Administrative Services, the League of Oregon Cities and �' the Association of Oregon Counties.The panel shall deter- `� ' � mine whether the costs incurred by the local government gpven�rrrt eP�tr�lttrrea°r ey$a are required to be reimbursed under this section and the amount of reimbursement. The decision of the arbitration panel is not binding upon the parties and may not be Be It Resolved by the Legislative Assembly of the State of enforced by any court in this state. Oregon: (5)In any legal proceeding or arbitration proceeding under this section, the local government shall bear the burden of PARAGRAPH 1. The Constitution of the State of Oregon is proving by a preponderance of the evidence that moneys amended by creating new sections 15 and 15a to be added to appropriated by the Legislative Assembly are not sufficient and made a part of Article XI and to read: to reimburse the local government for the usual and reason- SECTION 15. (1) Except as provided in subsection (7) of able costs of a program. this section, when the Legislative Assembly or any state (6) Except upon approval by three-fifths of the member- agency requires any local government to establish a new ship of each house of the Legislative Assembly, the program or provide an increased level of service for an Legislative Assembly shall not enact, amend or repeal any existing program,the State of Oregon shall appropriate and law if the anticipated effect of the action is to reduce the allocate to the local government moneys sufficient to pay amount of state revenues derived from a specific state tax the ongoing, usual and reasonable costs of performing the and distributed to local governments as an aggregate dur- mandated service or activity. ing the distribution period for such revenues immediately (2)As used in this section: preceding January 1,1997. (a) "Enterprise activity" means a program under which a (7)This section shall not apply to: local government sells products or services in competition (a)Any law that is approved by three-fifths of the member- ship of each house of the Legislative Assembly. with a nongovernment entity. Y• (b) "Local government" means a city, county, municipal (b)Any costs resulting from a law creating or changing the corporation or municipal utility operated by a board or com- definition of a crime or a law establishing sentences for con- mission. viction of a crime. c Pr (c)An existing program as enacted by legislation prior to ( ) "Program"of the means a program ly project imposed by January 1, 1997, except for legislation withdrawing state enactment of the Legislative Assembly or by rule or order of a state agency under which a local government must pro- funds for programs required prior to January 1,1997,unless vide administrative, financial, social, health or other speci- the program is made optional. fied services to persons, government agencies or to the (d) A new program or an increased level of program ser- public generally. vices established pursuant to action of the Federal (d) "Usual and reasonable costs" means those costs Government so long as the program or increased level of incurred by the affected local governments for a specific program services imposes costs on local governments that program using generally accepted methods of service deliv- are no greater than the usual and reasonable costs to local ery and administrative practice. governments resulting from compliance with the minimum (3)A local government is not required to comply with any program standards required under federal law or state law or administrative rule or order enacted or adopted regulations. after January 1, 1997, that requires the expenditure of 22 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 30 Measure No. 30 (e) Any requirement imposed by the judicial branch of The state is required to pay the usual and reasonable costs of government. such programs and costs of the state's increasing the level of (f)Legislation enacted or approved by electors in this state services under existing programs after January 1, 1997.The leg- under the initiative and referendum powers reserved to the islature must continue to provide at least 95% of these costs people under section 1,Article IV of this Constitution. each year. (g)Programs that are intended to inform citizens about the activities of local governments. if there is a dispute over the issue of state funding,a local gov- (8)When a local government is not required under subsec- ernment may submit the dispute to nonbinding arbitration or to tion(3)of this section to comply with a state law or adminis- judicial determination. The arbitration panel shall consist of one trative rule or order relating to an enterprise activity, if a representative from the Oregon Department of Administrative nongovernment entity competes with the local government Services, one representative from the League of Oregon Cities by selling products or services that are similar to the prod- and one representative from the Association of Oregon Counties. ucts and servi:es sold under the enterprise activity, the The local government must show that moneys provided by the nongovernment entity is not required to comply with the state are not sufficient to cover the usual and reasonable costs state law or administrative rule or order relating to that of the program or services. enterprise activity. (9) Nothing in this section shall give rise to a claim by a If the legislature fails to provide moneys to local governments private person against the State of Oregon based on the to pay at least 95% of the cost of the program or service establishment of a new program or an increased level of imposed after January I, 1997, the local government is relieved service for an existing program without sufficient appropria- of its duty to provide that program or service. The duty of the tion and allocation of funds to pay the ongoing, usual and local government also ends if the legislature requires it to spend reasonable costs of performing the mandated service or more than one-hundredth of one percent of its budget for the activity. required program or services, not including the costs met by the (10)Subsection(4)of this section does not apply to a local state. government when the local government is voluntarily pro- viding a program four years after the effective date of the Under Measure 30, the required money for local governments enactment,rule or order that imposed the program. may come from state appropriations or from a legislative require- (11)In lieu of appropriating and allocating funds under this ment that local governments collect fees or charges to pay the section, the Legislative Assembly may identify and direct costs. the imposition of a fee or charge to be used by a local gov- ernment to recover the actual cost of the program. Measure 30 requires that at least 18 of the 30 state senators SECTION 15a. (1) Section 15 of this Article is repealed on and 36 of the 60 state representatives approve any bill that June 30,2001,unless,at the general election held in 2000,a reduces the amount of money that is distributed to local govern- majority of the electors voting on the question of whether or ments from proceeds of a specific state tax. not to retain section 15 of this Article as part of the Oregon Constitution vote to retain the section.If the electors vote to retain the section, section 15 of this Article remains in Measure 30 does not apply to any of the following: effect. If the electors do not vote to retain section 15 of this Article, then that section is repealed on June 30, 2001.The . Any law approved by at least 60 percent of the members of Legislative Assembly may provide for the disposition of any each house of the legislature. matters remaining unresolved with respect to the appropria- . Requirements imposed by state or federal courts. tion and allocation of moneys under section 15 of this . Laws enacted or approved through the initiative or referendum Article. process. (2) By appropriate action of the Legislative Assembly and . Programs that inform citizens about activities of local the Secretary of State,the question described in subsection governments. (1)of this section shall be submitted to the people for their Other programs and laws specified in the measure. decision at the statewide general election held in 2000. (3)This section is repealed on January 1,2002. When a local government is not required to comply with a state PARAGRAPH 2.The amendment proposed by this resolu- requirement relating to a program under which the local govern- tion shall be submitted to the people for their approval or ment sells products or services in competition with a private et rejection at the next regular general election held through- ty,then the private entity is also not required to comply with that state requirement. out this state. Measure 30 will be repealed June 30, 2001, unless the voters at the 2000 General Election vote to keep the measure in effect. EXPLANATORY STATEMENT Committee Members: Appointed by: Senator Gene Derfler President of the Senate Representative Lynn Lundquist Speaker of the House Measure 30 amends the Oregon Constitution to require state Representative Tony Corcoran Secretary of State financing of state programs imposed on local governments after Senator Peter Sorenson Secretary of State January 1, 1997. Affected programs are those programs, pro- Kathleen Beaufait Members of the Committee jects or services imposed by the legislature or by state agency rule or order under which a local government must provide (This committee was appointed to provide an impartial explanation of the administrative,financial,social,health or other specified services ballot measure pursuant to ORS 251.215.) to persons, government agencies or to the public generally. For purposes of this amendment, "local government" means a city, county, municipal corporation or municipal utility operated by a board or commission. 23 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 30 Measure No. 30 LEGISLATIVE ARGUMENT IN SUPPORT ARGUMENT IN FAVOR Measure 30 amends the Oregon Constitution to require the Eliminate Hidden Costs and Hidden Taxes state government to pay for services that it requires local govern- ments to provide. Yes on Measure 30 Currently,the state government or a state agency may compel It's time to slow the growth of hidden taxes! State government a local government to provide financial, social, health and other should pay for the programs it enacts. Ballot Measure 30 puts services to the public,but does not have to provide any money to this principle of accountability into practice right up in front. ' the local government to pay the cost of those services. The state government and state agencies therefore have the Hidden costs result when the state government makes your counties and cities deliver state programs without providing power to impose their policy preferences on local governments money to pay for them. By their very nature, hidden costs grow and to have the local governments pay the bill with money and grow with no accountability and no control. As consumers, obtained by local taxpayers. you know hidden costs get translated into higher prices. Measure 30 eliminates the power of state government and Hidden costs also become higher taxes for you as a local tax- state agencies to demand that local money be used to pay for ' state required programs. P a y er. Its like giving the State unlimited credit authority to charge state programs against your local property taxes without your approval. Under Measure 30, if the state government does not pay for services required by the state government or state agencies, You have a chance through Ballot Measure 30 to re-establish local governments need not provide the services. accountability. Measure 30 restores control of their budgets to local govern- You can bring together the responsibility for enacting govern- ments and local taxpayers and ensures that local revenues will ment programs and paying for them. be used only for those programs preferred by and needed by local governments. You can stop the illusion that people are getting something As an added safeguard for local governments, Measure 30 for nothing. requires 60 percent of each house of the legislature to approve any bill that reduces the amount of money that is distributed to Slow the growth of hidden taxes. local governments from the proceeds of a specific state tax,such as the cigarette tax. Vote YES on#30. In addition,the measure does not apply to laws adopted by the people by initiative. (This information furnished by Richard M. Butrick, President,Associated Finally, Measure 30 allows the voters to determine over the Oregon Industries.) next four years whether the measure improved the operation of government. If the voters decide that Measure 30 does not bene- fit them or their local governments, the voters are given the opportunity to repeal Measure 30 in November 2000. This measure reduces the power of state government, allows local governments to set their own budgetary priorities and grants a greater share of fiscal control to local voters. A"yes"vote on Measure 30 is urged. Committee Members: Appointed by: Senator Bob Kintigh President of the Senate Speaker of the House Bev Clarno Speaker of the House Representative Ken Strobeck Speaker of the House (This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to 1993 Or.Laws 811 §10.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 24 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 30 Measure No. 30 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Dear Fellow Oregonian, What is wrong with this picture?If the legislature wants to cre- ate more programs than it has money, it can force local Have you ever wanted to tell state government to be communities to come up with the funding instead! Here is accountable?To stop passing the buck to someone else? how it works now.The state legislature passes a law requiring a program to be provided at the local level but does not budget any state tax dollars to pay for running it. Communities are then in That's what Ballot Measure 30 is all about.It's an opportuni- the position of having to increase their taxes, cut local programs ty to tell state government that, if you're going to require local or break the law. Unfunded mandates force a choice to be governments to do a job, the state is going to have to pay the made that violates local control. bill.It's that simple. Ballot Measure 30 is a constitutional amendment that will You see,far too often, it's easy for the politicians in Salem bring some certainty to the local control principle. It is a to pass the cost of providing services on to local government. practical way to make a distinction between what is the responsi- They require that counties and cities provide certain services,but bility of the state legislature to fund and what should be deter- they don't give the counties and cities the money to get them mined at the community level. Communities in Oregon are as done. varied as its landscape and citizens know what their most impor- tant local problems and issues are and how best to address Keeping criminals behind bars is a great example. Starting them. next January, a lot of criminals who would normally go to state prisons will be housed in county jails. Ballot Measure 30 is about accountability and community self determination. It forces the legislature to set priorities for Now, the state is helping to provide funds to expand jail spending the funds they control. It provides an incentive for them space to meet the increased needs. That's only right since it is to pay for the services and programs they provide and lets local the state's responsibility to house these criminals. But there is no communities select the services and programs that will best guarantee of continued operating funds from the state. That meet their needs. means the counties could be on the hook for the whole tab,if the state was to discontinue funding. Ballot'Measure 30 will be voted on again in four years.This measure has been worked on for 7 years and three legislative That's just not right. And it's why the Legislature is putting sessions. We are confident that if you pass it now, based on Ballot Measure 30 to a vote of the people. ' these arguments and the impact we say it will have,you will pass it again in the year 2000 because it worked.What could be more Ballot Measure 30 simply says that if the state says to open and fair than that? counties and cities that they have to provide a service,the state has to foot the bill. If the state is not paying the price,the county or city can decline to provide the service. (This information furnished by Kim Katsion, Commissioner, Washington Doesn't that make sense? Don't you think the politicians County-Gary Hansen, Commissioner, Multnomah County; Tanya Collier, who decide a service is worth providing should figure out how to Commissioner, Multnomah County; Ed Lindquist, Commissioner, Clackamas County.) pay for it? Please join me in voting yes on Ballot Measure 30. Sincerely, Bev Clarno Speaker of the House (This information furnished by Bev Clarno,Speaker of the House.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument the accuracy or truth of any statement made in the argument. 25 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 30 Measure No. 30 ARGUMENT IN FAVOR ARGUMENT IN FAVOR STOP UNFUNDED MANDATES—SUPPORT MEASURE 30 Ballot Measure 30 While reaching agreement on issues these days is very difficult, An unfunded mandate is a binding directive from one level of one issue facing Oregon voters this November 5 is not.The con- government to another to accomplish something without provid- cept is really quite simple. When the State of Oregon approves ing money to pay for it. Ballot Measure 30 would change this new programs that cost more money, the State of Oregon shall practice. It requires the State to provide money to local govern- provide full funding for those programs. VOTE YES ON MEA- ments for costs of mandates. Local governments are often , SURE 30 - stop the long list of unfunded mandates placed on amenable to receiving responsibilities for services when there is local government and local property taxpayers. adequate state funding or fiscal flexibility to pay for them. We also accept responsibility for state programs when we can partic- WHAT IS A UNFUNDED MANDATE? ipate in setting standards to which we will be accountable. But when we are mandated responsibilities without fiscal assistance, • the impact often results in protecting the state budget at the A program enacted by the state legislature or agencies and given to local government WITHOUT adequate expense of local budgets. As a result, are blamed for higher funding! property taxes, fees and charges to cover costs for which the state legislature should be accountable. WHO PAYS FOR UNFUNDED MANDATES? In placing Measure 30 on the ballot, legislators recognized a partnership must exist between each level of government and • YOU DO,local taxpayers through higher property taxes! fiscal impact discussions must take place before mandate legis- lation is passed. This measure acknowledges that communities CAN WE STOP THESE MANDATES? must maintain local control to provide the best services possible. In 1995.when the legislature approved this issue for the ballot, it • Vote YES on Measure 30 also passed several concurrent resolutions which they sent to Congress, petitioning the federal government to mandate spar- ingly. They recognized this issue has far reaching implications Now is a very important time to enact this constitutional referral. for all level of government. The federal and state governments are shifting responsibility for services to local government, often times without long term ade- This measure does not eliminate all mandates nor will it stop the quate funding. Local taxpayers deserve the assurances that state government from legislating in areas of state wide signifi- Measure 30 provides. The state will not have the ability to with- cance. It does say that if the state shifts responsibilities to local draw funding and leaving local property taxpayers on the hook government, the state must do so with a higher standard of for picking up the costs.A YES VOTE on Measure 30,will keep accountability and sensitivity to local control. Issues and con- the State from shifting the tax burden to the local level, cerns in our communities, such as having appropriate public safety and quality education, can not be addressed adequately Fifteen(15)states already have constitutional amendments limit- unless the state is sensitive to the impact of mandates and how ing unfunded mandates. This year Congress passed a bill limit- they affect us. Vote for State accountability and for local con- ing federal unfunded mandates. The results have been greater trol.Vote yes on Ballot Measure 30. accountability for decisions they make and less hidden taxation. Oregon voters deserve the same too Local government is willing to provide funding for its programs, lets make the state of Oregon do the same.Join us and VOTE YES On Measure 30. (This information furnished by Judge Laura Pryor, President,Association of Oregon Counties;Mayor Alice Schlenker,President,League of Oregon STOP UNFUNDED MANDATES-VOTE YES! Cities; Police Chief Charles Stull, Oregon Police Chiefs for Safer Communities,Undersheriff Alvin Allen,Sheriffs of Oregon.) (This information furnished by Richard Allen, Chair, Jefferson Co. Commission;Judge Dale White,Harney Co.Court;Steve McClure, Union Co.Commission.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or,laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 26 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 30 Measure No. 30 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Measure 30 is good news for taxpayers. "State Must Set Priorities" When the state government requires local governments to pro- Jackson County has serious financial problems. We are losing vide a particular service, but doesn't provide money to pay for millions of forest revenue dollars each year. Often citizens are that service, an unfunded mandate is created. This hidden shift not able to choose services they want due to "unfunded man- of financial responsibility happens on a regular basis when the dates" coming from the state. An unfunded mandate occurs Oregon Legislature makes demands on counties and cities. when the state requires the county to perform tasks and does not provide funding to pay for it. It's as if someone else had the ability to write checks from your personal bank account for purchases you might not Some examples that effect our citizens in Jackson County necessarily approve of or choose for yourself. include: Unfunded mandates drain the limited checkbooks of local gov- Elections-the state requires some elections be conducted at ernments. Unfunded mandates reduce local government's ability polling places, causing inconvenience for citizens and great to pay for services requested by its citizens as dollars required to expense for the taxpayers. An election at polling places costs fund mandates must be allocated first. Local services such as Jackson County more than$113,000.Vote-by-mail for the same fighting crime,running jails and reducing juvenile crime are fund- election costs only$34,000. ed last,or not at all. Land use planning-the state, through LCDC, has required the Federal law now requires Congress to pay up front or take a sep- county to complete tasks which are projected to cost the county arate vote to impose the cost of mandates on state and local tax- $277,842. In return the state has provided the county with a payers. Laws protecting civil and constitutional rights of individu- $40,000 grant. als,national security and emergency assistance are exempt from this requirement. Property assessment and taxation-the state requires counties to assess all properties and collect taxes for all cities, schools, While relief from federal dipping in our local checkbooks is fire districts etc. in the county. The process and budget for this now in place, the legislature continues to micro-manage service is totally regulated by the state. In return the state pro- county and city budgets from the State Capitol. vides the county with a grant which covers approximately 18%of the$2,214,400 cost. Measure 30 would change Oregon's Constitution and require that state funds cover the expense of future state mandates.The Right-of-ways-state law guarantees telephone, power, and gas purpose is not to eliminate desirable programs, but to require companies free access to county right-of-ways for which the that priorities and money be allocated together. county spends $110,000 each year to acquire. Additionally the county must spend $133,000 each year to locate and inspect In these tough economic times it makes no sense for the utilities right-of-way work free of charge. Counties, unlike cities, state legislature to decide how a local government's funds are not permitted to franchise public utilities so no cost recovery are spent.If a service is important enough,to become law,it is possible. should be funded from the state's resources. It is time the legislature began to set priorities and provide FULL State government should pay for state programs and local funding with their mandates.Our county does not have money to government should pay for local programs. Unfunded man- enact every mandate the state sends us. dates have plagued local planning efforts for years, always at the expense of local taxpayers. Vote yes on Measure 30 and force the legislature to set priori- ties! Vote"yes"on measure 30 and stop unfunded mandates. Randall"Randy"Franke Commissioner (This information furnished by Jack Walker, Jackson County Marion County,Oregon Commissioner; Sue Kupillas, Jackson County Commissioner;John Harmon,Jackson County Budget Committee.) (This information furnished by Randall `Randy'Franke, Commissioner, Marion County,Oregon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 27 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 30 Measure No. 30 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION IF MEASURE 30 PASSES,IT WON'T BE THE SAME OREGON IT'S UNNECESSARY—AND IT COULD BE HARMFUL Vote no if you like Oregon Ballot Measure 30 is a confusing set of unnecessary restrictions From the Desk of Governor John Kitzhaber,M.D. and requirements. Dear Oregon Voter: It will lead to more political bickering and government gridlock. It might cost us more than it saves. Measure 30 would create a confusing jumble of laws about who It could lead to inequity among Oregon residents. pays for what services in Oregon. It could lead to a loss of local control. And we don't need it. Over the years,state mandates have required schools to provide education for handicapped children, local governments to Vote NO on Ballot Measure 30. enforce building and fire codes,and counties to provide flu shots to senior citizens. Throughout Oregon, we benefit from uniform WHAT DOES IT MEAN? standards and uniform protections. They help us as individuals Ballot Measure 30 contains a host of clauses,conditions and and as communities. exemptions having to do with state mandates. It leaves open the opportunity for court fights,interpretations and long debates over If Measure 30 had been law during the last 50 years, Oregon the meaning of mandate.It complicates state law and the inter- would probably be a different -- and less healthy— state than action between the state and other jurisdictions. the one you know today. THERE'S TOO MUCH FINE PRINT For example: Ballot Measure 30 has layers of alternatives and options—but • Many parents wouldn't be able to send their children to public we don't know what the consequences really are.Do we want kindergartens. the state of Oregon telling our local governments to raise taxes • Every city in the state might still be sending raw sewage into on its residents?Do we want legislators costing us more in the rivers and streams. long run?Do we want to further gridlock the legislative process • We might have an unbroken stream of buildings from Portland that already gets bogged down?Do we want Washington,D.C. to Eugene—on the best farmland in the nation. bureaucrats,such as the EPA,to take over enforcing safety standards? Sometimes,it just takes leadership. • It will give us more gridlock and political fighting. Historically, Oregonians have benefited from far-sighted state • It could force the federal government to take over. leadership. We don't need state mandates very often. But when • It could lead to more expensive legal battles. they are enacted they often mean a leap of progress for Oregon as a state. Keep it simple.Vote no on Measure 30. The mandates put in place 15 and 20 years ago are what has made Oregon one of the most desirable places to live in the nation. (This information furnished by Ken Allen, Director, If It Ain't Broke, Don't Fix It Committee.) Vote no on Measure 30–and keep Oregon"Oregon". Oregon faces many challenges in the coming year: improving our roads, our schools and our environment. Let's focus our energy on solving those problems instead of this type of unnec- essary ballot measure. Sincerely, John A.Kitzhaber,M.D. (This information furnished by Governor John A.Kitzhaber,M.D.) (This space purchased for$500 in accordance with 19930r.Laws 811§11.) (This space purchased for$500 in accordance with 19930r.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 28 Official 1996 General Election Voters'Pamphlet—Statewide Measures Leasure No. 31 Measure No. 31 Senate Joint Resolution 41—Referred to the Electorate of EXPLANATORY STATEMENT Oregon by the 1995 Legislature to be voted on at the General Election,November 5, 1996. This measure amends the Oregon Constitution's free speech provision. Currently, Article I, section 8 of the Oregon BALLOT TITLE Constitution provides that"no law shall be passed restraining the free expression of opinion,or restricting the right to speak,write, or print freely on any subject whatever;but every person shall be responsible for the abuse of this right." co AM � twATT In interpreting this provision, the Oregon Supreme Court has held that obscenity is protected speech. R 5ULT -" > Tg"Ytts"vote.l]t1t�free efaa�lec- ri fc�fGob i 'Odt chid por repi to# 1� � This measure amends the Oregon Constitution to provide that obscenity receive no rotection than is provided b ]imrt s[eveL y g reater p y the Constitution of the United States. Under the Constitution of the United States, obscenity is not protected speech. This mea- Ei ULT O ''- ? o� "vote,f4( itns rdd�lk sure defines obscenity to include child pornography. Oortstforlxs c�tte to.seAk hefty oft t Stabs�lu� rtt?tti +,, Committee Members: Appointed by: Sll AllA R Y"; S,Ofegott- btt #iltatotl pa"Off f1a ctt ; Senator Marylin Shannon President of the Senate rrov�l tot"(fie"fist o s(re k,Wrk0, 'print rde oft�� Representative Charles Starr Speaker of the House lop C�ttrt has''hitftIt51pt13 Representative Kate Brown Secretary of State t�ts:obscettYtr 1tter! tetFSarlsfutttltt'S Ire Ste, Charles F.Hinkle Secretary of State xsn no,ow'" p of� iWa Kelly Clark Members of the Committee tttet `btA"p(t)111 40a fdf11oftt1 wee > fd8f�bE� ffiit?r fft� fi8r Uttttdt �� t�#dtls (This committee was appointed to provide an impartial explanation of the fissure the f�f P�� onS�ls 5otti1� ballot measure pursuant to ORS 251.215.) lection fo tp att�t'et tr�Et�See�pfti�rtSldn as`dtfied€ct ��i!'�t)N ink�I �f�Y tm ilA�lAT� f1 # fA£ AOT x�ltt Plfttaid]�d "' Of revue , Be It Resolved by the Legislative Assembly of the State of Oregon: PARAGRAPH 1. Section 8, Article I of the Constitution of the State of Oregon,is amended to read: Sec.8.(1)No law shall be passed restraining the free expres- sion of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be ` responsible for the abuse of this right.[-] (2) Obscenity, including child pornography, shall receive no greater protection under this Constitution than afforded by the Constitution of the United States. PARAGRAPH 2.The amendment proposed by this resolu- tion shall be submitted to the people for their approval or rejection at the next regular general election held through- out this state. NOTE: Boldfaced type indicates new language; [brackets and italic]type indicates deletions or comments. 2 s CONTINUED wild Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 31 Measure No. 31 - LEGISLATIVE ARGUMENT IN SUPPORT ARGUMENT IN FAVOR This Measure will bring Oregon back in line with the rest of the VOTE YES ON MEASURE 31 TO PROTECT United States, in terms of the opportunity to protect our homes, YOUR NEIGHBORHOOD businesses, children and neighborhoods from sexual predators. e It will reverse a controversial 1987 Oregon Supreme Court deci- YOUR WORST NIGHTMARE is to have an adult sex shop move sion that any material, no matter how obscene, was protected into your neighborhood—or next to your child's day care center, under the free expression" provisions of the Oregon school,park or playground. Constitution, and could not be regulated. This meant that Oregonians could not use zoning and alcohol laws to control the location and activities of adult sex shops and nude dancing "Without this amendment, topless bars, adult book and video establishments, and left open the question whether we could stores, and tanning businesses catering to men only can be even protect children from distribution of obscene materials. located in any part of the city adjacent to homes, churches, community centers, and schools. Many of the [Portland] outer This Measure will allow communities to zone sex shops away southeast neighborhoods are economically fragile'and ripe for from churches, schools, and residential neighborhoods, and to undesirable businesses taking advantage of lower commercial costs. Adult oriented businesses promote negative imagery and use alcohol control laws to regulate obscene"entertainment"pre- gender roles to children and adults. They have TREMENDOUS sented in some bars and taverns. It will also make it clear that DESTRUCTIVE POTENTIAL FOR NEIGHBORHOODS on the Oregonians may restrict the distribution of obscene materials to brink of deterioration." children. Mary Davis,Co-Chair,Brentwood-Darlington This Measure will not allow censorship of the arts or literature. Neighborhood Association The U.S. Supreme Court has ruled that the sale and distribution These shops are presently exempt from zoning on the basis of of"obscene"material can only be restricted if all three of the fol- being a sex shop,because it interferes with the"free expression" lowing tests are met: of sex shop owners. No other state in the continental United States has such an interpretation of "free speech" protections. 1. The average person, applying contemporary community MEASURE 31 WILL BRING OREGON IN LINE WITH THE standards, would find that the work,taken as a whole, appeals REST OF THE UNITED STATES and allow us to write effective zoning laws and alcohol-license laws to control adult sex shops to the prurient interest; and nude dance bars. 2. The work depicts or describes, in a patently offensive way, MEASURE 31 IS ENDORSED BY NEIGHBORHOOD sexual conduct specifically defined by the applicable state law; GROUPS: and Ash Creek Neighborhood Association Brentwood-Darlington Neighborhood Association Community Livability Coalition 3. The work, taken as a whole, lacks serious literary, artistic, Kerns Neighborhood Association political,or scientific value. Lents Neighborhood Association Madison South Neighborhood Association With this Measure,the people of Oregon will enjoy freedom of Mt.Scott Park/Arleta Neighborhood Association expression, as they enjoyed it from 1859 to 1987, but they will also have the ability to protect their children and neighborhoods. MEASURE 31 IS ENDORSED BY BUSINESS GROUPS: We urge you to vote yes on this Measure. Hollywood Boosters St.Johns Business Boosters Committee Members: Appointed by: Sandy Boulevard Business Association Senator Shirley Stull President of the Senate The Executive Club Representative Ray Baum Speaker of the House Representative Kevin L.Mannix Speaker of the House FORMER GOVERNOR VICTOR ATIYEH supports Measure 31. LEAGUE OF OREGON CITIES (This Joint Legislative Committee was appointed to provide the legislative "The[ ]Board's elected officials argument in support of the ballot measure pursuant to 1993 Or.Laws 811 took a position of support of...Ballot Measure 31." §10•) League of Oregon Cities Newsletter/August, 1996 OTHER CIVIC AND RELIGIOUS ASSOCIATIONS ENDORSE MEASURE 31: Parents Education Association Interstate Baptist Association Oregon Catholic Conference Oregon Family Council Oregon Association of American Mothers,Inc. Holy Trinity Greek Orthodox Church Oregon Women's Leadership Task Force (This information furnished by Susan M.Marshall,Executive Director, Safe Neighborhoods.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 30 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 31 Measure No. 31 ARGUMENT IN FAVOR ARGUMENT IN FAVOR PORNOGRAPHY CAUSES CRIMES AGAINST WOMEN AND LAW ENFORCEMENT SUPPORTS MEASURE 31 � CHILDREN C It is legal in Oregon to sell, buy or rent adult hard-core MEASURE 31 WILL HELP FIGHT CRIME in our neighborhoods. pornography right over the counter which graphically Under Oregon's current interpretation of "free expression," our depicts women being exploited and degraded through rape, officials cannot regulate adult sex shops, to the point that these bondage,group sex,torture,incest and bestiality. businesses are virtually exempt from zoning laws. Sex shops draw sex offenders, prostituted women and "johns" into the Experts who study the effects of pornography have made some neighborhoods. startling discoveries. The National Coalition for the Protection of Women and Children published these findings in Research on It is not unusual to find used condoms, used syringes and sex Pornography.The Evidence of Harm, 1989: toy packaging littering the neighborhood streets around these FACT: sex shops. This is evidence of crimes that do not even make it 86%of rapists studied admitted regular use of pornography,with into the official police department statistics. 57% admitting actual imitation of pornography scenes in com- mission of sex crimes. (Dr. William Marshall, Professor of Measure 31 will assist our law enforcement officials in their Psychology,Queens University,Ontario,Canada, 1983) efforts to control the illegal effects of the pornography industry. FACT: MEASURE 31 IS ENDORSED BY OREGON LAW ENFORCEMENT: Research conducted involving 36 serial murderers revealed that Oregon District Attorneys Association 81% reported pornography as one of their highest sexual inter- Oregon Council of Police Association ests, making it one of their most common profile characteristics. Oregon State Police Officers Association (FBI, 1985) Sheriffs of Oregon Oregon Police Chiefs For Safer Communities FACT: Oregon Peace Officers Association Rapists are 15 times as likely as non-offenders to have had Multnomah County Sheriff Dan Noelle exposure to "hard-core pornography" during childhood or between 6 to 10 years of age. (Goldstein, Kant, and Harman, MEASURE 31 IS ENDORSED BY OREGON COUNTY DISTRICT 1973) ATTORNEYS: COUNTY DISTRICT ATTORNEY FACT: Baker Gregory L.Baxter 87%of molesters of girls and 77%of molesters of boys moles- Clackamas John S.Foote ters studied at Kingston Penitentiary–admitted to regular use of Columbia Martin A.Sells hard-core adult pornography.(Marshall, 1983) Coos Paul R.Burgett Deschutes Michael T.Dugan Douglas Jack L.Banta FACT: Grant Edward M.Holpuch,Jr The number one consumer of adult hard-core pornography is Harney Timothy J.Colahan adolescent boys between 12 and 17 years of age.(U.S.Attorney Hood River John T.Sewell General's Commission on Pornography, 1986) Jackson Mark Huddleston Josephine Timothy R.Thompson THE EVIDENCE IS IN.PORNOGRAPHY HURTS WOMEN AND Klamath Edwin I.Caleb CHILDREN. Lane Doug Harcleroad Linn Jason Carlile "[Pjornography conveys a message which is degrading to Malheur Patricia Sullivan women and an affront to human dignity. Commercial pornogra- Marion Dale W.Penn phy promotes the misuse of vulnerable people and can be used Morrow Earl R.Woods Jr by either a perpetrator or a victim to rationalize sexual violence." Multnomah Michael Schrunk (Working Group, Minnesota Attorney General's Report, Polk Fred E.Avera Appendix B) Tillamook William Bryan Porter VOTE YES ON MEASURE 31 TO ENSURE THAT OREGON Union Russell B.West WOMEN AND CHILDREN HAVE ALL THE PROTECTION Wallowa Daniel Ousley ALLOWED BY THE U.S.CONSTITUTION. Wheeler Thomas W.Cutsforth (This information furnished by Olive Hodson, Executive Director, Oregon (This information furnished by Susan M. Marshall, Executive Director, Women's Leadership Task Force.) Safe Neighborhoods.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of,Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 31 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 31 Measure No. 31 ARGUMENT IN FAVOR ARGUMENT IN FAVOR WHY DO BUSINESS ASSOCIATIONS SUPPORT LOCAL OFFICIALS SUPPORT MEASURE 31 MEASURE 31? Businesses and jobs are very important to communities.The last We on Sandy Boulevard are painfully aware of the effects of thing we want to do is to hurt business. At least 14 major LAND non-regulation of hard-core pornography,obscene nude dancing USE STUDIES across the country have DOCUMENTED the and the like. HARM that the LOCATION OF SEX SHOPS have on healthy business districts and livable neighborhoods. Commercial and Illegal prostitution activities, used hypodermic needles, citizens residential property values decrease as crime increases. being harassed by prostituted women and "johns" have been a daily occurrence on our street. Why? The glut of adult-oriented MEASURE 31 IS NOT ABOUT GOVERNMENT CENSORSHIP. businesses in our business districts and neighborhoods. Our key protection against censorship is the First Amendment of the United States Constitution. By bringing Oregon in line with SINCE 1987, OREGON HAS BECOME A TARGET FOR THE the federal constitution, we are guaranteed that U.S. First LEGAL AND ILLEGAL SEX INDUSTRY. Amendment standards will be honored in Oregon. "We rank No. 1 nationally in the type of sexual contact we allow, Measure 31 simply ALLOWS OREGON TO USE THE SAME in the number of businesses per capita, and in the number who STANDARDS as the rest of the UNITED STATES in regulating participate in the industry." obscene material in adult sex shops. Retired Portland Detective Daryl Dick, The Oregonian, "The[Tigard City]Council agreed by consensus to endorse May 7, 1995 Ballot Measure 31." Tigard City Council Meeting Minutes,May 14,1996 "Portland has more than 100 nude bars....Los Angeles, in con- trast,has five nude bars." THE OREGON MAYORS ASSOCIATION ENDORSES MEA- Tom Bates, The Oregonian,May 7, 1995 SURE 31. "...a number of adult business-people from all over the country MAYORS ENDORSE MEASURE 31: read our little article and either packed up,lock,stock and barrel, CITY/TOWN MAYOR and moved their business to Oregon, or decided to open a Athena Mark R.Seltmann branch office there." Aumsville Harold L.White Beaverton Rob Drake Mark Kernes,Adult Video News,Issue 142, Brookings Tom Davis October, 1994 Florence Roger W.McCorkle Grants Pass Gordon S.Anderson OREGON HAS LAID OUT A WELCOME MAT TO ADULT Gresham Gussie McRobert BUSINESSES! Hillsboro Gordon Faber Oregon is the gDly state in the continental United States to inter- Huntington Billy E.Howland pret obscenity as"free speech". This measure would bring us in King City Jack Kloster line with the federal constitution and the rest of the continental LaGrande Gary O.Hathaway United States. Medford Jerry Lausmann Milwaukie Craig J.Lominicki Milton Freewater Mary Nicholson Based on our Oregon constitution, the Oregon Supreme Court Springfield Bill Morrisette threw out Portland's adult business zoning laws in 1988. As a Talent Frank D.Falsarella result, we have not had the zoning laws that exist in the rest of Tualatin Lou Ogden the continental United States. Troutdale Paul Thalhofer Umatilla George A.Hash REASONABLE AND EFFECTIVE REGULATION OF ADULT Vale Rhonda L.Bernard BUSINESSES IS NOT CENSORSHIP! It is just good law for West Linn Jill Thorn businesses and residents. Wilsonville Gerald A.Krummel We support chronic nuisance laws, prostitution-free zones and VOTE YES ON MEASURE 31 enforcement of criminal laws.However,it is not enough. MEASURE 31 IS REASONABLE AND NECESSARY. (This information furnished by Susan M. Marshall, Executive Director, Safe Neighborhoods.) (This information furnished by Ed Baldwin, President, Sandy Boulevard Business Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 32 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 31 Measure No. 31 ARGUMENT IN FAVOR ARGUMENT IN FAVOR OREGON LEGISLATORS SUPPORT MEASURE 31 WE NEED MEASURE 31 TO BETTER PROTECT WOMEN AND CHILDREN MEASURE 31 IS GOOD FOR ALL OF OREGON – URBAN, SUBURBAN AND RURAL.The only people it will hurt are adult "I've lived in prison for a long time now and I've met a lot of men sex shop owners who insist on the unrestricted right, under"free who were motivated to commit violence just like me and expression" arguments, to locate their shops next to churches, without exception every one of them was deeply involved in synagogues, schools and playgrounds; drive down property val- pornography. Without question, without exception, deeply influ- ues; and attract sexual predators and prostitution activities into enced and consumed by addiction to pornography." neighborhoods. Serial Killer Ted Bundy,Fatal Attraction video, 1989 Since 1987, Oregon courts have struck down obscenity and "[E]xposure to sexually violent materials has indicated an zoning restrictions, all under the guise of "greater' free speech increase in the likelihood of aggression. Research shows a protection in Oregon. NO OTHER STATE in the continental causal (i.e. cause-and-effect] relationship between exposure to United States SUFFERS FROM SUCH A LIMITATION on its this material and aggressive behavior toward women." ability to protect neighborhood livability. Final Report of the Attorney General's Commission on Pornography, 1986 Measure 31 will bring a balance back to Oregon.FREE SPEECH WILL BE PROTECTED under the Oregon and U.S. OREGON'S CONSTITUTION PREVENTS US FROM DOING Constitutions while still allowing us the same regulatory powers ANYTHING ABOUT THIS DANGEROUS INDUSTRY. of zoning and alcohol licensing laws, as to adult sex shops and nude dance bars,that are available in other states. The 1987 State v. Henry ruling contradicted the U.S. stan- dard and protected obscenity as free speech in Oregon, A BI-PARTISAN MAJORITY of Oregon's state representatives thus denying Oregonians the right other states have to reg- and senators REFERRED MEASURE 31 to the people for a ulate it.Here are some results: vote, to return our constitution to reasonable standards which existed in Oregon until 1987. "[A]bsolute free speech did not bring an influx of free thinkers or an artistic revolution.It produced an avalanche of smut." THE FOLLOWING STATE LEGISLATORS ENDORSE MEA- Tom Bates, The Oregonian,May 7, 1995 SURE 31: "Oregon is known for its livability. It's also known for its sleaze. In SENATORS REPRESENTATIVES REPRESENTATIVES fact, some refer to our green state as 'the sleaze capital of the Ken Baker Ron Adams Lisa Naito U.S.'" Gene Derfler Ray Baum Carolyn Oakley Southeast Examiner,May 1994 Lenn Hannon Chuck Carpenter Eileen Qutub Tom Hartung Bev Clarno Lynn Snodgrass "Portland's raunch is prolific, profitable and protected by law.... Bill Kennemer Tony Corcoran Ken Strobeck Though there are no official statistics, local police and industry John Lim Bill Fisher Veral Tarno experts say there are more nude dancing bars per capita in Gordon Smith Kevin Mannix Liz VanLeeuwen Portland than in any other city in the United States." Shirley Stull Randy Miller John Waft Rachel Zimmerman, Willamette Week,April 28, 1993 Greg Walden Bob Montgomery Larry Wells Mae Yih IT IS ABSOLUTELY ESSENTIAL that the Oregon Constitution be restored to it's pre-1987 standard and the standard of the U.S.Constitution. (This information furnished by Kevin L. Mannix, Treasurer, Safe VOTE YES ON MEASURE 31 to ensure reasonable regula- Neighborhoods.) lion of a dangerous industry. (This information furnished by Louise R.Shaw,Assistant Director,Oregon Women's Leadership Task Force.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the ar ument. I the accuracy or truth of any statement made in the argument. 33 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 31 Measure No. 31 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION LIBRARIANS OPPOSE MEASURE 31 NO ON MEASURE 31 Measure 31 would wreak havoc on Oregon libraries and their PROTECT KIDS AND RIGHTS ability to serve their users.That is the best professional judgment of the Oregon Library Association. A broad based coalition has formed to defeat Measure 31. Endorsements for the No on Measure 31 campaign include By restricting the Oregon Constitution's present strong free- elected officials of both political parties from statewide office,city speech protections, Measure 31 would allow our state's 240 and county commissioners, and state senators and representa- cities and 36 counties to define, individually,their own obscenity tives; arts organizations, human rights advocates, booksellers, laws based on their local standards. librarians, music retailers,film and video stores, publishers, gal- leries, writers, religious leaders, business people and newspa- Acceptable legal language in one community might be rejected pers throughout the state. as unsuitable by Oregonians in another part of the state. The resulting anarchy in laws governing free speech would cast a Measure 31 will do nothing to protect our children.Measure 31 is shadow of confusion and uncertainty over library services about censorship. throughout Oregon. RULING REMOVES NEED FOR MEASURE Our public libraries and their services to patrons have been built over the years on a bedrock of free speech protections in Article "Oregon's prosecutors do not have to stand by passively as 1,Section 8 of the Oregon Constitution. pornographers profiteer on sex crimes against children. That is the essence of the Oregon Supreme Court's welcome decision in Oregon's founding fathers believed deeply in free speech, and State v.Stoneman. the Bill of Rights they drafted is even stronger than the federal protections. They believed that an informed citizenry is the "Oregon voters wisely rejected Measure 19 in 1994.That was an essential element of a democracy, and that unhampered access effort to overthrow the Oregon Constitution's free-speech provi- to information was,therefore,absolutely vital. sions,protections and precedents in favor of local control in each of the state's 240 cities and 36 counties. On that premise, Oregon libraries have planned their collections to serve the widest possible population of Oregonians. Because "...Oregonians accurately saw through the campaign's shallow of that breadth, though, every library has some materials that fear tactics to conclude that we don't have to gut the Oregon Bill might upset someone.We are a diverse people. of Rights to fight child pornography But that very diversity--now a strength--could become a fatal "Measure 31, a successor to Measure 19, will be on the weakness without strong free speech protections. Splinter November ballot.... Suffice it to say, the major reason many of groups in our society would be free to challenge books in a the measure's supporters backed it two years ago--fear of child library that didn't agree with their particular moral view. pornography running wild--has disappeared. Interlibrary lending would suffer from uncertainty because of dif- fering local laws governing obscenity. Selection of new books and other materials would be subject to influence from narrow "What is left reeks suspiciously of the culture police prowling pressure groups. book shops, art galleries and video-rental stores searching for I anything that trips across fuzzy,shifting lines of local moral purity Whatever its intended purpose, Measure 31 poses a deep and and tolerance" serious threat to the integrity and democratic mission of our pub- lic libraries. We in the Oregon Library Association urge our --The Oregonian,July 20, 1996 friends and patrons to protect our traditional values and vote no on Measure 31. "We should thank the court, reject the measure, and keep the constitution uncluttered and clean." --Albany Democrat Herald,August 20, 1996 (This information furnished by Edward House, Oregon Library Association.) NO CENSORSHIP-NO ON MEASURE 31 (This information furnished by David Factor, No Censorship - No On Measure 31 Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not.constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 34 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 31 Measure No. 31 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION MEASURE 31 IS ABOUT CENSORSHIP SUPPORT THE ARTS VOTE NO ON MEASURE 31 DON'T BE FOOLED Ballot Measure 31 imperils artistic freedom in Oregon. Measure Measure 31 is deceptive: it sounds so simple. It would, howev- 31 allows the government to decide for citizens what is er, permit all 276 cities and counties in Oregon to adopt "obscene". Government has a history of censorship. Here are local restrictions.on "obscenity", potentially creating a huge some titles which have been attacked: number of local censorship laws, each one different from the other. BOOKS: One Flew Over the Cuckoo's Nest, Canterbury Tales, The Grapes of Wrath, Oliver Twist, Lysistrata, A Farewell to This measure would leave arts organizations and businesses Arms, The Color Purple,Paradise Lost. open to criminal and civil prosecutions should any of their materi- al be alleged to be obscene. MOVIES: Gone With the Wind, Howard's End, Pretty Woman, Romeo and Juliet, Splash, Cape Fear,Birth of a Nation, Maltese The threat of self-appointed guardians of public virtue is as real Falcon. today as it was in 1947, when police censor Charles Snyder said,"Lady, i don't care what kind of prize he's won, he can't put THEATRICAL WORKS: A Midsummer's Night Dream, on a dirty show in my town."The "he"was Eugene O'Neill; the M.Butterfly,Equus,Angels in America. prize was the Nobel Laureate for Literature;and,the show was A Moon for the Misbegotten. Our scarce police resources ARTWORK: Michelangelo's statue of David and fresco Last should not be used investigating allegations of "dirty" Judgment, Goya's Maja Desnuda, Manet's Olympia, Rodin's words and pictures. Thinker. Measure 31 suggests that it is a measure designed to curtail Should it be a crime for Oregonians to read, see or hear these child pornography -- a noble cause that we support. However, works?Measure 31 would allow all 276 Oregon cities and coun- the Oregon Supreme Court recently upheld Oregon's tough ties to define what has redeeming artistic merit, and what is child pornography laws. Repealing a portion of the Oregon Bill obscenity. of Rights is not necessary to solve any child pornography prob- lems -- but it would have a chilling effect on the arts and busi- ness by encouraging challenges to books,music,plays,and art. The government -- not you, and your family -- will decide what you can see, read or hear,even in the privacy of your own home! WE OPPOSE CENSORSHIP IN ANY GUISE Oregonians would get nothing in return for the sacrifice of this Government should not be in the position of deciding what artists constitutional right, not even better protection of our children.We can and cannot express and what audience members can and support the state's strict laws against child pornography, which cannot see. were recently upheld by the Oregon Supreme Court. Join us in voting NO on Measure 31. Decide for yourself what you and your family may read,see or hear. Oregon Shakespeare Festival; Tom Potter, Former Portland Police Chief; Sen. Ron Cease; Sen. Shirley Gold; Right To VOTE NO ON MEASURE 31 Privacy PAC; Cheryl Perrin; Rep. Kate Brown; Rep. Kitty Piercy; Rabbi Emanuel Rose, Temple Beth Israel; Beverly Stein, Multnomah County Chairperson; Ellen Lowe; Oregon Advocates for the Arts, Regional Arts and Culture Commissioner Mike Lindberg; Rep.Avel Gordly; Rep. Floyd Council, Portland Repertory Theatre, Portland Center Stage, Commissioner Video Software Dealers Association (Oregon/SW Washington), James Canfield, Elizabeth Leach, Kristy Edmunds,Victoria Frey Quartersaw Gallery (This information furnished by David Factor, No Censorship - No On Measure 31 Committee.) � (This information furnished by David Factor, No Censorship -No On Measure 31 Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant I ment by the State of Oregon, nor,does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 3 5 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 31 Measure No. 31 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION ORGANIZATIONS FIGHTING FOR WOMEN'S RIGHTS DEFEND YOUR RIGHTS TO FREE SPEECH OPPOSE MEASURE 31 DEFEAT CENSORSHIP IN OREGON! As organizations who care about women and children, we oppose Measure 31. No law shall be passed restraining the free expression of opin- ion, or restricting the right to speak, write, or print freely on any Oregon already has strict laws against child pornography, subject whatever; but every person shall be responsible for the abuse of this right." , Measure 31 will do nothing to strengthen these laws. Article 1,section 8, Oregon Constitution Measure 31 will create the kinds of censorship laws that do not MEASURE 31 TAKES AWAY YOUR RIGHTS TO FREE help women and children. Instead they have a long history of SPEECH being used against women. Measure 31 is about government censorship. For 137 years the Oregon Constitution has protected the rights • Books for and about women, such as Our Bodies Ourselves; of its citizens to speak, write, and print their ideas. If passed, Are You There, God It's Me,Margaret;The Color Purple;and Measure 31 will take away your current constitutional guarantee The Diary of Anne Frank are the target of censorship in places of free speech. It will allow every Oregon city and county --all with obscenity laws like Measure 31. 276 of them-- to enact different laws about what you can read, • Information about birth control has been banned under write, say, print, paint, photograph,film, look at, sing,or dance- EVEN IN YOUR OWN HOME. "obscenity" laws. Margaret Sanger (founder of Planned Parenthood) is just one woman who was arrested for dis- cussing MEASURE 31 AUTHORIZES TAXPAYER FUNDED birth control. GOVERNMENT CENSORSHIP. • Pornography critic Andrea Dworkin supported a new law in Canada which censors certain materials deemed obscene. Your tax dollars will pay for the enactment and enforcement of She has since had her own books seized by customs officials new censorship laws,just as your tax dollars are being spent on under the new law. this ballot measure now. Do you want to pay for the government • Men who use the excuse"porn made me do it"for their crimes to censor what materials you can access? should be held fully accountable for their actions and not pass off the blame. MEASURE 31 DOES NOTHING TO STOP CHILD CENSORSHIP HURTS WOMEN PORNOGRAPHY The personal experiences of women and their efforts to improve Measure 31 will do NOTHING to strengthen Oregon's current their lives have been censored for decades as obscene or porno- forceful laws against child pornography. The 1995 legislature graphic. strengthened Oregon's already tough laws against the distribu- tion, sale, manufacture, and possession of child pornography. Personal accounts of women and children who are victims of The Oregon Supreme Court recently confirmed that there is I sexual and physical violence are the most frequently censored. nothing in the free speech provision of the Oregon constitution One example is Maya Angelou's book /Know Why the Caged which prevents the vigorous prosecution of child pornographers. Bird Sings which censors tried to ban in 6 different states last year. OREGON DOESN'T NEED CENSORSHIP. Join Us in Protecting Women's Rights VOTE NO ON MEASURE 31. Don't Open the Door to Widespread Censorship VOTE NO ON MEASURE 31. ACLU of Oregon Michael Powell,Powell's Books Tower Books Pacific Northwest Booksellers Hungry Head Books American Association of University Women of Oregon Association J.Michaels Books Feminists for Free Expression PEN Northwest The Book Mark The Lesbian Community Project Caryn Brooks,Borders Books Judith Armatta,Legal.Counsel,Oregon Coalition Against and Music Domestic and Sexual Violence Sheila Burns,Bloomsbury Books c (This information furnished by David Factor, No Censorship- No On (This information furnished by David Factor, No Censorship-No On Measure 31 Committee.) Measure 31 Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 36 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 31 ARGUMENT IN OPPOSITION VOTE NO ON CENSORSHIP VOTE NO ON MEASURE 31 If Measure 31 passes, the government -- not the individual could decide what Oregonians read, see, hear and say, even in the privacy of their own homes. Oregonians will be stripped of 137 years of free expression rights. Measure 31 can make possession of "obscene" materials a felony crime. Under this kind of law, adults reading The Diary of Anne Frank, One Flew Over the Cuckoo's Nest, To Kill a Mockingbird or even the children's book In the Night Kitchen-- books already labeled obscene in states with similar laws--can be charged with a crime for reading them in their own homes. Here are the facts about Measure 31: • Oregonians are asked to surrender their own good judgment to the government. • Police could be allowed to intrude on the sanctity of private homes in Oregon if possession of obscene materials is made a crime. • Each city and county government in Oregon could establish its own definition of obscenity. • Censorship would be enforced at taxpayer expense. Measure 31 would erode Oregon's Bill of Rights without strengthening the state's already strict child pornography laws.Our present laws already prohibit anyone using a child in a display of sexually explicit conduct,encouraging child sex abuse, visually recording sexual conduct by a child, possessing these kinds of depictions,transporting child pornography into the state, manufacturing or distributing child pornography. The Oregon Coalition for Free Expression supports these tough laws. The Oregon Coalition for Free Expression, an organization com- prised of individuals, and organizations representing bookseller, artists, librarians, publishers, and neighborhood video stores, urges Oregonians to hold fast to their right to be free from cen- sorship in what they read,see,and hear. Say no to censorship.Vote no on Measure 31. (This information furnished by David Factor, No Censorship-No On Measure 31 Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 37 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 Proposed by referendum petition to be voted on at the General rail systems and their attendant rights of way, equipment Election,November 5, 1996. and facilities in the urban and metropolitan areas of the State of Oregon do and will accomplish the purpose of cre- ating jobs and furthering economic development in Oregon BALLOT TITLE by,among other advantages: t (A) Providing an important element of the public infra- structure that provides the basic framework for continuing VA100 RE ION, expanding economic activity in this state; 3 LlOIT JUL r ANOPOR t;i1 M, PR ,, (B)Increasing the economy and efficiency of public trans- ow portation, improving the attractiveness of urban and metro- ' politan areas to new businesses and supporting the opera- f ' tions and prosperity of existing businesses in those areas �' e o�nxo � Fe, by making those businesses more accessible to their cus- 1 ri �t.'trarlSl3oftation pj o� mss . tomers and employees; f'oti�#c (C)Alleviating the inefficiencies of congestion and crowd- ing associated with,and reducing the burdens of expansion vfw_ ` Ifl�V wog vota re'ects lottery of ds for'; and maintenance of,existing public transportation systems aid red ti�htral t�} rtstior9;pr�putsik "f?t? #end' and facilities, as well as reducing energy consumption and Xe = air pollution fostered by the use of motor vehicles; ? - D Creating employment opportunities in urban and met- Ry PP� teto t8 w o fund< ropolitan areas through the funding of projects for the folw+1g, si'us +as 1) , mill dli of"stata's development and construction of the light rail systems;and share,of cost t' t�lef p da 5 Nmrttt Ngtttr l,and (E) Generating significant new state and local income tax l )YTtrrtarftiilt earl �Wty revenues through jobs and other economic development Account,",payabje to c i#s" it, C aunt ftir train oftatf4n Vitro created by construction and operation of the South North jects auts�df� Porte ltd l�fi fk rri6t a of"1 Tian f an= Line light rail project. inquity Aoft fr1ffr of 1tf1fr8i ouraa ": (b) Additionally, the provision of state and local moneys Unoblloatad net 16 4ry,o' r C Mn6t b4 for the proposed South North Line light rail project will soli unless federal light,raft matching funds available.Other pro- encourage the contribution of otherwise unavailable federal trif matching grant moneys, the use of which will, for the rea- sons stated in paragraph(a)of this subsection,forward the purpose of creating jobs and furthering economic develo 14" u ~1 � IyIPA 'l" The Ilia aaurer aut es g P- � i � )eoif tfaria�c#tta#tt�t1 ��fe� tti� t ment in Oregon. "Sale' 1=0 (c)Based on the legislative findings described in this sec- a`print suite to$4�fttitl bond tion,the use of net proceeds from the operation of the state t #Ca rgres ( ) of, ) will lottery for the support of the South North Line light rail pro- I a - t± rt ire of rd a ttufrfitYOrt ject is an appropriate use of state lottery funds under sec- of Reg Este fDtat f rt"Met a�€rtsfi6 tion 4, Article XV of the Oregon Constitution and ORS fi` Al wu� t t�CfS,for this•��light 461.510. �pt't3]e Sits, btrlds. (d) Payment of this state's share of the cost of expanding tM f4r usedt tt �f 0011 rtatiaft farofecte", the regional light rail system constitutes this state's primary o riorr '�t3onds, �f , commitment to the funding from lottery revenues of eco- � a er)+fatrellttaik�for=ofti€ nomic development projects in Clackamas, Multnomah and �g��� #etf:ir�sif to aNtw` Washington Counties with state lottery funds. l e g� in�h the f�W (e) The development of light rail projects in Clackamas, 1 e e o if iias ed taull Multnomah and Washington Counties will reduce the need est m �j„+ttryC}t revs" in those counties for construction of new highways funded au ra ate ��ih with state highway funds. addlticrt, slue' �n#te # , (f)It is the intent and policy of the Legislative Assembly to ava# 6veiFlet1 ���t (r�f3rtahon ensure the funding and support of the South North Line Pfq�owe f �tt �glorl hf ttftu light rail project in the manner provided in sections 1 to 25 '911 he ea f�imwtil oi� of this Act,to the extent required for the state to realize the �fttft bus ka0rgrt�tutu,. benefit of all federal matching funds made available for that project,and to the extent necessary to complete the project. (g)At the May 16, 1995, Special Election,the voters of the State of Oregon approved Measure No.21,an amendment to section 4, Article XV, Oregon Constitution, which requires A BILL FOR AN ACT the appropriation of sufficient amounts from the net pro- ceeds of the State Lottery to pay lottery bonds before net Relating to the funding of transportation projects; creating new proceeds of the State Lottery may be appropriated for any provisions; repealing ORS 197.587, 391.160, 391.165, other purpose. 391.170, 391.175, 391.180, 391.185, 391.190, 391.195, (h) In the autumn of 1995, the Congress of the United z 391.200, 391.205, 391.210, 391.215, 391.220, 391.225, States commenced its legislative process for authorizing 391.230 and 391.235 and sections 10, 16, 16a, 16c, 17, 18, various mass transit projects throughout the nation,includ- 31a and 31b, chapter 3, Oregon Laws 1995 (special ses- ing the South North Line. In order to be in a position to sion);appropriating money;and declaring an emergency. obtain the needed commitment of federal matching funds Be It Enacted by the People of the State of Oregon: for the South North Line,it is necessary for this state to pro- vide, prior to the completion of such federal legislative SECTION 1.(1)The Legislative Assembly finds that: process,for the commitment of the state lottery funds need- (a)The development,acquisition and construction of light ed for this state's share of the costs of the South North Line 38 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 and to make provision for the prompt final judicial resolu- thereof located within and without the State of Oregon, as tion of all constitutional challenges to sections 1 to 25 of set forth in the Regional Transportation Plan adopted by this Act. Metro as such plan may be amended from time to time. (2)The Legislative Assembly declares that the purpose of (12)"South North lottery bonds" means the bonds autho- sections 1 to 25 of this Act is to establish a state revenue rized to be issued under section 7(1)of this Act for the pur- bond program to provide the state's share of the cost of the poses of funding essential transportation projects through South North Line.The bonds authorized by sections 1 to 25 the Transportation Equity Account established under sec- of this Act shall be revenue bonds only, and the obligation tion 12 of this Act and of funding the state's share of the of the state with respect to the bonds,including any interim cost of the South North Line.The term includes any interim financing obligations, and with respect to any grant agree- financing obligations issued to provide interim financing for ment or pledge authorized by sections 1 to 25 of this Act this state's share of the costs of the South North Line pend- shall at all times be restricted to the availability of unobligat- ing the issuance of long-term South North lottery bonds. ad net lottery proceeds, any appropriated funds and any (13) "Tri-Met" means the Tri-County Metropolitan other moneys lawfully credited to the South North Transportation District of Oregon, a mass transit district Construction Fund and the Light Rail Bond Fund. Neither created under ORS chapter 267. the faith and credit of the state,nor any of its taxing power, (14) "Unobligated net lottery proceeds" means all rev- shall be pledged or committed to the payment of bonds, enues derived from the operation of the state lottery except including any interim financing obligations, or any grant for: agreement, pledge or other commitment or covenant of the (a)The revenues used for the payment of prizes and the state authorized by sections 1 to 25 of this Act. expenses of the state lottery as provided in section 4(4)(e), SECTION 2.As used in sections 1 to 25 of this Act,unless Article XV of the Oregon Constitution, ORS 461.500(2) and the context requires otherwise: 461.510(3)and(4); (1)"Appropriated funds"for a particular fiscal year means (b)The revenues required to be applied,distributed or allo- the funds specifically appropriated or otherwise specifically cated as provided in ORS 461.543;and made available by the Legislative Assembly or the (c) The revenues allocated to the Regional Light Rail Emergency Board,as the case may be,acting in its sole dis= Extension Construction Fund pursuant to ORS 391.140 that cretion, in the fiscal year to replenish reserves established are required under ORS 391.125(1)to be transferred to the as additional security for light rail lottery bonds pursuant to Regional Light Rail Extension Bond Account for the pur- the authority granted In section 7 of this Act. pose of paying when due the principal of and interest on the (2)"Dedicated lottery revenues"for a particular fiscal year Westside lottery bonds. means an amount of unobligated net lottery proceeds equal (15)"Westside lottery bonds" means the bonds issued by to$31.8 million until South North lottery bonds are sold and the state pursuant to the authority granted in ORS 391.140, $43.8 million thereafter minus the amount of lottery rev- but not including any refunding lottery bonds. enues that are required under ORS 391.125 (1)to be trans- (16) "Portland metropolitan region" means the area within ferred in that fiscal year to the Regional Light Rail Extension the urban growth boundary established by Metro as that Bond Account for the purpose of paying when due the prin- boundary existed on July 1,1995. cipal of and interest on the Westside lottery bonds. SECTION 3.(1)The South North Construction Fund,sepa- (3)"Department"means the Department of Transportation. rate and distinct from the General Fund, is established in (4) "Director" means the Director of Transportation of the the State Treasury. The following funds are appropriated State of Oregon. continuously to the Department of Transportation,and may (5)"Financing obligations" means any bonds,notes,com- be expended by the department for the purposes of paying mercial paper or other obligations for money borrowed the costs of the preliminary engineering, final design, issued by or on behalf of Tri-Met for the purpose of financ- advanced right of way acquisition or construction and ing any of the costs of designing, acquiring, constructing acquisition of equipment and facilities of the South North and equipping the South North Line, including the oblige- Line: tions of Tri-Met under any municipal bond insurance policy, (a) All moneys on deposit from time to time in the South letter of credit, line of credit, surety bond or other credit North Construction Fund, including investment earnings enhancement or liquidity device given to secure or provide thereon;and liquidity for any such bonds, notes, commercial paper or (b)All dedicated lottery revenues in a particular fiscal year other obligations. that are not required to be deposited into the Light Rail (6) "Grant agreement" means any agreement entered into Bond Fund pursuant to section 5(1)of this Act for the pur- by the director and Tri-Met pursuant to section 3(2)of this pose of paying the principal of and interest on the light rail Act. lottery bonds coming due in such fiscal year, including any (7)"Light Rail Bond Fund"means the account created pur- such dedicated lottery revenues that are required to be, but suant to section 5 of this Act. have not yet been, transferred to the South North (8)"Light rail lottery bonds"means: Construction Fund.Moneys in the South North Construction (a)Any refunding lottery bonds; Fund may be expended for South North Line purposes by (b)All South North lottery bonds;and application of such moneys to pay amounts committed to (c)Any bonds issued to refund any of the bonds described be paid under all grant agreements entered into between the in paragraph(a)or(b)of this subsection. Director of Transportation and Tri-Met pursuant to this sec- (9)"Metro"means the metropolitan service district created tion and the expenses of the department in administering under ORS chapter 268 and exercising home rule charter the South North Construction Fund and the Light Rail Bond powers. Fund. If required to pay principal of or interest on light rail (10) "Refunding lottery bonds" means any bonds issued lottery bonds as those obligations become due and payable, for the purpose of refunding any Westside lottery bonds. moneys in the South North Construction Fund may be trans- (11)"South North Line"means the line extending Tri-Met's ferred to the Light Rail Bond Fund for the purpose of mak- ing ail system of the inter- mg such payments. Interest and earnings received on mon- regional light m between the vicinity eys credited to the South North Construction Fund shall section of t Sunnye Road and 1-205 cin in Clackamas County, Oregon, to Clark County, Washington, including accrue to and become part of the South North Construction Fund. Interest and earnings received on moneys credited to each phase and each segment thereof and all portions 39 CONTINUED Official 1996 General Election,Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 the Light Rail Bond Fund shall accrue to and become part of (c)With respect to the segment of the South North Line for the Light Rail Bond Fund. which funding is being sought, that the body of local off I- (2)The director may enter into grant agreements with Tri- cials and state agency representatives designated by Metro Met that commit the department to pay anticipated funds and known as the Joint Policy Advisory Committee on from the South North Construction Fund to Tri-Met for the Transportation has certified that the segment of the South purpose of financing the costs of the first construction seg. North Line is a regional priority;and ' ment of the South North Line, including servicing any (d) With respect to construction.of any segment of the financing obligations,which grant agreements may,subject South North Line,the elements of the project that are desig- to the provisions of this section, provide for the remittance nated for state participation and an estimated total amount of such funds on such periodic basis, in such amounts, of the state's funding obligation. over such period of years and with such priority over other (4) When the actual expenditures for a segment of the commitments of such funds as the director shall specify in South North Line fall short of the estimated expenditures for the grant agreements. The total amount committed under such segment, those moneys that are not required for that such grant agreements shall be limited to the amount of segment of the project shall remain in the South North $375 million that may be made available to pay the costs of Construction Fund for use in completing other segments of the first construction segment of the South North Line the South North Line. exclusive of the department's administrative expenses. (5)On or before August 31 in each year,the director shall Notwithstanding any other provision of law to the contrary, certify to the Governor and the State Treasurer whether or such grant agreements may provide for the remittance to not there existed, as of the end of the immediately preced- Tri-Met of funds from the South North Construction Fund at ing fiscal year, an unobligated balance of dedicated lottery the earliest possible dates upon which such funds are avail- revenues in the South North Construction Fund.If the direc- able to the department and are needed by Tri-Met to pay the for certifies that there existed such an unobligated balance costs of the South North Line, all without regard to any of dedicated lottery revenues,an amount equal to the unob- specified percentage of the state's share of the total South ligated balance of such dedicated lottery revenues as of the North Line project costs or the proportion of funds thereto- end of the immediately preceding fiscal year shall revert to fore advanced, or to be then advanced, from the South the Administrative Services Economic Development Fund North Construction Fund in relation to the funds advanced created by ORS 461.540,and the State Treasurer shall credit from other federal,state or local sources to pay South North such amount to that fund on or before the September 15 Line project costs. Any such grant agreements, when exe- next following the date of the certification by the director. cuted by the director and accepted by'Tri-Met,shall be sole- (6) The director shall certify the unobligated balance of ly conditioned upon actual funds available in the South dedicated lottery revenues in the South North Construction North Construction Fund and shall be valid, binding and Fund,and that unobligated balance of dedicated lottery rev- irrevocable in accordance with its terms,subject only to the enues shall revert to the Administrative Services Economic availability of funds in the South North Construction Fund. Development Fund if the director determines that the South Tri-Met may pledge its right to receive moneys under any North Line has been completed and such project has been grant agreement as security for any financing obligations accepted by the department, and all claims, suits and issued to finance any of the costs of designing, acquiring, actions arising out of such project that could create a liabili- constructing and equipping the South North Line, which ty payable out of the moneys in the South North pledge shall be valid and binding upon Tri-Met, the depart- Construction Fund have been resolved. ment and all other persons from the date made, the rights (7)For purposes of subsections(5)and(6)of this section, so pledged shall be immediately subject to the lien of such dedicated lottery revenues in the South North Construction pledge without physical delivery,filing or other act,and the Fund shall be obligated to the extent such moneys are need- lien of such pledge shall be superior to all other claims and ed to fund the amounts committed to be paid in the current liens of any kind whatsoever. Upon notice from Tri-Met that or any future fiscal year under any grant agreement entered it has so pledged its right to receive moneys under any into by the director under subsection (2) of this section,to grant agreement, the department shall fully cooperate with pay debt service on any light rail lottery bonds or to pay the Tri-Met and the pledgee to give effect to such pledge, expenses of the department in administering the South including but not limited to acknowledging in writing to Tri- North Construction Fund and the Light Rail Bond Fund. Met and the pledgee the existence and validity of such (8) The department may deduct from the South North pledge and agreeing to the payment of any moneys due under the terms of the subject grant agreement into such Construction Fund the costs associated with administering the South North Construction Fund and the Light Rail Bond custodian account or accounts as shall be specified under Fund. the terms of such pledge. (3) Notwithstanding any grant agreement entered into by SECTION 4. Notwithstanding any other provision of law, the director under subsection(2)of this section,no moneys nothing shall prevent the Legislative Assembly from subse- shall be expended from the South North Construction Fund quently dedicating other moneys to be deposited in the for the preliminary engineering,final design,advanced right South North Construction Fund to be used to pay for the of way acquisition or construction and acquisition of any costs of the South North Line,including but not limited to segment of the South North Line unless the director deter- moneys derived from: z mines: (1) The sale of property, interests in property or develop- (a) That all state and local approvals are in place for the ment rights, including the sale of concession rights and segment of the South North Line for which funding is being franchises; sought; (2)Gifts,donations,grants,equity contributions,royalties, , (b)That assurances are in place for obtaining all moneys, concession fees,franchise fees or other fees,taxes,imposi- other than moneys for which the determination is being tions, revenues, tolls, charges, assessments, levies, sur- made,necessary to enable completion of the segment of the charges,impositions,duties,tariffs or other revenues;or South North Line for which funding is being sought and that (3)Moneys that under an agreement with any governmen- Tri-Met has agreed to provide an amount of money at least tal unit or private person or entity, are required to be equal to that being provided by the South North deposited in the South North Construction Fund. Construction Fund to pay the costs of the segment of the SECTION 5. (1) The Light Rail Bond Fund is created as a South North Line for which funding is being sought; fund separate and distinct from the General Fund. In 40 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 connection with the issuance of any light rail lottery bonds, of such moneys to the payment of amounts committed to be the State Treasurer may establish such reserves as are paid under grant agreements entered into between the deemed necessary or appropriate in order to provide addi- Director of Transportation and Tri-Met pursuant to section 3 tional security therefor, which reserves shall be held to the of this Act and to pay the expenses of the Department of credit of an appropriate account of the Light Rail Bond Transportation in administering the South North Fund. The State Treasurer may provide that all or any por- Construction Fund and the Light Rail Bond Fund.The annu- tion of the Light Rail Bond Fund, or any account therein, al amounts of unobligated net lottery proceeds required to shall be held by a trustee, and may enter into agreements be transferred to the Light Rail Bond Fund under subsection with the trustee regarding the use and application of the (2)(a) of this section or to any reserve account under sub- amounts held in the Light Rail Bond Fund and accounts section(2)(b)of this section and all other moneys deposited therein. Subject only to the availability of unobligated net in the Light Rail Bond Fund, together with all investment lottery proceeds, in each fiscal year in which any amounts earnings on all amounts on deposit from time to time in the of principal or interest are due and payable on any light rail Light Rail Bond Fund, are continuously appropriated only lottery bonds, there shall be transferred to the Light Rail for the purposes of paying when due the principal of and Bond Fund or the appropriate reserve account therein the interest on the outstanding light rail lottery bonds. amounts of unobligated net lottery proceeds required by (4) In accordance with section 4 (4), Article XV, Oregon section 6(2)(a)and (b)of this Act,the net proceeds of any Constitution, and notwithstanding any other provision of light rail lottery bonds or interim financing obligations law, the annual allocation of unobligated net lottery pro- issued for the purpose of refunding any outstanding interim ceeds made by subsection(1)of this section and the trans- financing obligations and any appropriated funds. fers thereof required to be made by subsection (2) of this (2) All moneys on deposit from time to time in the Light section shall be satisfied and credited from the first unoblig- Rail Bond Fund together with all investment earnings there- ated net lottery proceeds received by the state before any on, are continuously appropriated to the payment of the other allocation,appropriation or disbursement of the unob- light rail lottery bonds. All investment earnings on moneys ligated net lottery proceeds is made in such fiscal year. on deposit from time to time in the Light Rail Bond Fund (5)The transfer of unobligated net lottery proceeds to the shall be retained in that account and applied to pay the prin- Light Rail Bond Fund and the South North Construction cipal of and interest on the light rail lottery bonds. Fund authorized by this section shall cease when the direc- S15CTION 6.(1)Subject only to the availability of unobligat- for certifies in writing that transfers of moneys under this ad net lottery proceeds, in each fiscal year beginning with section no longer are necessary because: the fiscal year commencing July 1, 1999,there shall be allo- (a) Moneys in the Light Rail Bond Fund and in the South cated from the Administrative Services Economic North Construction Fund are sufficient for the payment in Development Fund created by ORS 461.540 an amount of full of all amounts owing under all outstanding light rail lot- unobligated net lottery proceeds that will equal: tery bonds and all grant agreements entered into between (a) The dedicated lottery revenues for such fiscal year; the director and Tri-Met under section 3 of this Act and for plus the payment in full of the expenses of the department in (b)Such additional amount as shall be required to restore administering the Light Rail Bond Fund and the South North • withdrawals from any reserve account for light rail lottery Construction Fund;and a bonds established pursuant to the authority granted in sec- (b) The South North Line has been completed and such tion 5(1)of this Act to the extent such withdrawals result In project has been accepted by the department, and all the amount on deposit in such reserve account being less claims, suits and actions arising out of such project that than the amount the state has covenanted to maintain there- could create a liability payable out of the moneys in the in. Light Rail Bond Fund or the South North Construction Fund (2)The amounts of unobligated net lottery proceeds allo- have been resolved. The director shall deliver a copy of cated from the Administrative Services Economic such certificate to the Governor and the State Treasurer. Development Fund pursuant to this section shall be trans- (6) Upon receipt of the director's written certification pur- ferred as follows and in the order of priority indicated: suant to subsection(5)of this section that transfer of dedi- (a) First, there shall be transferred to the Light Rail Bond cated lottery revenues to the Light Rail Bond Fund and the Fund the portion of such unobligated net lottery proceeds South North Construction Fund under this section is no that, when added to any amounts then on deposit in the longer necessary,the State Treasurer shall thereafter credit Light Rail Bond Fund that are available for such purpose, dedicated lottery revenues received by the Light Rail Bond will be sufficient to pay all amounts of principal and interest Fund or the South North Construction Fund under this sec- coming due during that fiscal year on all outstanding light tion to the Administrative Services Economic Development rail lottery bonds; Fund. (b)Second,to the extent any deficiency exists with respect SECTION 7. (1) In accordance with any applicable provi- to any reserve account established as additional security for sions of ORS chapters 286 and 288,the State Treasurer, at any light rail lottery bonds and such deficiency has not the request of the Director of Transportation, may issue theretofore been cured by appropriated funds,there shall be South North lottery bonds for the purpose of financing this ' transferred to such reserve account such portion of such state's share of the costs of the South North Line,including unobligated net lottery proceeds as shall be required to cure the refunding of any interim financing obligations. South the remaining deficiency;and North lottery bonds issued under this section may include (c)Third, the balance, if any, of such unobligated net lot- interim financing obligations for the purpose of providing tery proceeds shall be transferred to the South North interim financing for this state's share of the costs of the Construction Fund. South North Line pending the issuance of long-term South (3) The annual amounts of unobligated net lottery pro- North lottery bonds.Such interim financing obligations may ceeds required to be transferred to the South North take the form of notes, commercial paper or other obliga- Construction Fund under subsection (2)(c) of this section tions. To secure interim financing obligations, this state and all other moneys deposited in the South North may pledge the proceeds of South North lottery bonds and Construction Fund,together with all investment earnings on the proceeds of interim financing obligations authorized by all amounts on deposit from time to time in the South North sections 1 to 25 of this Act. For the purpose of financing Construction Fund, are continuously appropriated only for grants authorized by section 3 of this Act and funding of the the purposes of funding the South North Line by application Transportation Equity Account as provided in section 12 of 41 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 this Act,South North lottery bonds may be issued from time (a) The unobligated net lottery proceeds pledged thereto to time in one or more series in an aggregate amount not to as provided in subsection(7)of this section; exceed: (b)Any appropriated funds;and (a)The principal sum of$490 million;plus (c)The moneys and investments on deposit from time to (b) An amount equal to the costs incurred in connection time in the Light Rail Bond Fund and any reserve account with the issuance of the South North lottery bonds and established as additional security for the light rail lottery other administrative expenses of the State Treasurer and bonds. The light rail lottery bonds shall not be a general the department in connection with the issuance of the South obligation of this state, and shall not be secured by or North lottery bonds;plus payable from any funds or assets of this state other than the (c) The amount of any reserves determined to be neces- unobligated net lottery proceeds and any appropriated , sary or advantageous in connection with the South North funds and other moneys and investments on deposit from lottery bonds;plus time to time in the Light Rail Bond Fund.In no circumstance (d)The amount needed to pay for the cost of acquiring any shall the state be obligated to pay amounts due under any municipal bond insurance policy, letter of credit, line of light rail lottery bonds issued under this section from any credit, surety bond or other credit enhancement device source other than unobligated net lottery proceeds and the obtained for the purpose of providing additional security or appropriated funds and other moneys and investments on liquidity for the South North lottery bonds. deposit from time to time in the Light Rail Bond Fund.With (2) The director shall submit to the State Treasurer from the exception of available unobligated net lottery proceeds, time to time written requests to issue the South North lot- in no event shall the Legislative Assembly be under any tery bonds as provided in subsection (1) of this section in legal compulsion or obligation to appropriate or expend any amounts sufficient to provide in a timely fashion the mon- other funds for the purpose of paying any amounts owing eys required to fund the obligations of the department under on any light rail lottery bonds. All light rail lottery bonds any grant agreements entered into under section 3 of this issued under this section shall contain a statement that this Act for the purpose of financing the state share of the costs state shall not be obligated to pay bond principal,or interest of the South North Line. thereon,from any source other than unobligated net lottery (3)Moneys received from the issuance of South North lot- proceeds and the appropriated funds and other moneys and tery bonds,including any investment earnings thereon,may investments on deposit from time to time in the Light Rail be expended only for the purpose of: Bond Fund,and that the faith and credit or the taxing power (a) Financing the costs of development, acquisition and of the State of Oregon is not pledged to the payment of the construction of the South North Line, includin a m debt bond principal or interest thereon. g I. y g (6) If any light rail lottery bonds are secured by reserves, service on any financing obligations or refunding any inter- either in the form of cash, investments, surety bonds, im financing obligations issued under subsection(1)of this municipal bond insurance,lines of credit,letters of credit or section; other similar instruments, that the state has covenanted to (b) Paying the costs of issuing the South North lottery maintain at particular levels, and the reserves are drawn bonds and other administrative expenses of the State down below the level which the state has covenanted to Treasurer in carrying out the provisions of section 5 of this maintain, the director shall promptly certify to the Act and this section; Legislative Assembly or, if the Legislative Assembly is not (c) Funding any reserves'determined to be necessary or then in session,to the Emergency Board,the amount need- advantageous in connection with such South North lottery ed to restore the reserves to their required level. The bonds;and Legislative Assembly or the Emergency Board, as the case (d)Paying the cost of acquiring any municipal bond insur- may be, may provide appropriated funds in the amount cer- ance policy, letter of credit, line of credit, surety bond or tified by the director. Any appropriated funds so provided other credit enhancement device obtained for the purpose shall be used immediately to restore the balance in the of providing additional security or liquidity for the South reserves established for the light rail lottery bonds. The North lottery bonds and funding of the Transportation director may enter into covenants with the owners of the Equity Account as provided in section 12 of this Act. light rail lottery bonds that specify the timing and content of (4)In addition to the South North lottery bonds authorized the director's certification. By enacting this subsection,the to be issued under this section,the State Treasurer is here- Legislative Assembly acknowledges its current intention to by authorized, at the request of the director, to issue from provide appropriated funds in the amount certified by the time to time one or more series of refunding lottery bonds director pursuant to this subsection. However, neither the for the purpose of refunding in whole or in part any out- Legislative Assembly nor the Emergency Board shall have standing Westside lottery bonds or South North lottery any legal obligation to provide appropriated funds. bonds.Such refunding lottery bonds shall be issued in such (7)Notwithstanding ORS 288.855 or any other provision of amount as the State Treasurer shall determine is necessary law,all light rail lottery bonds,regardless of whether issued or appropriate in order to: in one or more issues, shall be secured by a pledge of and (a)Pay or defease the principal of,redemption premium,if lien on the unobligated net lottery proceeds and amounts in any,and interest on the bonds to be refunded thereby; the Light Rail Bond Fund. The lien of such pledge shall be (b) Pay the costs of issuing the refunding lottery bonds valid and binding immediately upon issuance of the light rail and other administrative expenses of the State Treasurer in lottery bonds secured thereby. The unobligated net lottery issuing such bonds; proceeds and amounts in the Light Rail Bond Fund shall be (c) Fund any reserves determined to be necessary or immediately subject to the lien of such pledge upon receipt advantageous in connection with such refunding lottery of the unobligated net lottery proceeds by the state regard- bonds;and less of when or whether they are allocated or transferred to (d) Pay the cost of acquiring any municipal bond insur- the Light Rail Bond Fund and without physical delivery, fil- ance policy, letter of credit, line of credit, surety bond or ing or other act.The lien of such pledge of unobligated net other credit enhancement device obtained for the purpose lottery proceeds and amounts in the Light Rail Bond Fund of providing additional security or liquidity for the refunding shall be superior to all other claims, liens and appropria- lottery bonds. tions of any kind whatsoever. In connection with the (5) All light rail lottery bonds issued under this section issuance of any light rail lottery bonds,the State Treasurer shall be payable from: shall have the authority and discretion to provide that: 42 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 (a) All light rail.lottery bonds, regardless of series or time any South North lottery bonds,including any interim financ- of issuance,shall be equally and ratably secured by the lien ing obligations,are issued for the purpose of refunding any of the pledge of unobligated net lottery proceeds and interim financing obligations previously issued,the net pro- amounts in the Light Rail Bond Fund established pursuant ceeds derived from the issuance and sale of such refunding to section 5 of this Act;or South North lottery bonds or interim financing obligations (b) The light rail lottery bonds of one or more particular shall be deposited in the Light Rail Bond Fund and used to series shall be secured by the lien of such pledge on a basis pay when due the interim financing obligations so refunded. that is prior and superior,or inferior and subordinate,to the (12) If, at the time of issuance of any light rail lottery lien of such pledge securing one or more other series of bonds, a municipal bond Insurance policy, letter of credit, light rail lottery bonds. line of credit, surety bond or other credit enhancement (8) The State of Oregon hereby makes the covenants set device is available as additional security for the light rail lot- forth in paragraphs(a)to(d)of this subsection with and for tery bonds or any portion thereof at a cost effective price, the benefit of the owners from time to time of the light rail the State Treasurer may acquire such municipal bond insur- lottery bonds. The covenants shall constitute a contract ance policy, letter of credit, line of credit, surety bond or with such owners: other credit enhancement device in order to provide addi- (a) Except as authorized in subsection (7) of this section tional security for the bonds or portion thereof. with respect to the lien of the pledge of unobligated net lot- SECTION 8. Notwithstanding section 7 of this Act, the tery proceeds that secures light rail lottery bonds,the state State Treasurer shall not issue any light rail lottery bonds shall not create any lien or encumbrance on the unobligated authorized by section 7 of this Act unless, on or before the net lottery proceeds that is equal or superior to the lien cre- date of issuance of the bonds,federal matching funds have ated by subsection(7)of this section; been made available for the first construction segment of (b) Subject only to the availability of unobligated net lot- the South North Line light rail project. tery proceeds, the state shall budget and appropriate in SECTION 9.The allocation of lottery bond proceeds by the each fiscal year an amount of unobligated net lottery pro- State of Oregon for the South North Line project in the fiscal ceeds that, when added to other funds lawfully budgeted years beginning July 1, 1999, is subject to the execution of and appropriated and available for such purpose, will be an intergovernmental agreement among the Department of sufficient to pay in full the principal and interest due and to Transportation, Tri-Met, Metro and other participating local become due in such fiscal year on all outstanding light rail governments that: lottery bonds and maintain the required balance in any (1)To the fullest extent permitted by law,irrevocably com- reserves established for light rail lottery bonds, and will mits the moneys described in section 14 of this Act to the apply the unobligated net lottery proceeds and any other Transportation Equity Account;and amounts so budgeted and appropriated to the payment of (2)Sets forth the administrative procedures for paying and such principal and interest when due and the maintenance disbursing moneys into and from the Transportation Equity of such reserves; Account. (c)On or before the maturity date of any interim financing SECTION 10. (1) Subject to ORS chapter 279 and any obligations issued under this section, the State of Oregon applicable prohibitions against preferences in contracts shall issue light rail lottery bonds or refunding interim related to the construction phase of the South North Line, financing obligations in an-amount that, when added to the managing agencies shall develop procedures that afford other amounts available for such purpose, shall be suffi- qualified businesses in Oregon the opportunity to compete cient to pay all amounts coming due on the outstanding for project contracts to the maximum extent feasible and interim financing obligations on such maturity date;and consistent with federal laws and regulations governing (d)Until such time as all light rail lottery bonds have been Federal Transit Administration grants. paid in full or provision for such payment has been made by (2)The managing agencies shall seek the cooperation and means of a defeasance in accordance with ORS 288.677,the assistance of contracting and construction associations in state will continue to operate the lottery in accordance with this state when establishing the contracting procedures for the requirements of section 4, Article XV of the Oregon the South North Line. The managing agencies shall also Constitution as in effect on the date of issuance of the light establish and implement programs to provide contracting rail lottery bonds. and construction businesses with information relating to the (9)The moneys in the Light Rail Bond Fund shall be used project. and applied by the director to pay when due the principal of (3)The managing agencies, to the maximum extent feasi- and interest on any light rail lottery bonds issued under this ble,shall encourage disadvantaged business enterprises to section. bid for contracts and to otherwise participate in the con- (10)The interest on all light rail lottery bonds issued under struction of the South North Line. this section and on any refunding and advance refunding SECTION 11. (1) When location, construction, relocation, bonds issued under ORS 286.051 for the purpose of refund- reconstruction, maintenance or repair of the South North ing any light rail lottery bonds is exempt from personal Line requires a utility to relocate any of its facilities that are income taxation imposed by this state under ORS chapter located in a public right of way,the mass transit district that 316. constructs or operates the light rail system shall reimburse (11)In connection with the issuance of any light rail lottery the utility for 50 percent of the costs and expenses incurred bonds, the State Treasurer may establish such accounts by the utility in relocating the facilities. and subaccounts within the South North Construction Fund (2)As a condition of reimbursement,a district may require and the Light Rail Bond Fund and may establish such other a utility to participate in preparation of the federal grant funds, accounts and subaccounts as the State Treasurer application and determine the cost and expense of reloca- shall determine are necessary or appropriate. The net pro- tion.The utility and the district shall agree upon the manner ceeds derived from the issuance and sale of the South and amount of reimbursement. North lottery bonds issued under this section to finance the (3)As used in this section,"utility"has the meaning given costs of the South North Line shall be deposited in the that term in ORS 366.332. South North Construction Fund and disbursed upon the SECTION 12.(1)The Transportation Equity Account,sepa- written request of the director for the purpose of funding the rate and distinct from the General Fund, is established in department's obligations under any grant agreements the State Treasury. Moneys in the account, including all entered into with Tri-Met pursuant to section 3 of this Act. If 43 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 investment earnings thereon and any revenues generated (1) In each fiscal year during the period beginning July 1, from state income taxes resulting from construction of the 1999,and ending June 30,2004,$8 million shall be paid into South North Line,as estimated in section 13 of this Act,are the Transportation Equity Account as follows: appropriated continuously to the Department of (a)$6 million shall be provided in accordance with federal Transportation for the purpose of paying the costs of trans- law from federal transportation funds, commonly known as portation projects located outside of the Portland metropoli- STP Flexible Funds, made available to the Portland metro- tan region.Moneys allocated from the Transportation Equity politan region through state or regional transportation Account shall not be used to offset moneys distributed from improvement programs for capital projects and that would the State Highway Fund for areas outside the Portland met- otherwise have been requested and received by Tri-Met;and ropolitan region. (b) The participating local governments shall jointly pro- (2)The Transportation Equity Account shall consist of: vide $2 million from lottery moneys distributed to them (a) Moneys provided to the account from sources under ORS 461.547 or other laws or from other discretionary described in sections 14 and 16 of this Act pursuant to an funds available to the participating local governments.Such intergovernmental agreement among the Department of local governments may not provide this amount from trans- Transportation, Tri-Met, Metro and other participating local portation system development charges or transportation governments. impact fees and may not increase such charges or fees to (b) Proceeds of the sale of South North lottery bonds-as fund projects that would otherwise have been funded by the provided in this section. moneys transferred to the Transportation Equity Account. (3)Upon the initial sale of South North lottery bonds,there (2) In each fiscal year during the period beginning July 1, shall be transferred to the Transportation Equity Account 2004,and ending June 30,2009,$7 million shall be paid into the sum of$115 million obtained from the sale of the South the Transportation Equity Account as follows: North lottery bonds. (a)$5 million shall be provided in accordance with federal (4) The moneys in the Transportation Equity Account law from federal transportation funds, commonly known as under subsection(3)of this section,together with all invest- STP Flexible Funds, made available to the Portland metro- ment earnings on the amounts on deposit from time to time politan region through state or regional transportation in the account, are continuously appropriated only for the improvement programs for capital projects and that would purpose of distributing such moneys to cities and counties otherwise have been requested and received by Tri-Met;and under section 17 of this Act for financing the costs of essen- (b)Participating local governments shall jointly provide$2 tial transportation projects. million from lottery moneys distributed to them under ORS (5) As used in this section and section 17 of this Act, 461.547 or other laws or from other discretionary funds "essential transportation projects" means capital projects available to the participating local governments.Such local for or operation of any land,air or water mode of transport- governments may not provide this amount from transporta- ing people and goods, including but not limited to improve- tion system development charges or transportation impact ments, facilities, equipment, structures and rolling stock fees and may not increase such charges or fees to fund Aro- used or useful in connection with streets, roads, highways, jects that would otherwise have been funded by the moneys air transport, water transport, rail transport, bus transport, transferred to the Transportation Equity Account. bicycles and pedestrians. SECTION 15.Notwithstanding any other law,in each fiscal ' SECTION 13.(1)The Oregon Department of Administrative year during the period beginning July 1, 1999, and ending Services shall certify an estimate of the amount of state June 30, 2009, if the participating local governments fail to income tax revenues projected to be collected from income provide the moneys required under section 14 (1)(b) and generated by the designing, acquiring, constructing and (2)(b)of this Act or those governments'share of the$75 mil- equipping of the South North Line. This estimate shall lion described in section 16 of this Act, the Director of include an amount for incomes secondarily generated by Transportation may certify such failure and the resulting the incomes directly earned. The Oregon Department of deficiency to the Oregon Department of Administrative Administrative Services shall formulate the estimate by gen- Services, the Economic Development Department and the erally accepted estimation methodologies and with the best State Treasurer.Upon such certification,an amount equal to available data. the deficiency shall be withheld in the following fiscal year (2) A certified estimate as described in subsection (1) of from Clackamas, Multnomah and Washington Counties and this section shall be included in each budget report pre- the other participating local governments from: pared by the Governor under ORS 291.202. The estimate (1) Lottery moneys for economic development otherwise shall reflect projected state income tax revenues for the available to those counties;and coming biennium. (2)Other state shared revenues otherwise available to the (3) The amount certified under subsection (2) of this sec- other participating local governments. tion shall be appropriated out of the General Fund to the SECTION 16.(1)Tri-Met,in cooperation with Metro and the Transportation Equity Account for the biennium covered in Joint Policy Advisory Committee on Transportation of -the budget report. Metro, shall study, consider and develop innovative trans- (4)Additional appropriations out of the General Fund shall portation funding methods that may be used by Tri-Met, , be made, if necessary, until a total amount of $375 million Metro and Clackamas,Multnomah and Washington Counties has been made available for distribution to cities and coun. to reduce the need in the Portland metropolitan region for ties from all sources described in sections 12,13,14 and 16 long-term transportation funding by the State of Oregon. of this Act. (2) Tri-Met shall establish a public-private task force that SECTION 14.Subject to receipt of the federal funding com- shall: ,. mitment for the South North Line project,Tri-Met,Metro and (a) Identify and evaluate alternative funding sources or the other participating local governments shall make, or methods to reduce the need of the Portland metropolitan take such actions within their power to make arrangements region for long-term transportation financing assistance for,the following payments into the Transportation Equity from the State of Oregon. Account pursuant to the intergovernmental agreement (b) Consider innovative public-private funding mecha- described in section 12(2)(a)of this Act: nisms to capture the value created by transportation pro- jects. I 44 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 (c) Prepare findings that assess the financial, administra- (4) In each year in which moneys are distributed to coun- tive and policy effects of various transportation funding ties under this section, $1.5 million from the moneys in the sources or methods. Transportation Equity Account that would otherwise be dis- (d) Prepare a report describing the findings of the task tributed to counties under subsections (1) and (2) of this force and containing recommendations concerning trans- section shall be set up in a separate account to be adminis- portation funding and the legal and administrative changes tered by the Department of Transportation for the counties.. necessary to allow creation or appropriate use of recom- Moneys from the account shall be used for essential trans- mended funding sources or methods. portation projects. The department shall enter into agree- (3)Tri-Met, in cooperation with Metro and the Joint Policy ments with counties upon the advice and counsel of the Advisory Committee on Transportation of Metro, shall con- Association of Oregon Counties to establish the method of sider the report prepared under subsection (2) of this sec- allocating moneys from the account. tion and recommend new transportation funding sources SECTION 18.The authority granted by sections 9 and 12 to and methods for the Portland metropolitan region to the 17 of this Act may be exercised on and after the date on Sixty-ninth Legislative Assembly. The recommendations which federal matching funds are made available for the may include a proposal for distributing to the first construction segment of the South North Line light rail Transportation Equity Account state personal income tax project. revenues that are attributable to increased employment or SECTION 19. (1) In addition to the requirements of ORS. higher wages resulting from the South North Line project. 223.297 to 223.314, a governmental unit that has a trans- (4) Subject to enactment of legislation by the Sixty-ninth portation system development charge or transportation Legislative Assembly that grants power to Tri-Met and other impact fee and that is required to reduce vehicle travel by local governments in the Portland metropolitan region to land use rules adopted under any statewide planning goal use new sources and methods for funding transportation, related to transportation shall establish such charge or fee, Tri-Met, in accordance with the provisions of such enacted or develop a system of credits,or both,based on a method- legislation,shall assume the obligation to use the new fund- ology that takes into account the effect of measures reason- ing authority to either: ably expected to reduce vehicle trip generation, including, (a)Provide not more than$75 million to the,Transportation but not limited to: Equity Account during the construction of the South North (a) Development that is transit oriented or that occurs Line;or within a pedestrian district; (b)Agree to reduce the obligation of the State of Oregon to (b) Development that utilizes pedestrian, bicycle or transit finance the costs of the South North Line project by not facilities to achieve reductions in vehicle trips; more than$75 million. (c) Development that incorporates transportation demand ' (5) In addition to the other requirements of this section, management measures;and Tri-Met shall conduct a study relating to the long-term fund- (d) Reduction of vehicle trips, if any, resulting from the ing of the operations and maintenance of the South North construction and operation of light rail lines within the Line. Upon completion of the study, Tri-Met shall prepare a Portland metropolitan region. report that contains the findings and conclusions of the (2) In order to maximize and encourage transit oriented ` study, recommendations for long-term funding of the light development along light rail lines,governmental units shall: rail line and any proposals for needed legal or administra- (a) Provide through lowered fees or allowance of credits tive changes.A copy of the report shall be submitted to the for the reduction of any transportation system development Seventy-first Legislative Assembly. charges or transportation impact fees otherwise applicable SECTION 17. (1) Beginning with the fiscal year commenc- by at least 30 percent for any transit oriented development ing July 1,1999,there shall be distributed in each fiscal year constructed within one-quarter mile of a passenger station to the cities and counties located wholly or partly outside on a light rail line. For the purpose of complying with the the Portland metropolitan region for the purpose of financ- requirement of this paragraph to provide for reduced fees ing essential transportation projects all moneys credited to and charges, a governmental unit may consider the reduc- the Transportation Equity Account by the State Treasurer tions, if any, in fees or charges made under subsection (1) during that fiscal year.Except as provided in subsection(4) of this section. of this section, the moneys distributed under this section (b) Not impose a new or increased transportation system shall be allocated 60 percent to counties and 40 percent to development charge or a transportation impact fee other cities. . than construction inflation adjustments, on any transit ori- (2) The sum designated in subsection (1) of this section ented development within one-quarter mile of a passenger shall be remitted by warrant to the county treasurers of the station on a light rail line. several counties.The remittance in any year shall be in pro- (3) The reduction of transportation system development portion of the number of vehicles,trailers,semitrailers,pole charges or transportation impact fees and the other restric- trailers and pole or pipe trailers registered in each county, tions on such charges and fees required under subsection to the total number of such vehicles registered in the state (2)of this section shall be in effect only during the period of as of December 31 of the preceding year, as indicated by effectiveness of the Transportation Equity Account estab- motor vehicles registration records. All such vehicles lished under section 12 of this Act. owned and operated by the state and registered under ORS (4) A governmental unit shall not increase its transporta- 805.040, 805.045 and 805.060 shall be excluded from the tion system development charge or transportation impact computation in making the apportionment. For purposes of fee against residential housing to offset reductions required this subsection,vehicles,trailers and semitrailers registered by subsection(2)(a)or(b)of this section. within the Portland metropolitan region shall not be counted (5)A governmental unit outside the Portland metropolitan when determining the amount of money to be distributed to region that has a transportation system development charge a county under this section. or transportation impact fee shall base such charge or fee (3) The sum designated in subsection (1) of this section on a methodology that takes into account capacity-increas- shall be allocated to cities so that each city shall receive Ing capital improvements,if any,financed with moneys from such share of the moneys as its population bears to the the Transportation Equity Account. total population of all of the cities receiving moneys under (6)(a) As used in this section, "transportation system this section. The moneys shall be remitted to the financial development charge" or "transportation impact fee" means officer of each city. 45 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 only that portion of a charge or fee adopted and assessed the costs to the State of Oregon of borrowing moneys against development for the purpose of funding streets, through the use of bonds or other obligations that are roads and related improvements that principally provide for secured by or payable from the net proceeds derived from automobile circulation. the operation of the State Lottery;and (b) "Transit oriented development" means transit oriented (c) The maintenance and support of this state's current development as defined in land use rules adopted under any commitment to the lottery bond funding of the Westside statewide planning goal related to transportation. Light Rail project under ORS 391.090 to 391.150, the South (c)"Pedestrian district"has the meaning given that term in North Line under sections 1 to 25 of this Act and the land use rules adopted under any statewide planning goal Transportation Equity Account and the preservation of the relating to transportation, security of lottery bonds issued under those laws. (7)Nothing in this section is intended to make adoption or (3) The State Treasurer shall report the findings of the amendment of a system development charge a land use examination and the legislative proposals required by this decision contrary to ORS chapter 223,or to require govern- section to the Sixty-ninth Legislative Assembly and, if the mental units to set system development charges in a man- examination and recommendations are completed prior to ner inconsistent with ORS chapter 223. the commencement of the regular session of the Sixty-ninth SECTION 20. (1) To assist and advise the Legislative Legislative Assembly,to the Emergency Board. Assembly in the performance of an oversight function relat- SECTION 22. According to the provisions of ORS 192.230 ing to the construction of the South North Line, the Light to 192.250 and beginning in 1999, Metro shall report to the Rail Oversight Committee is established. Legislative Assembly by January 15 of each odd-numbered (2) The Light Rail Oversight Committee shall consist of year on the implementation of the South North Line. The eight members appointed as follows: report shall contain information on residential housing den- (a) Four members shall be appointed by the President of sities in the metropolitan service district and the geograph- the Senate;and ic, economic and transportation relationships between the (b)Four members shall be appointed by the Speaker of the densities and the South North Line. The report shall com- House of Representatives. pare housing densities at the time of the report to density (3)The members of the committee shall be individuals with projections contained in project plans.The report shall con- experience or training in mass transit,the financing or con- or information on the construction status of the South N struction of major infrastructure projects,land use and state North Line, projected expenditures for complete construc- or local government. tion and maintenance of the line, expenditures from the a South North Construction Fund and the Light Rail Bond (4) The appointing officers may appoint members of the Fund,and all financial obligations incurred by Metro and Tri- Legislative Assembly to the committee.The appointing offi- Met in planning, construction and operation of the South cers are ex officio members of the committee. North Line. The report also shall contain information on (5)Members of the Light Rail Oversight Committee are not planned,actual and projected ridership. entitled to compensation,but may receive actual and neces- SECTION 23. Section 22 of this Act is repealed July 1, sary travel or other expenses actually incurred in the'perfor- 2019. mance of their duties as provided by ORS 292.495(2). SECTION 24. If the line extending Tri-Met's regional light (6)The Light Rail Oversight Committee shall consult with, rail system north from Clackamas County, Oregon, is not and request and receive reports and other information from part of a phased project that will serve both the Portland the public and private agencies managing the planning, metropolitan region and Clark County, Washington, then financing and construction of the South North Line. The prior to the issuance by Tri-Met of any general obligation committee shall study and maintain oversight of all aspects bonds to fund its share of the line extending Tri-Met's of the planning, financing and construction of the South regional light rail system north from Clackamas County, North Line, including costs, administration, management, Oregon, Tri-Met shall submit to its electors the question of compliance with applicable laws, intergovernmental rela- the issuance of such general obligation bonds. tions and compliance with scheduled completion dates for SECTION 25.(1)Notwithstanding ORS chapters 28 and 34, separate segments of the South North Line. ORS 183.400 to 183.484 or any other provision of law,exclu- (7)As the members consider it necessary or appropriate, sive jurisdiction for the determination of the constitutionali- the committee shall submit reports and recommendations to ty of any provision of sections 1 to 25 of this Act, including the Legislative Assembly concerning the South North light but not limited to the determination of whether the light rail rail project. lottery bonds authorized by sections 1 to 25 of this Act vio- (8)Upon completion of the South North Line,the tenure of late any provision of the Oregon Constitution, is conferred office of the members of the committee shall cease and the upon the Supreme Court. Light Rail Oversight Committee is abolished. (2)Any interested person may petition the Supreme Court SECTION 21.(1)Prior to the commencement of the regular for a determination of the constitutionality of any provision session of the Sixty-ninth Legislative Assembly, the State of sections 1 to 25 of this Act, including but not limited to Treasurer shall conduct an examination of the means by the determination of whether the light rail lottery bonds z which the State of Oregon can best coordinate and maxi- authorized by sections 1 to 25 of this Act violate any provi- mize the benefits of using bonds that are secured by or sion of the Oregon Constitution.Any such petition must be payable from the net proceeds derived from the operation of filed within 30 days after the effective date of sections 1 to the State Lottery for purposes consistent with section 4, 25 of this Act. The petition shall name the Director of the Article XV,Oregon Constitution. Department of Transportation as respondent. If the petition (2)The examination shall include,but not be limited to: seeks a determination of whether the light rail lottery bonds (a)The development of proposed legislation that will maxi- authorized by sections 1 to 25 of this Act violate any provi- mize this state's flexibility in the use of net proceeds from sion of the Oregon Constitution,the petition shall also name the operation of the State Lottery for the issuance of bonds the State Treasurer as a respondent.The petition shall corn- to finance projects that are eligible for funding under sec- ply with the specifications for opening briefs set forth in the tion 4, Article XV, Oregon Constitution, while at the same Oregon Rules of Appellate Procedure. Within 20 days fol- time providing a coordinated program for the issuance and lowing the filing of the petition,the7espondents may file an administration of such bonds; answering brief, which shall comply with the specifications (b)The identification of financing methods that will reduce for answering briefs set forth in the Oregon Rules of 46 CONTINUED 0 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 Appellate Procedure. The Supreme Court may hear oral (a)$8 million per year for five years beginning in 1999, $6 mil- arguments and may provide by order for such hearings and lion of which comes from federal transportation funds and $2 filings as are reasonably necessary for the prompt disposi- million of which comes from lottery funds or other local govern- tion of the petition.The Supreme Court shall decide the mat- ment funds;and ter with the greatest expeditiousness. SECTION 26. ORS 197.587, 391.160, 391.165, 391.170, (b)$7 million per year for five years beginning in 2004, $5 mil- 391.175, 391.180, 391.185, 391.190, 391.195, 391.200, lion of which comes from federal transportation funds and $2 391.205, 391.210, 391.215, 391.220, 391.225, 391.230 and million of which comes from lottery funds or other local govern- 391.235 and sections 10, 16, 16a, 16c, 17, 18; 31a and 31b, ment funds. chapter 3, Oregon Laws 1995 (special session), are repealed. If funds for the Transportation Equity Account do not total $375 SECTION 27.It is the intent of the Legislative Assembly in million, the legislature would be required to make up the differ- enacting this Act that if any part of this Act is held unconsti- ence. tutional,the remaining parts shall remain in force. SECTION 28. This Act being necessary for the immediate Measure 32 prohibits sale of the authorized bonds or the distrib- preservation of the public peace,health and safety,an emer- ution of any money for transportation projects unless and until gency is declared to exist, and this Act takes effect on its federal funds are approved, based on assurances of availability passage. of local funding,but no moneys are to be allocated or distributed until 1999. Committee Members: Appointed by: Don McIntire* Chief Petitioners EXPLANATORY STATEMENT Representative Bob Tiernan* Chief Petitioners Senator Ken Baker Secretary of State Measure 32 is a referral by the people of a bill passed by the leg- Tom Walsh Secretary of State islature at a special session in February 1996.The measure pro- Kathleen Beaufait Members of the Committee vides up to $750 million for funding of transportation projects throughout Oregon.Measure 32 is designed to do two things: *Member dissents(does not concur with explanatory statement) (1) To provide the state's share, $375 million, to fund the first construction stage of the Tri-Met South North light rail project, (This committee was appointed to provide an impartial explanation of the beginning near the Clackamas Town Center. ballot measure pursuant to ORS 251.215.) (2) To establish a Transportation Equity Account of $375 mil- lion to be used for transportation projects throughout the state outside the urban growth boundary of the Portland Metropolitan region. The Account may be used for capital projects for, or operation of, land, air or water modes of transporting people and goods.These may include improvements,facilities,equip- ment, structures and rolling stock used or useful in connection with streets, roads,highways,air transport,water transport, rail transport,bus transport,bicycles and pedestrians. Oregon State Lottery-backed bonds are to be sold to raise the principal sum of up to$490 million,plus bond issuance costs and reserves,to meet part of the costs of the projects. For details on paying both the principal and interest on the bonds, please refer to the Fiscal Impact statement.The State is not required to pay off the bonds and interest from any source other than lottery funds.The taxing power of the state cannot be pledged to pay off the bonds but the legislature may use other state moneys to do so. Moneys in the Transportation Equity Account for projects outside the Portland Metropolitan region will come from the following sources: (1) $110 million from the state General Fund, available over a ten-year period beginning in 1999. (2) $75 million provided through new funding mechanisms to be proposed to the next legislature. (3) $115 million from Lottery-backed revenue bonds, available when the South North bonds are sold. (4)$75 million over ten years that would otherwise be available for projects in the Portland Metropolitan region as follows: 47 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR From the Desk of Governor John A.Kitzhaber,M.D. Vote YES on 32. Dear Oregon Voter: Lottery dollars to ease traffic, Measure 32 deserves a YES vote from all Oregonians. It affects build light rail and repair roads. every community. • What will Measure 32 do? A YES vote on Measure 32 will allow us to use a small portion of the state lottery fund to address some of Oregon's most pressing Measure 32 will use a small portion of the lottery to pay for trans- problems:traffic congestion,air quality and urban sprawl. portation improvements all over Oregon -- from light rail in Portland to road repairs in Medford,Bend and other communities There is no more important issue for the future of Oregon than to as well as in rural areas. maintain our quality of life in the face of the tremendous growth we know is going to occur in the next few years. Part of the solu- • Does all of the state benefit from Measure 32? tion lies in investing wisely in our transportation system. YES! Measure 32 provides money for local transportation Oregon's high quality of life is what sets us apart from other improvements throughout the state. Each area can decide how states. It is the reason we continue to live and work and raise to spend the money--on roads, bridges,airports,transportation families here. It is worth saving and we must invest now. We for elderly and disabled citizens, or other local transportation cannot afford to wait because transportation needs will increase needs. and costs will only grow. • Why do we need Measure 32 now? In my State of the State address earlier this year, I said that my top priorities for Oregon are education and transportation. In Oregon, we expect high quality and convenience from our Measure 32 is part of that plan. It is a good use of a small portion roads, bridges and public transportation. But we are falling of our lottery dollars. It is fair to all parts of the state and it is criti- behind in maintenance. Recent storms damaged roads even cal to our future. more. Measure 32 allows us to catch up on the back log The Oregon Legislature has said yes to financing roads and rails before traffic gets worse and costs go higher. twice. It's time to say YES once again. • Is light rail cost-effective? Please join me in voting YES on Measure 32. YES!Larger cities like New York need more expensive subways. In a city like Portland, light rail works well and costs much less. Sincerely, South/North light rail will provide twice the capacity of a six-lane freeway--and cost only half as much. John A.Kitzhaber,M.D. • Will there still be lottery dollars for schools? YES! Measure 32 uses only a small portion--about 5%--of the (This information furnished by Governor John A.Kitzhaber,M.D.) lottery. The rest will still be available for schools and other projects. Mike Burrill Keith Thomson Mike McArthur Burrill Lumber, Intel County Judge Medford Hillsboro Sherman County John Whitty Lynn Herbert Andy Nasburg Coos County Herbert Lumber Nasburg Insurance Riddle Coos Bay Rosetta Venell Craig W.Moore Lee Beyer Farmer Pepsi Cola Bottling State Representative Benton County Company of Bend Springfield (This information furnished by Michael Burrill, Chair, Oregonians for Roads and Rail.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1,993 Or.Laws 811§11.) I The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 48 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote YES on 32. YES on 32. • Measure 32 uses one a small portion of the state's lottery "Many paralyzed veterans like myself depend on light rail money for roads and rail--only about 5%. and good public transportation to get to work and to stay involved in our communities. Measure 32 will mean that • The rest will still be available for schools and other essen- more transportation dollars are available for Oregonians tial services throughout Oregon. with disabilities all over the state." Sterling Williams,Member • Measure 32 is not a tax. Paralyzed Veterans of America Vote YES on 32. Oregonians with disabilities urge a YES vote on Measure 32. (This information furnished by Nan Heim,Oregonians for Roads and Rail.) • Oregonians with disabilities use light rail, public transit and door-to-door van services to get to work, shopping and recre- ation. Good public transportation means increased indepen- dence for seniors and people with disabilities. • Outside Portland, Measure 32 provides lotto money to cities and counties all over Oregon that can be used for special transportation services for senior citizens and people with dis- abilities. • People with disabilities support Measure 32's investment in a balanced transportation system all over Oregon. We need good roads and good public transportation services. (This information furnished by Jody Fischer, Oregonians for Roads and Rail.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- Fthe printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant t by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. ccuracy or truth of any statement made in the argument. 49 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote ....More Oregon Mayors who urge a YES vote YES on 32. on Measure 32. Lottery money to ease traffic, • Measure 32 means lottery dollars for critical transportation repair roads and build light rail. needs in every part of Oregon,rural and urban. Ask Oregon's Mayors. • Measure 32 is not a tax. • Measure 32 means lottery dollars for critical transportation • If we don't invest in transportation now, it will only cost us needs in every part of Oregon,rural and urban. more in the future. • Measure 32 is a way to make some critical transportation Mary Nicholson,Mayor Gordon Anderson,Mayor improvements.It is not a tax. City of Milton-Freewater City of Grants Pass • If we don't invest in transportation now, it will only cost us Bob McPheeters Nancy A.Kirksey more in the future. Mayor,City of Tillamook Mayor,City of Woodburn Craig Lomnicki Jerry Lausmann Gordon Faber Dennis Koho Mayor,City of Milwaukee Mayor,City of Medford Mayor,City of Hillsboro Mayor,City of Keizer Chuck McLaran Rob Drake Todd Kellstrom,Mayor Alice Schlenker,Mayor Mayor,City of Albany Mayor,City of Beaverton City of Klamath Falls City of Lake Oswego Larry Griffith Scott Taylor Steven Littrell Paul Thalhofer Mayor,City of Baker City Mayor,City of Canby Mayor,City of Turner Mayor,City of Troutdale Tom Davis Catherine Golden Jill Thorn Jerry Krummel Mayor,City of Brookings Mayor,City of Ashland Mayor,City of West Linn Mayor,City of Wilsonville William Brown Eddie McCluskey Richard Culbertson Joe Krenowicz Mayor,City of Boardman Mayor,City of Creswell Mayor,City of Oakridge Mayor,City of Madras Joanne Verger Cheryl Young,Mayor Randy Nicolay,Mayor Wade Byers,Mayor Mayor,City of Coos Bay City of Columbia City City of Happy Valley City of Gladstone Gwen VanDenBosch Susan Roberts Dan Fowler,Mayor Vera Katz Mayor,City of Dallas Mayor,City of Enterprise City of Oregon City Mayor,City of Portland David McFall Roger McCorkle Douglas Dunlap Todd Vallee Mayor,City of Eagle Point Mayor,City of Florence Mayor,City of Metolius Mayor,City of Prineville Roger Vonderharr Helen Berg Bill Morrisette Willmer Van Vleet Mayor,City of Fairview Mayor,City of Corvallis Mayor,City of Springfield Mayor,City of Stayton Robert Switzer Gussie McRobert Ruth Bascom Oliver Vernor Mayor,City of Ontario Mayor,City of Gresham Mayor,City of Eugene Mayor,City of Seaside Roger Gertenrich Donna Proctor Mayor,City of Salem Mayor,City of Newberg (This information furnished by Craig J.Lomnicki,Mayor of Milwaukie.) a (This information furnished by Craig J.Lomnicki,Mayor of Milwaukee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 50 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 . ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote YES on 32. YES on 32. Marion County farmers know that solving our traff ic The Coalition for a Livable Future problems means saving prime farmland. -a coalition of 34 environmental and community groups- urges YES on Measure 32. • Measure 32 helps pay for road repairs all over the state, as well as for light rail in Portland. Why do farmers in Marion The Coalition for a Livable Future urges the citizens of Oregon to County care about light rail? Because it helps control the vote "YES" on Measure 32, which provides the state's 25% urban sprawl that threatens Willamette Valley farmland. share of the costs of South/North light rail,and includes an equal amount of funding for transportation projects all over the state. • Oregon farmers also need good roads. Many of our roads are in poor shape, especially after last winter's floods. If we don't Measure 32 is critical to Portland and every community in repair them now,it will cost us even more in the future. Oregon that is dealing with traffic congestion and urban sprawl. • Measure 32 uses lottery dollars to pay for transportation Traffic Jams: Without light rail as part of a comprehensive needs without increasing taxes. It uses only a small portion of transit network, the road system in the Portland area will fail, the state's lottery revenue; the rest will still be available for costing millions of dollars in lost time for motorists and freight schools and other projects. shippers snarled in traffic. Poor transportation in the Portland area threatens the economy of the entire state. Please join us in voting YES on 32 for essential transpor- tation throughout Oregon. Cost: Without light rail as part of a comprehensive transit network, the Portland region may face road and freeway Larry Wells expansion in Clackamas County to handle increased traffic,at Jefferson much higher per-mile costs than light rail. Doug Krahmer Sprawl: Without light rail as part of a comprehensive transit Silverton network,the Portland metropolitan region will sprawl over ever greater amounts of productive farmland and precious streams, wetlands, and greenspaces. South/North light rail is an inte- Larry Pearmine gral part of the region's plan to avoid sprawl that ruined cities Gervais like Los Angeles and Detroit. Sprawl is the most expensive form of development, requiring higher public spending on roads,sewers and infrastructure--leaving fewer resources for important services like schools for our children. (This information furnished by Larry Wells.) The Coalition for a Livable Future supports Measure 32 and South/North light rail as an investment in a more livable future. Vote YE on 32. (This information furnished by Zachary Semke, Coalition for a Livable Future.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made it the ar ument. the accuracy or truth of any statement made in the argument. 51 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote YES on 32. YES on 32. Lottery money to ease traffic, To ease traffic,build light rail and repair roads and build light rail. repair Oregon's roads. Oregon's timber industry says YES to Measure 32. Portland's neighborhood leaders urge a YES vote on Measure 32. • Measure 32 is not just about building light rail. Measure 32 also gives state lottery money to cities and counties outside • Measure 32 will help reduce traffic on local streets a top pri- the Portland metropolitan area for road repairs and other ority for Portland's neighborhoods. transportation projects. . • Light rail works in Portland.MAX ridership is at an all time high • Traffic is a problem all over the state So is the poor condition --up by 33%in five years.With South/North, light rail ridership of our roads, especially after this winter's storms. The longer will increase to 44 million rides per year. we wait, the worse the congestion will get and the more expensive it will be to repair roads. • Measure 32 will use only about 5%of the state lottery. There will still be money left over for schools and other important • Light rail works in Portland. Better roads and other transporta- needs. tion solutions work outside the Portland region. Communities themselves will decide how to use their lottery dollars. Tom Markgraf Amy Alice Hammond • .Measure 32 is fair because it provides equal amounts of North Portland Southeast Portland money for transportation in Portland and other parts of the Charlotte Uris Tom Gruenfeld state. Northeast Portland Southeast Portland Vote Deborah Gruenfeld Steven Rogers YES on 32. Southeast Portland Northeast Portland Lynn Herbert Hank Snow Stanley T.Lewis J.E.Bud Clark Herbert Lumber Company Medite Corporation Southwest Portland Goose Hollow Riddle Medford B.Bond Starker Mike Burrill Michael McLafferty Sharon A.McCormack Starker Forests Inc.Company Burrill Lumber Northwest Portland North Portland Benton County Medford Lisa Horne Geri Ethen Bud Kaufman Richard H.Rudisile Southwest Portland North Portland Croman Corporation Boise Cascade Ashland Medford Marjorie J.Newhouse Bruce Crest Northwest Portland Northeast Portland John Sheik Howard Sohn Ochoco Lumber Sun Studs,Inc. Sandi Hansen Kay Collier Prineville Roseburg North Portland Southeast Portland Connie L.Hunt Betsy Radigan North Portland North Portland (This information furnished by Thomas Markgraf.) Cameron McCredie Pauline Bradford Southeast Portland Northeast Portland a Sonya Kazen Laurel Butman Southwest Portland North Portland (This information furnished by Thomas Markgraf.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse IThe printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant Iment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. Ithe accuracy or truth of any statement made in the argument. 52 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote M on 32. YES on 32. To ease traffic In our neighborhoods. For road repairs& Willamette Valley passenger rail Improvements • As people who live in the Milwaukee area, we support for Eugene and Willamette Valley communities. South/North light rail.Traffic from commuters and shoppers in our neighborhoods has grown tremendously in the last few Measure 32 allocates a portion of the state lottery to cities and years making many of our neighborhood streets unsafe for counties all over Oregon for critical transportation projects. children.When South/North light rail is finished, it is expected to attract an estimated 17,000 people out of their cars each Measure 32 is not just about light rail in Portland! weekday. • Measure 32 means funds for transportation needs all over • At the local level voters have strongly supported a bond mea- Oregon, including over$150 million in lottery and other funds sure for the local share of funding.South/North light rail. for transportation projects in Lane. Linn. Marion and Benton Measure 32 will fund the state's share and the rest will be fed- Counties. erally funded. • Measure 32 is not a tax. it uses only a small portion of the lot- * As Oregonians,we wouldn't think it was fair for a state trans- tery for transportation. The rest will still be available for portation measure to fund only light rail in our area. Measure schools and other projects. 32 is fair because it allocates lottery dollars for transportation needs all over the state. Your community may have a traffic problem which Measure 32 could help solve too. City Councilors and County Commissioners in the Willamette Valley have pledged a portion of the money from Measure 32 to capital improvements for valley passenger rail. Vote YES on Measure 32. • Measure 32 lottery dollars can be used for road repairs, road • It's a fair way to help communities improvements, bridges, local airports, bicycle paths, and and neighborhoods solve traffic problems. transportation for seniors and people with disabilities. Donna M.Lomnicki Kathy Locke • Local communities will decide how to spend their Measure 32 Shawn L.Hall Deanna Graves money. Benjamin L.Riverman Cheryl Rubio Michael South Irene D.Mossman Ruth F.Bascom Gabriel Rubio Harold H.Kulm Carol Limon Thomas E.Walker Mayor City of Eugene Charles Stoudt Judith F.Duncan Janet L.Koch Mary E.Blue Kimberly Peckover Sandra Peckover Mary Pearmine Patrick Morgan Kindra Morgan County Commissioner Mary L.Kulm Lucinda M.Watrous Marion County Suzan Beam Gordon Van Tyne Anna O'Guinn Sally Moncrieff Charles A.McLaran John W.Littlehales Thomas L.Bean Mayor Christopher M.Locke Bryan K.Cosgrove City of Albany Lettie Molzan Madelyn Antinucci Walter K.O'Dowd Karen O'Dowd Helen Berg Susan Trotter Don Trotter Mayor Clarence Worthington Patricia L.Lent City of Corvallis Floyd Bennett Anne Nickel t (This information furnished by Charles Stoudt.) (This information furnished by Ed Grosswiler, Oregonians for Roads and Rail.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 53 CONTINUED Official 1996 General Election Voters'Pamphlet-Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote YES on 32. YES on 32. Citizen organizations all across Oregon say: Southern Oregon gets critical lottery dollars for transportation from Measure 32. SAVE FARM AND FOREST LANDS. SAVE COMMUNITIES. Measure 32 is more than light rail for Portland! VOTE YES ON MEASURE 32. It provides an equal amount for communities throughout Jackson County Citizens League Oregon take care of our own local transportation prob- Alliance for Responsible Land Use in Deschutes County iems,such a road repairs. If don't repair our roads now, Hood River Valley Residents Committee it will cost us even more in the future. Citizens for Orderly Development(Curry County) Friends of Eugene • Measure 32 is not a tax. Oregon Shores Conservation Coalition It uses lottery dollars to pay for transportation needs.Measure Friends of Yamhill County 32 will use only a small portion of the state's lottery money, 1000 Friends of Oregon the rest will still be available for schools and other projects. ...urge you to vote YES on Measure 32 as a way to protect Measure 32 lets us decide locally how to spend the Oregon's communities and our priceless farm and forest lands. money. • Measure 32 improves the quality of life in Oregon by providing In Jackson and Josephine Counties,we may choose to spend funds for transit,high-speed rail,and road improvements.--not it on road repairs. Coastal communities may choose to spend just in Portland,but all across the state. it on port facilities or bridges.It's up to us. • Without Measure 32,traffic congestion will increase.The qual- Please join us in voting YES on 32 ity of life in our towns and cities will decline. for transportation throughout Oregon. • Increased congestion will lead city residents to look to Samuel O.James,Jr. Anne F.Decker Oregon's farm and forest lands for places to live, and will Medford Ashland increase pressure to expand city urban growth boundaries. Floyd V.Martin Pete Naumes • As the number of houses on farm and forest land increases, Medford Medford more farms and forested areas are consumed and the land needed for Oregon's farming and forest industries disappears. James M.Wright Jerry S.Lausmann Medford Medford • As growth moves outward, the hearts of our towns and cities will decline and our sense of community will be lost in a sea of sprawl and polluted air. (This information furnished by Michael Burrill, Tradco.) Keep our state's towns and cities livable. Save Oregon's farm and forest lands. Vote YES on 32! (This information furnished by Keith Bartholomew, 1000 Friends of Oregon.) i (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 54 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote YES on 32. YES on 32. , Measure 32 makes good sense-- To repair roads statewide,and for Washington County and for all of Oregon. to build South/North light rail to ease traffic congestion. • Light rail works in the metropolitan area. Over eight million rides a year are taken on the Eastside MAX The North Clackamas County Chamber of Commerce line. When Westside and South/North are finished, MAX rider- urges YES on Measure 32. ship is expected to jump to 44 million rides a year! These light rail lines will link major communities in Washington County to Measure 32 is fair. downtown and to neighboring communities in Clackamas The entire State of Oregon will benefit from lottery money for County. much needed transportation repairs, and the Portland metro- politan area will get the South/North light rail phase • Measure 32 will help reduce traffic congestion. completed. South/North light rail will attract up to 17,000 riders out of their cars each weekday. That means less traffic and reduced travel Measure 32 will help reduce traffic congestion. time for commuters,shoppers and students. South/North light rail will attract up to 17,000 riders out of their cars each weekday. That means less traffic, cleaner air and • Light rail helps reduce air pollution. reduced travel time for commuters,shoppers and students. By the year 2015,South/North light rail is expected to reduce air pollution by over 300 tons a year. Light rail works in the Portland region. Over 8 million rides a year are taken on the Eastside MAX • Measure 32 is fair. line. When Westside and South/North are completed, MAX Measure 32 is more than light rail in the metropolitan area.It also ridership is expected to jump to 44 million rides a year. provides an equal amount of lottery dollars for transportation pro- jects in the rest of the state. Measure 32 uses only a small por- Light rail is cost effective. tion of the state's lottery revenue. The rest will still be available Construction costs will be paid for with a mix of federal trans- for schools and other projects. portation funds,state lottery dollars and funds which local vot- ers have already approved by over a 60%vote of the people. To expand light rail, ease traff ic and reduce air pollution, vote YES on Measure 32. (This information furnished by Demi E.DeSoto, North Clackamas County Senator Jeannette Hamby(R-Hillsboro) Chamber of Commerce.) Senator Tom Hartung(R-Beaverton) Representative Tom Brian(R-Tigard) Representative Ken Strobeck(R-Beaverton) (This information furnished by Senator Jeannette Hamby.) P (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy,or truth of any statement made in the argument. 55 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote YES on32. YES on32. Lottery money to ease traffic, To help local communities and rural areas repair roads and build light rail. solve traffic and transportation problems. Oregon's county road engineers know their local In the last two years, many Oregonians have testified to House = road needs.They urge a YES vote on Measure 32. and Senate Committees about traffic and transportation prob- lems all over the state. By strong majorities, the Oregon • Measure 32 uses lottery dollars to help pay for light rail in Legislature passed the transportation package that is now Portland-- plus an equal amount that can be used in cities Measure 32.As chairs of the House and Senate committees that and counties outside Portland for roads and other transporta- considered transportation,we concluded: tion needs. • Communities outside Portland have different, but equally • Many of Oregon's roads are in poor shape today.We need to critical,transportation needs. repair them now, or it will only cost more in the future. Measure 32 is a chance to use some lottery money to make That is why Measure 32 includes lottery and other funds for critical road repairs. transportation needs throughout the state, as well as for light rail in Portland.Communities can choose to use the money for • Measure 32 will use only a small portion of the state lottery for a variety of transportation needs, such as road repairs, roads and light rail. The rest will remain available for schools bridges, airport improvements, and special transportation for and other needs. elderly and disabled citizens. • Light rail works in Portland and cost projections'are rea- Hal Phillips Randy Strohm sonable and accurate. Public Works Director Director of Public Works Umatilla County Wallowa County For Portland the best option for easing traffic is light rail. Ridership on light rail continues to increase. More than half of Bob Hansen Jon A.Oshel MAX riders are new riders to the transit system. Light rail pro- Director,Public Works Public Works Director vides the highest corridor transit ridership and the best oppor- Marion County Tillamook County tunity to limit urban sprawl and save farmland. Tom VanderZanden Randy Trevillian • The opponents of light rail offer no viable alternative for Director of Transportation Public Works Director easing traffic and reducing urban sprawl in our state's Clackamas County Clatsop County largest metropolitan area. Larry Rice Daniel P.Bolot "I support the transportation package for two reasons. One, Public Works Director Director,Public Works light rail is critical for Portland to handle 500,000 new people Deschutes County Wasco County in the next 15 years. Two, Measure 32 helps the rest of the state with our own local transportation problems." James E.Blair Norman Thompson State Representative Bob Repine(R-Grants Pass) County Road Engineer County Road Engineer Chair,House Task Force on South North Light Rail Benton County Crook County "Traff ic is not just a Portland concern. Communities all over James F.Lyon Jim Walker Oregon need transportation help. Measure 32 is balanced,fair Director,Public Works County Road Engineer and a good investment of lottery dollars." Hood River County Grant County State Senator Ken Baker(R-Clackamas) Mike McHaney Chair,State Senate Transportation Committee Gilliam County Roadmaster Vote YES on 32. (This information furnished by Jody Fischer, Oregonians for Roads and Rail.) (This information furnished by Robert Repine and Ken Baker.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 56 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote YES on 32. YES on 32. For roads,rail United Seniors of Oregon and Oregon's economy. Oregon State Council of Senior Citizens The Oregon Building and Construction Trades Council National Council of Senior Citizens urges a YES vote on Measure 32. urge a YES vote on Measure 32. • Measure 32 is good for Oregon's economy. • Measure 32 will invest lottery funds in transportation improve- Measure 32 will help repair roads, build light rail and solve ments that will help Oregon's senior citizens remain indepen- other local transportation problems around the state. Better dent and in their own homes. roads make it easier and less expensive to move freight throughout Oregon. • Measure 32 takes only a small portion of the lottery fund. There will still be money left for other services. • Measure 32 will create jobs. • The lottery dollars in Measure 32 will be used to expand light Light rail construction will create over 32,000 family-wage rail and an equal amount of money will go to cities and coun- jobs.That means$119 million in state income tax revenue for ties and can be used for transportation services like door-to- Oregon. door van service for the frail elderly. • Measure 32 is a sound use of lottery dollars. • Measure 32 is not a tax or a tax increase. Measure 32 is not a tax. It will use a small portion of the lottery Vote YES on Measure 32. for transportation.Up to 95%of the lottery will still be available for schools and other projects. Jim Davis for the United Seniors of Oregon, • Measure 32 is a chance to invest in transportation now -- Oregon State Council of Senior Citizens, before traffic gets worse and costs go higher. and National Council of Senior Citizens We all know it is not going to get cheaper to repair roads or build light rail.We should take advantage of lottery dollars now before the costs of transportation improvements skyrocket. (This information furnished by Nan Heim, Oregonians For Roads and Rail.) To ease traffic and help Oregon's economy. Vote YES on 32. (This information furnished by Bob Shiprack, Oregon Building and Construction Trades Council.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 57 CONTINUED P Official 1996 General Election Voters`Pamphlet--Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote YES on 32. YES on 32. Lottery money To benefit all of Oregon, for roads and light rail. not just Portland. Chambers of Commerce in all Darts of Oregon "Air pollution, traffic congestion, and population growth are all f urge a YES vote on Measure 32. problems that can't be solved by more people riding in cars. Public transportation is an important part of solving these prob- • Measure 32 is fair. It means light rail for Portland and an equal lems. The light rail appears to be reasonable way to move into amount for roads and transportation projects for the rest of the the 20th century." state. Burns Times-Herald,July 26, 1995 • Measure 32 contains$375 million in lottery and other funds for badly needed transportation projects in communities outside "Light rail could be one time rural and urban interests Portland. mesh...Funding for extending Portland system includes money for other projects that would help southern Oregon." • Measure 32 uses only a small portion of Oregon's lottery dol- lars.There will still be money left over for things like education The News Review,Roseburg,July 21, 1995 and economic development. "Not once, but twice the voters in metropolitan Portland have • Measure 32 is a way to solve some transportation problems overwhelmingly supported bond measures to finance light rail. and it is not a tax! There is no more visible symbol of this city's commitment to orderly growth than its train system.And our current prosperity is Gary Capps Dave Hauser due in part to investment in rail and roads to handle a growing Bend Area Eugene Area population." Chamber of Commerce Chamber of Commerce The Business Journal,June 9, 1995 Dan Hem Donald..S.McClave Roseburg Area Portland Metropolitan Area "Why should those of us a good hour's drive from Portland even Chamber of Commerce Chamber of Commerce care about light rail?The answer is obvious: most of us travel in the metro area and become a part of the traffic community there Patrick M.Vance Demi Desoto when we do." Woodburn Area North Clackamas Chamber of Commerce Chamber of Commerce Hood River News,July 26, 1995 William R. Hass Kathi Joy "The light rail line will create thousands of new jobs and millions The Chamber of Bay Area Chamber in state income tax dollars. It would spur economic develop- Medford/Jackson County of Commerce(Coos Bay, ment." North Bend,Charleston) Mike McLaren Dan Abeng The Tigard Times,July 20, 1995 Salem Area The Greater Hillsboro Area "Portland is the state's biggest city, and much of Oregon's Chamber of Commerce Chamber of Commerce vibrancy depends on it. If it's going to be a city that works, it needs transportation that works. No one in Oregon will benefit if Portland becomes as hostile or hopeless or gridlocked as other U.S.big cities." (This information furnished by Jody Fischer, Oregonians for Roads and Rail.) Medford Mail Tribune,July 19, 1995 s (This information furnished by Nan Heim,Oregonians for Roads and Rail.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 58 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Vote YES on 32 YES on 32. To preserve farmland,ease traff ic Experts agree--light rail works for Portland. and repair roads. Light rail ridership is an all time record high and growing. • The Oregon Farm Bureau Federation MAX now provides eight million rides a year. South/North is urges YES on Measure 32. expected to attract 17,000 people out of their cars each week- day. • Oregon farmers need good roads. Measure 32 means lottery dollars for roads and transportation projects all over Oregon. If • Light rail helps prevent sprawl and keep the region liv- we don't take care of our roads now, it will cost us even more able. It is estimated that between 500,000 and 700,000 more in the future. people will live in the Portland metropolitan area by the year 2015.Light rail helps manage that growth. • Measure 32 helps pay for light rail as well as for road repairs. Why do farmers in the Willamette Valley care about light rail? • Light rail helps reduce air pollution. By the year 2015, Because it helps control the urban sprawl that threatens farm- South/North light rail is expected to reduce air pollution by land and rural communities. over 300 tons a year. • Measure 32 uses lottery dollars to pay for transportation • Light rail helps keep freight moving and Oregon compa- needs without increasing taxes. It uses only a small portion of nies productive.There will be a$5 million to$6 million sav- the state's lottery revenue; the rest will still be available for ings per year in congestion costs for freight movement from schools and other projects. South/North light rail. Please join us in voting YES on 32 • Light rail helps build communities.Over$1 billion has been for essential transportation all Oregon. invested along the MAX line, including health clinics, apart- ments and the Blazer arena. • Light rail is cost-effective and less expensive than the (This information furnished by Board of Directors, Oregon Farm Bureau, alternative. A six lane freeway alternative to light rail would John Rossner, President,Stan Handy, Rick Miller, Daryl Hawes, Debbie cost$3.2 billion --twice the cost of South/North light rail with • Scott, Vice Presidents;Larry Lear,Norm Pratt,Joan Silver, Tracey Liskey, only half of the capacity. Camille Hukari,Jack Burkhart,Dean Freeborn,Kathy Smith,Keith Nelsen, Neil Westfall, Charlie Barlow, Edmund Duyck, Doug Krahmer, Howard Sand, Board Members;Andy Anderson, Greg Leo, Don Schelienberg, Vote YE On Measure 32. Pete Test,Staff) Sy Adler,Ph.D. William Becker,Ph.D. Professor of Urban Professor of Science Studies and Planning Education Steven N.Brenner,D.B.A. Ron Cease,Ph.D. Professor of Business Professor of Political Science and Public Administration Daniel M.Johnson, Ph.D. Walter G.Ellis,Ph.D. Professor of Geography Professor of Political Science and Public Administration David A.Johnson,Ph.D. Howard McGinn,M.B.A. Professor of History Morgan D. Pope,President James R.Pratt,Ph.D. MDP Associates,Inc. Professor of Environmental Science Ethan Seltzer,Ph.D.,Associate Professor of Urban Studies and Planning (This information furnished by Ed Grosswiler, Oregonians for Roads and Rail.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 59 CONTINUED -Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No 32 Measure No. 32 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION VOTE NO: On Measure 32 so we can have money for State Bureaucrats, Building Contractors, Bankers and statewide equal educational use. Why do we need Consultants---the people profiting from the proposed North/South to vote'almost$ 2 Billion Dollars for Lite Rail, Light Rail projects---are pushing for a proposal that will waste our when our children's education is a higher priority? tax dollars. VOTE NO FOR YOUR KIDS AND GRANDCHIL- DREN SAKE Experts on Public transportation from Harvard, USC, Portland State, and other colleges, testified to our Legislature and told VOTE NO: Measure 32 creates a dangerous taxing system them the North/South Light Rail project is a "waste of taxpayer whereby Portland Region Light Rail taxpayers dollars". taxes are to be given to the other 33 Counties in the amount of$150 MILLION. The legislature did not listen to the experts and so concerned IS THIS GOOD EDUCATIONAL FINANCING? taxpayers gathered enough signatures to refer this $3 billion, VOTE NO: ASK YOUR STATE LEGISLATOR WHY THEY pork barrel project to yqu,the voter. VOTED FOR RAILROADS INSTEAD OF EDUCA- Let us review the facts, as presented by the experts, why the TIONAL FUNDING. North/South Light Rail Project is a waste of our tax dollars: VOTE NO: REMEMBER, THIS IS A BOND MEASURE OF 1.Light rail does not reduce traffic and congestion; $490 MILLION, WE BELIEVE THE TOTAL COST IS SHORT OF FUNDING. 536 Million including State Lottery Funds with 2.Over 90%of the light rail users will be former bus riders; interest 240 Million from State Lottery Funds 3.Light rail will cost 65 times more than the bus service; 110 Million from State of Oregon General Funds,OR MORE. 4.Light rail is nothing more than a permanent bus line that 150 Miliion'from Portland Metro Area Taxpayers can't be moved; to be given away to induce Eastern&Southern Oregon to vote for the light-railroad.As a Citizen you cannot offer money to vote. Total of above 5.8 miles of light rail will cost billions to construct; , $1.036 Billion.Tri Met says it will cost$1.5 Billion. WHO PAYS THE SHORTAGE OF$464 MILLION? 6.The estimated taxpayer subsidy for one person taking one ride on the light rail is over$38.00 (Again, that's one per- VOTE NO: Send a message to your State Legislators to put son,one way,one ride); this much effort into educational funding, not rail- road tracks. Children are more worthy of these 7. Light rail does not attract new commuters,only bus riders; funds than a cold steel railroad track. 8.The new Light Rail project will only serve downtown VOTE NO: We believe State Legislators have authorized the Portland and,according to experts,will not reduce pollution State Treasurer to issue more bonds, without, or conserve energy; your vote, if $1.5 Billion is not enough for THE PORTLAND REGION LIGHT RAIL RAILROAD. 9,Light rail costs billions-taking money away from our roads and other needed transportation projects that serve everyone; (This information furnished by Clyde V. Brummell, President, Oregon DON'T WASTE TAXPAYER DOLLARS. DON'T VOTE FOR Homeowner's Association,Inc.) PORK BARREL PROJECTS. DON'T LISTEN TO GOVERN- MENT BUREAUCRATS AND SPECIAL INTEREST GROUPS. VOTE NO,NO ON THE NEW LIGHT RAIL LINE Paid for by Oregonians for Schools and Efficient Transportation. i (This information furnished by Bob Tiernan, Oregonians for Schools and Efficient Transportation.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 60 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION The newly proposed Portland "North/South" light rail line, the Vote NO on 32 largest public works project in the history of the state, is going to STOP Light-Rail BOONDOGGLES cost taxpayers billions of dollars to build and hundreds of millions in operating subsidies to maintain. Building the proposed $3 BILLION South-North line would be another terrible waste of federal, state and local taxpayers' Oregonians can't afford to waste money on a project that: money. Like the existing Eastside line, the proposed MAX line would do very little to reduce traffic congestion or air pollution in 1.will cost billions of dollars to build; the Portland metropolitan area. Furthermore, each passenger it added to Portland's transit ridership would require taxpayer sub- 2.cost millions in taxpayer subsidies; sidies of over $60 per round trip, three times more than the Eastside line. 3.only 1% of the Portland area will ride; buses are much While roads are being neglected,state parks and fish hatcheries cheaper and more efficient. are being closed, and new schools and prisons are being post- poned for a lack of funds,it would be irresponsible to build a new If light rail was"free,"it would be a good idea. Unfortunately,it is MAX line that would cost taxpayers more than$25.000 per year not. in subsidies for each additional car that Portland's prodigal tran- sit system would actually take off area roads. Oregonians need to spend lottery dollars on education---giving our children and young adults a better education. Our State col- While teachers, police officers and other workers are being ter- leges need to offer Oregonians the best higher education possi- minated for a lack of funds, it would be wrong to spend ble. We need to provide every Oregon High school graduate, $3.000.000.000.00 building another MAX line when more buses who wants to attend college,a tuition assistance program. or a fleet of computer-dispatched minibuses, taxis and jitneys could carry many more passengers at a much lower cost to tax- Light rail will suck-up huge amounts of taxpayer dollars to build payers. This privately-owned transit fleet could also provide and maintain-taking money from our schools and our children. guaranteed seating and door-to-door service, even in the low- density suburban and rural areas where most Oregonians now Light rail will not relieve Portland area congestion. However, a live and work. better bus system, car pool lanes, repairing interchanges, bypasses,etc.,for fractions of the cost,can relieve Portland area Don't be fooled! Companies, politicians and others that would congestion. benefit financially if the South-North line is built,will spend a mil- lion dollars to fund a slick political campaign-including newspa- per taxpayer money must be spent on a true investment in the , radio and TV infomercials - to get your vote and your$3 future-better schools,smarter kids. BILLION. Just remember, these special interests are afraid to debate with anyone who can debunk their claims or tell you how much of a ridership flop and a financial fiasco light rail has really VOTE NO ON LIGHT RAIL.WE CAN'T AFFORD been in Portland. TO WASTE MONEY. For more information,write CATS, 12160 Burnett, Beaverton OR "PAID FOR BY OREGONIANS FOR SCHOOLS 97008,or contact http://www.com/oti AND EFFICIENT TRANSPORTATION" Vote NO on 32 STOP Light-Rail BOONDOGGLES (This information furnished by Bob Tiernan, Oregonians for Schools and Efficient Transportation.) (This information furnished by Robert W.Behnke,Citizens Against Transit Scams(CATS).) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 61 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION MEASURE 32 WASTES YOUR TAX DOLLARS MILWAUKIANS OPPOSE MILWAUKIE LIGHT RAIL A 1982 Tri-Met study estimated that streetcars to Milwaukie People in the Milwaukie area are asking you,our fellow Portland would cost under$50 million.That sounded reasonable. Now the and Oregon voters,to help us prevent Metro(Portland's regional cost is nearly$1,500 million,thirty times as much. government)from implementing its current light-rail proposal. What do we get for this?A gold-plated, pork-laden streetcar line Many of us originally supported the concept, but didn't know the that hardly anyone will use. Even if we spend billions on fifty details.We do now and we don't like it. more mile of streetcar lines, Metro predicts transit will carry less than 5 percent of all Portland-area trips. BRING NEW YORK TO PORTLAND? Streetcars were invented a century ago for cities that had no According to Metro, the heart of this proposal is to push the cars and little pavement. Calling streetcars "light rail" doesn't Portland area's population density to higher than that of the New make them any better. Nineteenth-century technology can't York-area today in the hope of boosting light rail ridership. But solve the problems of a twenty-first century Portland. Metro admits that nine out of ten people will still drive and that the number of congested road miles will increase from 160 to Though the ballot refers to"South North light rail,"this funds only 620! the south portion. They will need more of your money for the north part. Fast,frequent bus service can reduce congestion at a LIGHT-RAIL IS TOO EXPENSIVE far lower cost. TRANSIT SUPPORTERS OPPOSE LIGHT RAIL PROJECT The proposed four-mile light-rail segment from Milwaukie to Clackamas Town Center is expected to cost $455 million. Yet Metro predicts it will carry only 600 riders per day. That's an The Association of Oregon Rail and Transit Advocates(AORTA) average tax subsidy of hundreds of dollars per ride.This route is opposes the South-North light-rail project because the "costs already well served by buses! [are]too high"and"ridership too low.""The new line would have slow operating speeds,"says AORTA,"and would not be able to BUSES ARE BETTER AND COST LESS accommodate aggressive or long-term ridership growth.— NEIGHBORHOODS OPPOSE MEASURE 32 For less than the cost of one mile of light rail,we can provide the entire region with faster, more convenient, and more frequent bus service. But, if the light rail is built, we won't be able to Light rail "is not worth the cost if you're just looking at transit," improve bus service because, says Metro, the cost of light rail says Metro planner John Fregonese. "It's a way to develop your "limits future bus expansion."' community to higher densities."t After spending your tax dollars on streetcars, Metro will spend more of your taxes subsidizing SAVE OUR LIVABILITY high-density developments near streetcar lines. Metro's research says this plan will make our region more con- But higher densities make congestion worse.We don't want to gested. In fact, Metro regards congestion as a sign of "positive live in New York-urban-area densities:That's why we live here! urban development."t We don't! Randal O'Toole, John Adams, and other Oak Grove neigh- Metro boasts that the South-North light rail is the biggest public bors urge you to vote NO!on Measure 32. works project in Oregon history. We can't argue with that. We also believe it's the most wasteful. http://www.teleport.com/-rot/og/neighbors.html 'AORTA Bulletin,March 1996. TO IMPROVE TRANSIT, REDUCE CONGESTION, AND PRO- t Wisconsin State Journal 7-23-95. MOTE A LIVABLE PORTLAND,VOTE NO! ON MEASURE 32. 'Regional Transportation Plan, July, 1995, page 7-8. tRegional Transportation Plan Update,March, 1996,pagel-20. (This information furnished by Randal O'Toole, Oak Grove Neighbors for Better Transit.) (This information furnished by Jeannette Baker, Milwaukians for Reasonable Transit Choices.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 62 CONTINUED o Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION BETTER SOLUTIONS TO CONGESTION COST MUCH LESS A"NO"vote on Measure 32 is not necessarily a vote against THAN MEASURE 32 better transit. One solution is high-occupancy vehicle(HOV)lanes,which carry AORTA, a volunteer citizens'organization, has worked for better five times as many people,moving twice as fast,as regular free- public transportation for decades. Many of our officers helped way lanes. bring light rail to Portland. We continue to support expanding bus and rail service throughout Oregon. Before Portland built MAX light rail,the HOV lane on the Banfield freeway was "a success, says the Oregon Department of AORTA supports improved transit and light rail In the Transportation,that"improved peak hour operating conditions on South-North corridor and elsewhere. the freeway, conserved fuel, reduced travel costs to the public, and increased freeway capacity." However, AORTA no longer supports the current South- North project because its costs and negative Impacts clearly HOV lanes relieved congestion far better than MAX. During the exceed its benefits, and because discussion has been seven years the HOV lanes were on the Banfield,freeway traffic closed on major design problems. increased by less than 2 percent. In the nine years after MAX was built and the HOV lanes remove, freeway traffic increased AORTA's Portland Chapter recommends that voters reject 57 percent,five times the area's population growth. Measure 32 because: Actual experiences in Portland, Virginia, and elsewhere show COSTS TOO HIGH that HOV lanes cost less and attract more riders than light rail. South-North ($66,000,000 per mile, excluding river crossings) is The proposed South-North line will cost 30 TIMES as much per significantly out of line with the costs of other effective light rail passenger-mile as HOV lanes. Bus ridership increased 355 projects in North America. PERCENT when Virginia's federally funded HOV lanes were opened because travel time was halved. RIDERSHIP TOO LOW ` Another solution is better bus service. For less than the cost of Metro's 20-year ridership projection of the South segment, even assuming dense redevelopment, forecasts less ridership than one mile of light-rail, Tri-Met can DOUBLE ITS BUSES, ADD current eastside MAX. Ridership in the South segment is so low NEW ROUTES, and provide EXPRESS BUSES on existing that Tri-Met cut midday transit service there this fall. routes. If this light rail is built, Tri-Met won't have funds for such improvements. DOWNTOWN ALIGNMENT UNACCEPTABLE Another solution is to use existing tracks for commuter rail rather Light rail on the Mall will degrade bus service,diminish the Mall's than construct new ones. Peak-hour service could operate in a carrying capacity and actually decrease Tri-Met's ability to quick- year at far lower cost than building new tracks. ly move increasing numbers of people to and through the down town. Light-rail supporters plan to spend more than a million dollars on BETTER TRANSIT OPTIONS AVAILABLE this election. But their glitzy ads will offer NO PROOF that light Combining bus improvements and diesel-powered commuter rail rail can reduce congestion or attract as many transit riders as the on existing tacks in the corridor could provide faster commuter alternatives,BECAUSE THERE IS NONE. service from Milwaukie, Clackamas Town Center, Oregon City and Canby, and greater transit travel options. These could be Save your dollars and help reduce congestion. Vote NO! on implemented in less time and at much lower cost than the pro- measure 32. posed project. Related track improvements would directly benefit the Willamette Valley High Speed Rail corridor. For details,see http://www.hevanet.com/oti While light rail can be highly effective,this South-North pro- posal is not a wise investment. Its costs would imperil our ability to make public transportation a more viable option. (This information furnished by Melvin Y. Zucker, Oregon Transportation throughout the metropolitan region and Oregon. Institute.) AORTA's Portland Chapter encourages Oregonians to: •Vote"NO"on 32;and •Ask officials for better,more effective transit solutions (This information furnished by David Zagel, Chapter President, Association of Oregon Rail and Transit Advocates(AORTA), Portland Chapter.) (This space purchased for$500 in accordance with 19930r.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 63 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 32 Measure No. 32 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION LIGHT RAIL IS A BOONDOGGLE PLEASE VOTE NO ON BALLOT MEASURE 32 Light rail is the biggest, most wasteful pork barrel project in STOP THE TRAIN! Oregon history. IT IS A BLACK HOLE THAT WILL ENCUMBER YOU, YOUR Light rail funding is driven not_y the ability of light rail to CHILDREN,AND PROBABLY YOUR GRANDCHILDREN. reduce traffic congestion or air pollution because it does neither. It is driven by greed, backroom political deals and vote THIS SEGMENT OF TRACK IS THE THIRD BUT NOT THE trading. The campaign to pass this measure is being funded LAST. MORE WILL BE PROPOSED, AT GREAT ADDITIONAL largely by contractors with a financial stake in the project and COST. investors with properties located along the line. IT IS OVER-PRICED AND OVER-RATED. THERE ARE This project is being marketed as funding for "statewide trans- CHEAPER AND BETTER WAYS TO DO THE JOB. portation projects." But take a look at the numbers. Light rail project costs$150 million per mile to build.Therefore,more than VOTE NO ON THE PORTLAND LIGHT RAIL TROLLEY. three-fourths of the transportation money will go to Portland for light rail,and the 23 percent that is left will be distributed sparse- ly throughout the rest of the state. THANK YOU. In other words Portland gets a huge piece of the ip a and Representative Cedric Hayden the rest of the state divides up the crumbs that are left. former Chairman(1995)House Subcommittee on Transportation But even Portlanders lose in this deal. Portland has to give up most of its future highway money in exchange for the light rail money. A huge chunk of cash will be went on a light rail (This information furnished by Representative Cedric Hayden, 1995 system that will be used by about one percent of the popula- Chairman,House Transportation Subcommittee.) tion while the roads used by the other 99percent are allowed to deteriorate. It's even more ironic for those driving the crowded freeways say- ing, "I support light rail so those other guys will get off the free- way and make more room for me."In reality, the other guys are voting for light rail so you will get off the freeway and make room for them. Almost no one who supports light rail really plans to use it! Spendir19$1.5 billion on a light rail project that very few will ever use at a time when Oregon's schools are requesting more money, is utterly_foolish. We simply cannot afford both light rail and schools. (This information furnished by Bill Sizemore, Oregon Taxpayers United PAC.) c (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 64 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 33 Measure No. 33 Proposed by initiative petition to be voted on at the General EXPLANATORY STATEMENT Election, November 5, 1996. Ballot Measure 33 amends the Oregon Constitution. The BALLOT TITLE Oregon Constitution currently requires a simple majority vote by the legislature to change a law approved by initiative or referen- dum. Ballot Measure 33 prohibits the legislature from making any AMENDS CONSTITUTION:L.IMIn t.EC1SLATME changes in any law created by an initiative or referendum except " CHANGETO STATUTES PASSE}BY VOTERS by another initiative or referendum.This prohibition would last for five years after a law created by an initiative or referendum is approved. OU,ESTION: Shall constitufiton bar Iegsiature for 5 tf rs;ti sm Changing statutes passed by eaters, require 31 vats tfi each After five years, Ballot Measure 33 would require that at least house thereafter? three-fifths of the members of each house approve any change that would amend, repeal or otherwise nullify the law created by SUMMARY:This measure woufd add ai new sectlort'to1he'state the initiative or referendum. In the 30-member Oregon Senate, constitution.Itwouldb rthelegielA Lure'#r6mChaigjng.oCfrpta1 this would increase from 16 to 18 the number of Senators in statutes enaGteC!or approve d by ttta got .1 f" 6�ydar$l The required to approve such a change. In the 60-member Oregon voters stile mild tto,so by Initiative or refeYendltrt3.After 'years,; House of Representatives, the number of Representatives ,the legislature could arnend'or repeal such.a'Statute txtly ,by,a' required would increase from 31 to 36. 316 vote in each house. Committee Members: Appointed by: ESTIMATE OF FINANCIAL IMPACT;No financial effect on state Ruth Bendl Chief Petitioners or local government expenditures or revenues' Vernon White Chief Petitioners Nina Johnson Secretary of State Fred Miller Secretary of State PROPOSED CONSTITUTIONAL AMENDMENT Ted Runstein* Secretary of State Be It Enacted by the People of the State of Oregon: *5th member appointed by Secretary of State because Article IV, Section 1 of the Oregon Constitution is amended by committee members could not agree on selection. adding the following subsection: (6) No law enacted or approved through the exercise of the ini- (This committee was appointed to provide an impartial explanation of the tiative or referendum powers reserved to the,people by subsec- ballot measure pursuant to ORS 251.215.) tions (2) through (5) of this section shall be amended, repealed or otherwise nullified for a period of 5 years from the date of its enactment or approval by the people except by initiative or refer- endum. After such 5 year period the Legislative Assembly may amend, repeal or otherwise nullify an initiated or referred law upon a vote of not less than three-fifths of the members of each house. (7) SEVERABILITY. If any part of this subsection is held to be invalid, the remaining parts shall remain in full force and effect. NUED 65 CONTI Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 33 Measure No. 33 ARGUMENT IN FAVOR ARGUMENT IN FAVOR VOTE"YES"FOR MEASURE#33! STOP THE LEGISLATURE FROM STOMPING ON THE WILL OF THE PEOPLE! Put a STOP to circumventing the will of voters! + If we had better legislators we wouldn't need the initiatives!Many This measure limits Oregon lawmakers'ability to thwart an initia- legislators are influenced by lobbyists for unions, banks, utilities tive after concerned citizens have first gathered signature to and other special interests that benefit from your higher taxes! place it on the ballot,and a majority of voters approved the mea- As a group, they couldn't care less about what's best for the sure. majority of people. Measure#33 does the following: This initiative says that the legislature cannot change or repeal any initiative passed by the people for five years! After that it takes over 60%of them in EACH house to change or repeal the • It ensures that any legislation proposed by the people in initiative. HOWEVER,the PEOPLE can change it through the ini- the form of an initiative,and approved by voters, remains tiative process. unchanged and in effect for five years. EXAMPLE: In 1988 the public's initiative approved longer sen- • Provides an escape clause in that, after five years, law- tences for violent criminals. The legislature REVERSED this ini- makers could make adjustments to the measure with tiative so violent criminals continued to be let out early. This is approval of three-fifths of the members from each House because criminal trial lawyers, who have great influence in the of the Legislature. legislature, get 104 million dollars for two years to defend crimi- nals with YOUR money. So many killings, rapes and other vio- During the first five year period there are still two ways for lent acts happened because of this RECYCLING of criminals for changes to be made: the benefit of the criminal defense lawyers. 1. If another initiative proposing a change is referred by the people,or, This measure stops this nonsense. It helps protect YOU and 2. If legislators refer their recommended changes back to the YOUR LOVED ONES from crime and higher taxes. people. Either way,it is the voters decision! (This information furnished by Vern White.) In considering the merits of this measure, voters should under- stand that people resort to the initiative process for very good reasons!Too often elected lawmakers ignore the will of the vot- ers in response to powerful special interests who have the influ- ence to prevent the re-election of these lawmakers. Invariably the same special interests who persuaded lawmakers to do nothing in the past, will still be around to apply pressure once the measure has become law.The only recourse to counter this problem has been for the people to make a Constitutional amendment which cannot be changed by the Legislature, and which may not always be appropriate. Vote"Yes"for Measure#33!Voters usually know best! (This information furnished by Ruth F. Bendl, Chief Petitioner, Respect Voter Approved Laws Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 66 CONTINUED I Official 1996 General Election Voters'Pamphlet—Statewide Measures . Measure No. 33 ARGUMENT IN OPPOSITION The Former Deans Committee We believe there are serious concerns that Measure 33 is unconstitutional. Our concerns are as follows: This Measure provides that when an initiative or referendum is passed, the new statute cannot be changed by the Oregon Legislature for five years.This prohibition against change is even for obvious or unintended errors. After five years the initiative or referendum can be changed only after a 60%favorable vote by the Legislature. We have a representative form of Government. The Oregon Legislature has a constitutional duty to write, rewrite, change, modify or repeal any laws necessary to provide for the common needs of the citizens of this State. The Constitution of the United Sates guarantees a Republican form of Government and the right of all citizens to petition their government for the redress of grievances and this Measure appears to deny this fundamental right. People have the right to seek changes in the laws at any time the Legislature is in ses- sion.The Measure would limit the citizen's rights of free expres- sion and equal protection under United States Constitution. We provide this information to help fellow voters in understand- ing this measure.Our comments are designed only to provide objective and careful constitutional analysis of the measure. Collectively,we take no position on the other merits of this mea- sure. Prof.Leroy Tornquist(Chair),Former Dean Willamette University College of Law Prof.Emeritus Chapin Clark,Former Dean University of Oregon School of Law President David Frohnmayer University of Oregon Former Dean University of Oregon School of Law Prof.Maurice Holland,Former Dean University of Oregon School of Law Prof.Robert Misner,Former Dean Willamette University College of Law (This information furnished by Bob Cannon, The Former Deans Committee.) (This space purchased for$500 in accordance with 19930r.Laws 811§11.) The printing of.this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 67 Official 1996 General Election Voters'Pamphlet-Statewide Measures Measure No. 34 Measure No. 34 Proposed by initiative petition to be voted on at the General EXPLANATORY STATEMENT Election,November 5, 1996. Section 1 of this measure gives the State Fish and Wildlife Commission the sole authority to manage wildlife and to regulate BALLOT TITLE the times, places and manner in which wildlife may be taken by angling, hunting or trapping. Under state wildlife laws, 'manage' means to protect, preserve, propagate,promote, utilize and con- e trol wildlife. Section 1 of this measure also prohibits the commis- sion from giving this authority to any other person,department or 35 ryF 4Y CAE R � vN�i F3ai 'y. agency except the State Department of Fish and Wildlife. g Section 2 of this measure repeals laws enacted since July 1, 1975, that regulate or set the times, places or manner in which E g � .6" wildlife may be taken by angling, hunting or trapping. Included in �. this repeal is the 1994 voter approved initiative measure banning the use of dogs to hunt black bear or cougar, or to use bait to attract or take black bears,with exceptions for damage control. Section 2 of this measure does not affect laws enacted by the u tul W_RY tt Legislature or rules adopted by the State Fish and Wildlife Commission. This measure contains a provision to save other parts of the measure if any portion is found unconstitutional. E ' A, Committee Members: Appointed by: Gregg K.Clapper' Chief Petitioners Representative Larry Sowa' Chief Petitioners Nancy Perry Secretary of State y Daniel Stotter Secretary of State Greg McMurdo Members of the Committee AN ACT 'Member dissents(does not concur with explanatory statement) Be it enacted by the People of the State of Oregon: (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) SECTION 1. The State Fish and Wildlife Commission shall have exclusive authority to manage wildlife and to regulate the times, places and manner in which wildlife may be taken by angling,hunting or trapping.The commission may delegate such authority to the State Department of Fish and Wildlife and to no other person,department,or agency. SECTION 2. All laws enacted after July 1, 1975 which purport to regulate or prescribe the times, places or manner in which wildlife may be taken by angling, hunting or trapping, except for laws enacted or amended by the Legislative Assembly or rules adopted by the State Fish and Wildlife Commission, are repealed. SEVERABILITY: If any part of this Act is held to be unconstitu- tional by a court of competent jurisdiction,all other parts shall not be affected and remain in full force and effect. P r 68 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 3Measure No. 34 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Don't be Misled Again.Vote Repeal Measure 18 YES ON MEASURE 34. One of the biggest frauds ever perpetrated on the Oregon voting In 1994, using emotional rhetoric and graphic videos of illegal public. Important, responsible wildlife management practices hunts and hunts in other states, radical animal rights extremists were eliminated based on voter response to emotional videos misled Oregon voters into supporting Measure 18, a ban on filmed in other states. As predicted by professional wildlife certain cougar bear techniques. managers have e immediate rsostofwhich came has suffered, citizens been confronted with increasing sp entnearlY a quarter a million from outside Oregon. Today, consequences of the extremists attacks on their pets and livestock, damage to agricultural an ban are apparent. Lets look at the havoc the fanatics have forest fety is in question.Review some headlines from around Oregon. caused. WILDLIFE MANAGEMENT HAS SUFFERED. "We think HUMAN-COUGAR CONFLICTS INCREASING, Measure 18 is one of the most unfortunate incidents that has happened to wildlife management in this state,this century. We "Cougar population and attack risk rise. Recent sightings and applaud any reasonable attempt to go to the Legislature and attacks on dogs are causing residents to worry about the g obtain some sort of renewed abilit y to manage these animals." increasing presence of the mountain lion" The Oregonian. Jim Haberstadt, Vice Chairman, Oregon Fish and Wildlife 04/03/1996 Commission 12/14/94. Eugene Weekly,01/2.5/96 "Cougar alert" issued for Moore Park area. Ron Anglin; district "Voters can exercise control, responsibility on next ballot, biologist for ODFW,said a large cat was seen near the viewpoint First we wind up voting on so many issues that we m area, a popular trail for hikers and joggers. Herald and News e uninformed decisions. An example is the bear and cougar 05/15/96 hunting restrictions.How many of us really know what's involved in hunting bear and cougar or are experts in wild animal ..Cougar activity remains a concern throughout the region. A population control? Probably not many,so it's not surprising that cougar was killed by a deer hunter on Heppsie Mt., Rouge petitioners are trying to pass a measure simply reversing 1994's District in self defense.Another cougar was killed by an Ashland actions."Salem Statesman Journal 07/06/96. area resident after it was repeatedly seen in yards during daylight.Roseburg News Review 11/23/95 "Effective,regulated hunting would put the cougar's welfare back in the hands of Oregon's professional wildlife managers" Herald As a Mother and Grandmother I was horrified by an August 21, and News 05/05/96 1996 Article in the Portland Oregonian which vividly described how a mother trying to save her 6-year-old son was killed by a COSTS TO TAXPAYERS ARE SKYROCKETING As a result of 59 pound cougar.The cougar pulled the child from a horse and ha rvest dropped 78% in spite of greatly when the mother went to his rescue the cougar killed her. In the ban, 1995 cougar ha expanded seasons.Bear harvest is off 50 per cent and damage areas where cougar are not controlled, these attacks are complaints increased by 64%. These dramatic increases becoming more and more frequent.Must this type tragedy occur required the Oregon Department of Fish and Wildlife to request in Oregon before we wake up to the fact that our children and y p grand children have been placed in danger by animal rights $527,931.00 in general fund money to support increases in the cougar\bear damage program. Costs previously borne by extremists who value animals more than human life? PLEASE hunters. Staff proposals ODFW 1997-99 Budget-1996-97 Big VOTE YES ON MEASURE 34 AND RESTORE SOME SENSE Game Regulations. and SAFETY TO OUR WILDLIFE MANAGEMENT PROGRAMS. Return management of Oregon's wildlife to Wanda Foster responsible professionals. Western Outdoor Women VOTE YES ON Measure 34! (This information furnished by Rod Harder, Oregon Sportsman's Political (This information furnished by Rod Harder, Executive Director, Oregon Victory Fund 002229.) Sportsmen Defense Fund Inc.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing oSY iteao9 Orenon�nor does constitute an [he trby'theoStalteaof Oregon nor does thetstateewa�rant ment by the 9 the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argumen. CONTINUED 69 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 34 Measure No. 3:4 ARGUMENT IN FAVOR ARGUMENT IN FAVOR They lied! Look and see who funded the animal rights fanatics'Measure 18 the last time. It was a bunch of out-of-state animal rights fanatics Remember the TV commercial of the vicious dogs ripping up the whose real mission is an agenda of extremism. They want no furry animal? That's how the extremists duped Oregon voters animal research,even if it means delaying a cure for AIDS.They into passing Measure 18. don't want you to have pets. They don't want you to eat meat. Don't wear leather.Don't go to the circus or the rodeo.They sure Now we find out that their commercial was really an illegal don't want you to hunt.They don't even want you to fish. poaching hunt filmed OUTSIDE.of Oregon. It didn't honestly depict anything that happened in Oregon. The people that We're talking here about a group of animal rights fanatics. participated in that fiasco went to jail.And they should have! They've disguised their true mission by targeting bear/cougar hunting.But even here,the facts aren't on their side. Why couldn't they have honestly presented their case to the Oregon voters? Here are the facts: Because they would have lost. There were only 300 cougars in Oregon when the Oregon Department of Fish and Wildlife took over their management. According to the Oregon Department of Fish and Wildlife, I Today,there are more than 3500. Oregon now has about as many cougars as it can handle based on the number of wilderness acres that now exist.A mature male Cougars kill an estimated 175,000 deer and elk a year--more cougar dominates a 175 square mile area. If another male than twice the number taken by hunters. We manage deer and cougar comes into that area, there's trouble. The result is that elk to sustain healthy herds. It makes NO sense to give up man- one of these cougars has to go live someplace else. Obviously, agement because extremist out-of-state animal rights fanatics at some point, we run out of wilderness acreage. That's when want to advance their politically correct agenda. cougars start moving toward town. That's what happened last year in California. In both cases, young male cougars relocated The animal rights fanatics are led by Wayne Pacelle of the closer to towns. The result was a woman bird watcher near San Humane Society of the United States. This isn't the Humane Francisco being mauled and killed and a woman hiker near San Society that has the dog shelters. That's the Humane Society of Diego being mauled and killed. America.The Humane Society of the United States is a group of rights fanatics.The Oregon cougar population is large and healthy. That's WaY el Pacelle the following proof? All you have to do is ask because we provided professional wildlife management authority 9 questions: to the Oregon Department of Fish and Wildlife. And they did a Are you in favor of people having pets? good job. Do you wear leather? Do you eat But then we got duped by a bunch of out-of-state wackos. Do you fish? eat? Is there any form of hunting that you think is acceptable? Let's correct our mistake. Do you think rodeos and circuses should exist? Let's not allow them to get away with the lies this time. Measure 34 simply returns management of ALL fish and wildlife back to where it should be.Not in the hands of a bunch of Vote YES on 34. fanatics. Vote YES on 34. (This information fumished by Gregg K.Clapper.) (This information furnished by Gregg K.Clapper.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- [e:n rinting of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. ccuracy o r truth of any statement made in the argument. 70 CONTINUED I Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 34 Measure No. 34 ARGUMENT IN FAVOR ARGUMENT IN FAVOR PREDATOR PROBLEMS ARE AT AN ALL-TIME Here's what the animal rights fanatics REALLY say: HIGH IN OREGON. When Tom Regan,""March on Washington leader and Philosophy Professor, North Carolina State University", was Measure 18 has crippled Oregon's ability to control predator asked following his speech, entitled "Animal Rights, Human populations and has resulted in more conflicts between Wrongs", University of Wisconsin-Madison, October 27, 1989, predators and people,livestock and pets in Oregon. would he save a dog or a baby,if a boat capsized in the ocean? - Measure 18 has eliminated the best tool wildlife managers He responded, "If it were a retarded baby and a bright dog, I'd have for cougarllingoOregon's expanding populations of black save the dog." bear "One day,we would like an end to pet shops and the breeding of • After failing to get their way with the Oregon Fish and animals. Dogs would pursue their natural lives in the wild...They Wildlife Commission,which supports traditional hunting methods, would have full lives, not wasting at home for someone to come animal rights fanatics from out-of-state resorted to the Measure home in the evening and pet them and then sit there and watch 18 initiative and successfully duped voters who simply weren't informed of the facts. TV." ' --Ingrid Newkirk,People for the Ethical Treatment of Animals(PETA) Without sportsmen to control predator populations,the only Chicago Daily Herald,March 1,1990 relief from predator problems now comes after attacks occur, when government-paid trappers pursue the marauding predators The Oregon State University farm"was targeted due to its role in from the site of the attack. Even then, most attempts at tracking the barbaric fur trade...the ALF will continue with similar actions problem predators prove unsuccessful. until the last fur farm is burned to the ground" ---Animal Liberation Front statement, Prior to the passage of Measure 18, Oregon had a very June 10,1991,claiming credit for successful management program in place that brought predator arson at OSU-Corvallis populations back from the brink of extinction to healthy numbers. Now Measure 18 has destroyed the balance. The animal rightists next target?"Fishing!" ---Outdoor Life,June 1996 Vote to repeal Measure 18,correct our mistake,and return Oregon's wildlife management to our trained professionals. "We recognize all animals on fur ranches as political prisoners of the war on nature and shall strive to rescue them by any means Vote YES on 34! necessary. ---Rod Coronado,Earth First! Newsletter, 1991 Vol 12,#2 Don't let the animal rights fanatics take over control of Oregon's (This information furnished by Robert Webber.) fish and wildlife. Vote YES on 34. (This information furnished by Gregg K.Clapper.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 71 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 34 Measure No. 34 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Who are the animal rights fanatics opposing Measure 34? Here's what wildlife managers say about Measure 18: The following is a profile of Sally Mackler, Southern Oregon "Measure 18 is one of the most unfortunate incidents that has . Co-Spokesman for the Oregon Bear&Cougar Coalition: happened to wildlife management in this state,this century...The difference is, rather than providing a recreational opportunity for Name:Sally Frank Mackler hunters... we have created a cost to the department and our Age:46 hunters by having to contract with someone to take care of the Origin:She moved to Oregon from Southern California. damage complaints." Personal data:She lives with several dogs,more than 20 cats, —OREGON FISH AND WILDLIFE COMMISSION, and an array of chickens and other birds. "There are so many," March 17, 1995,ODFW press release reported the San Diego Union-Tribune, (Jan. 6, 1990)"she's lost count." "Damage complaints from bear and cougar have been increasing Diet: Vegetarian. She won't eat dairy products, she told the every year, even with carefully controlled hunting... Measure 18 San Diego Union-Tribune(Aug. 30, 1990)because she believes has placed much of the management of these species on an cows are exploited. She stated in the same article that she emotional rather than a scientific basis." regrets having to eat vegetables, but can justify it because even more plants would have to die to raise livestock for her consump- —Rod Ingram,Oregon Department of Fish&Wildlife tion. Deputy Director Animal rights background: She founded a Southern March 17, 1995,ODFW press release California-based chapter of People for the Ethical Treatment of Animals (PETA), which has started a national campaign to ban Now that you know how our trained wildlife managers feel about all hunting and fishing and serves as a mouthpiece for the terror-Measure 18, it's easy to understand why the animal rights fanat ist group Animal Liberation Front that regularly destroys medical ics want to take wildlife management out of their hands, and it's research labs and targets circuses and rodeos.Mackler has pub- easy to understand why the animal rights fanatics oppose licly stated (San Diego Union-Tribune, Nov. 19, 1990) that she Measure 34, which would entrust the Oregon Fish and Wildlife supports animal research lab break-ins. She has also demon- Commission with the management of our state's wildlife. In a strated at circuses. fund-raising letter to their fellow-fanatics,they call this concept"A Criminal background: She was arrested at UC-San Diego classic case of the fox guarding the hen house." medical research lab (San Diego Union-Tribune, Apr.25, 1986). When her 3-year probation was up, she told the San Diego Well,we know who the real varmints are. Union-Tribune(Nov. 19, 1990)that she would probably break the law again. Stop the animal rights fanatics from interfering with sound wildlife Meanwhile, Sally's partner as co spokesman for the Bear & management practices in Oregon,and give the Oregon Fish and Wildlife Commission back its authority to manage our state's Cougar Coalition, William Spencer Lennard, was arrested on wildlife. September 11, 1995, for criminal trespass and jailed after stag- ing a protest at the Sugar Loaf Mountain timber sale in southern Vote YES on 34. Oregon. DON'T LET THE WACKOS GET AWAY WITH THE LIES THIS TIME! VOTE YES ON MEASURE 341 (This information furnished by Duane Dungannon.) (This information furnished by Gregg K.Clapper.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 72 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 34 Measure No. 34 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Oregon Newspapers Urge A NO Vote on Measure 34 The Humane Urges a Society Vote of the Willamette Valley "Leave hunting law alone" Eugene Register-Guard Measure 34 overturns a decision of Oregon voters and seeks March 18, 1996 to give unprecedented powers to the Fish and Wildlife "Opponents of Measure 18 have adopted a Mississippi River Commission. In urging opposition to Measure 34, the Salem strategy -- broad and murky-- because when they address the Statesman Journal argued, "[Measure 34]gives the[Fish and issues directly, they lose. Oregonians, including many hunters, Wildlife]commission more power than any other state agency don't believe it's sportsmanlike to sit by a barrel of bait until a or department." bear comes along and then kill it.Nor are they convinced that it's necessary to control the cougar and bear population by allowing . Measure 34 makes legal the cruel and unsporting practice of hunters to track them down with dogs." unleashing packs of hounds to pursue and trap bears or cougars.The hounds will often fight with the bears or cougars, "NRA serves up a very bad law leaving all of the animals bloodied and sometimes killed in the The Daily Astorian process. May 23,1996 "The most shameless game on the streets is the ballot initiative Wildlife experts agree that bear baiting is unsportsmanlike, that would redefine wildlife policy in Oregon. It is a thinly dis- unnecessary,unsafe,and inconsistent with other big-game guised attempt to repeal the effects of Measure 18, which was hunting practices.Here's what they say: adopted by the voters in the 1994 election." "The use of salt as an attractant to draw elk and other game "Voters must resist repeal of bear-cougar hunting law" animals is illegal for ethical reasons.The Forest Service Salem Statesman Journal believes these same standards should apply to all game March 11, 1996 species,including the black bear." "The new initiative measure is misleading as well as --J.S.Tixier,November 29, 1990,Letter to Idaho Fish and harmful....The proposed initiative is a disguised attempt to over- Game Commission ride a decision already made by Oregon voters.As the campaign Regional Forester of the Intermountain Region gets going,we will hear a great many stories about the rise in the U.S.Forest Service cougar population and threats to pets and children in suburban areas.That's exaggeration and scare talk." "The practice of bear baiting has a direct negative impact on Crater Lake National Park.At some times the park bound- "Hunting law repeal should be rejected" ary is almost ringed with bear baiting stations...Experienced Albany Democrat-Herald park field personnel believe that the park bear population is March 9, 1996 on the decline." "There is no need to change the bear and cougar law because --Charles Odegaard,June 11,1994,Letter to U.S.Forest as far as anyone knows it is working fine....It's still legal to hunt Service bears and cougars during their season,except with the outlawed Regional Director of the Pacific Northwest Region methods. And if there's trouble somewhere, authorized state National Park Service agents may use even the outlawed methods." "Bears are single-trial learners;they come into a food "Opponents of Measure 18 lacking facts" source and they are going to learn to associate people and Grants Pass Daily Courier food very quickly.And so you could end up with that bear in June 20, 1996 a campground." "...the facts don't spell out some pressing wildlife problem.Those --Scott Fitkin, The Oregonian,October 18,1994 who want to repeal Measure 18 need to come up with facts, not Bear Biologist scare tactics...." Washington Department of Fish and Wildlife Please vote NO on 34 and maintain restrictions on cruel and inhumane methods of trophy hunting. (This information furnished by Scott Beckstead, Director, Oregon Bear and Cougar Coalition.) (This information furnished by Edna Corrick, President, Humane Society of the Willamette Valley.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constit="argument.endorse - The by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does th the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made i73 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 34 Measure No. 34 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION SPORTSMEN AGAINST MEASURE 34 OREGON AUDUBON CHAPTERS OPPOSE MEASURE 34! We have all spent countless hours in the woods, hunting and *Measure 34 would strip authority from local governments, fishing, and strongly oppose Measure 34 because we believe it the Department of Parks and Recreation,the Department of is a deceptive attempt to legalize two unsporting hunting Agriculture,the Department of Forestry,and the Division of methods--baiting and hounding. State Lands. Measure 34 repeals laws affecting wildlife that have been adopt- Some of us have been officers with sport hunting and fishing ed since 1975 by local governments or state agencies other than organizations in the state.We all hunt pheasant,deer,elk,ducks the Fish and Wildlife Commission;20 years of rules and regula- or bear and would vigorously defend our right to take game tions would be automatically repealed. during regulated hunts. None of us, however, would ever consider using a pack of dogs to tree our prey.None of us would For example, rules which protect wildlife in state,city and county shoot our game while it is eating food we set out. parks would be repealed under this measure and the State Parks and Recreation Department would be unable to govern hunting, A true sport hunter observes fair chase rules and eats the trapping and angling on the land they manage. game that he kills. It is an obvious violation of fair chase to use radio equipment on dogs,who then chase down the quarry, tree Says the Eugene Register Guard(3/18/96),"Every land manage- it and set off a signal to the so-called"hunter'waiting back at the ment agency in the state has some responsibilities for fish and truck. A point blank shot at a cougar trapped in a tree or a bear wildlife, and properly so. The proposed initiative would wipe all with his head in a barrel is not hunting. It is the way of the slob those agencies'post-1975 rules from the books. It's doubtful that hunter,not the sportsman. the Department of Fish and Wildlife could or should effectively fill the vacuum." Hunters who use bait to kill bear and who use dogs to trap and shoot bear or cougar are not sport hunters. Bear baiting and *Measure 34 deceives voters. high-tech hunting with hounds for bear and cougar gives all A vaguely worded initiative is no way to make sweeping public hunters a bad reputation and diminishes the public's respect for policy in Oregon. The language of the proposed initiative does hunting. not provide the public with the necessary information to assess its actual effect. Measure 34 takes a slash and burn approach, Hunters take bear and cougar right now under the current law. rather than a thoughtful and considered one, to setting wildlife They are skilled hunters--true sportsmen. These hunters know policy in Oregon. how to track,stalk or call. *Measure 34 repeals dozens of laws affecting and protecting YOU CAN BE PRO-HUNTING AND AGAINST CORRUPT wildlife--as well as the 1994 voter-approved restrictions on HUNTING PRACTICESI. baiting and hounding. Measure 34 affects more than bears and cougars. This extreme All sportsmen who believe in fairness and fair chase will vote ballot measure would alter the balance of power over numerous NO on Measure 34. ' fish and wildlife issues in Oregon. It would give the Oregon Fish and Wildlife Commission--which is comprised of seven political appointees--the"exclusive authority"to control all wildlife policy Sportsmen Against Measure 34 in the state. The Salem Statesman Journal points out(3/11/96), Lindsay Mohlere,President "[Measure 34].gives the commission more power than any other Jim Rogers,President,Port Orford Chapter state agency or department." Loren Hughes,La Grande Chapter(Past Regional Director, Isaak Walton League) Steve Alf,Oregon City Chapter(Past President,Estacada Vote NO on 34. Chapter,Northwest Steelheaders Association) (This information furnished by Paul Ketcham, Audubon Society of (This information furnished by Lindsay Mehlere, President, Sportsmen Portland,Ray Nolan, M.D., Ph.D., Cape Arago Audubon Society;David Against Measure 34;Jim Rogers,Port Orford Chapter,Sportsmen Against Stone, Lane County Audubon Society; Dave bon S, Central Oregon 9 Audubon Society;Johne Soo Roach, Se Meiu Audubon Society;Jim Britell, Measure 34;Loren Hughes,Past Regional Director,Izaak Walton League, Kalmiopsis Audubon Society,•Maggie Meik/e,Salem Audubon Society,,Jill La Grande Chapter, Sportsmen Against Measure 34;Steve Alf, Past Barker,Columbia Gorge Audubon Society.) President, Estacada Chapter, Northwest Steelheaders Association, Oregon City Chapter,Sportsmen Against Measure 34.) (This space purchased for$500 in accordance with 1993 Or,laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 74 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 34 Measure No. 34 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Responsible Ranchers Oppose Measure 34 VOTE NO ON 34 My name is Bill Boyer,and I am one of many llama ranchers in BEAR BAITING AND HOUND HUNTING ARE NOT ONLY Deschutes County. I am, to my knowledge, the only llama INHUMANE AND UNSPORTING BUT ARE UNNECESSARY_ rancher in the county to have had llamas killed by a cougar. TO PROTECT PEOPLE AND TO MANAGE WILDLIFE. In spite of my experience, I oppose Measure 34.The passage Current law places no restrictions on how managers and of Measure 34 will do nothing to protect my livelihood or my property owners may deal with cougars posing a threat to public livestock. safety or livestock.And it allows continued hunting of cougars. In 1995, hunters not using hounds killed at least 31 cougars, Cougar attacks on livestock are rare. according to the Department of Fish and Wildlife. It is rare for cougars to kill livestock. Cougars are efficient in killing traditional prey,such as deer,elk,rabbits,and porcupines. MEASURE 34 MAY PRODUCE MORE COUGAR-HUMAN The rare cougar that kills livestock is usually a young animal ENCOUNTERS. seeking a territory;hound hunters don't want to kill these juvenile cougars because they are not desired trophies. Hound hunters seeking trophies want to kill large, adult lions-- the lions least likely to cause problems. Most problem lions are Hound hunters killing cougars deep in the wilderness do hunters animals u searching k killing territories because they make less nothing to protect ranchers from cougars. P ass P 9 these lion Ranchers are not rearing stock in the wilderness.Hound hunters desirable trophies. are often tracking and killing cougars deep in national forests and other wilderness areas. These hound hunters seeking COUGAR EXPERTS AGREE THAT HOUND HUNTING FOR trophies are not helping ranchers,because they are not targeting TROPHIES IS NOT NECESSARY FOR POPULATION problem animals. CONTROL. Cougars regulate the number of prey species that cost ",,. we proved that mountain lions will never overrun the farmers millions of dollars. countryside.These animals are very territorial and limit their own ' Farmers do lose money to wildlife,primarily to prey species such numbers.'' as deer, elk, and rabbits. Cougars prey upon these species, Maurice Hornoker,National Geographic,July 1992 keeping their populations in check. Cougars help farmers and Dr.Hornoker is the nation's leading authority on cougars and did ranchers far more than they hurt them. the first long-term studies on cougars in the 1960s. We must be rational,not emotional. proponents of hunting should not claim that hunting cougars Commercially valuable livestock were lost to a cougar, costing is necessary to maintain public safety. Quite simply, sport hunt- thousands of dollars. Few people have had such an experience. ing does not reduce the risk of cougar attacks on humans." Yet, I am trying to be rational,not emotional, by recognizing that Paul Beier, Submitted as testimony to Oregon Legislature, randomly chasing cougars in the wilderness and killing them will March 1995 do nothing to solve the rare problem of cougar attacks on Dr. Beier is the author of the only peer-reviewed study on livestock.The Department of Fish and Wildlife and ranchers can cougar-human encounters appearing in a major wildlife journal. and should deal with the rare rogue cougar under existing law. "State-wide sport-hunting does not select for problem lions(most Oppose Measure 34 and support intelligent and responsible lions are hunted in wild areas far from human activity),and when wildlife management. the hunts are well-controlled...sport-hunting would not be an effective risk-reducing strategy." Linda Sweanor and Kenneth Logan, submitted as testimony to Oregon Legislature,March 1995 (This information furnished by William Boyer.) Sweanor and Logan recently completed a 10-year study with an unhunted cougar population in New Mexico. (This information furnished by Pamela Frasch, President, Oregon Animal Welfare Alliance.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 75 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 34 Measure No. 34 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION PLEASE JOIN OREGON WILDLIFE FEDERATION, OREGON OREGON HUMANE SOCIETY URGES A LEAGUE OF CONSERVATION VOTERS, OREGON NATURAL NO VOTE ON MEASURE 34 RESOURCES COUNCIL AND THE OREGON CHAPTER OF THE SIERRA CLUB AND VOTE NO ON MEASURE 341 Measure 34 is a deceptive attempt to overturn Oregonians' November 1994 vote barring the unsporting, inhumane and As Oregon conservationists, many of our members support unnecessary methods of baiting and hounding. The 1994 law, responsible and sound hunting practices. However, Oregon's Measure 18, allows continued hunting of bears and cougars conservation community strongly opposes Measure 34 because using fair methods and allows for the take of individual bears or s we believe this measure is both extreme and deceptive in its cougars posing a threat to public safety or livestock. impacts to Oregon's current wildlife management and conservation policies: Hound Hunting is Cruel to Bears,Cougars and Their Young —The The Salem Statesman Journal has found that Measure 34"is misleading as well as harmful"and observed that Measure 34 is � Somng them to tear apart bear cubs or cougar kittens. Dogs e hound hunters develop a blood lust in their dogs by allow a "disguised attempt to override a decision already made by i Oregon voters."(Editorial,March 11, 1996). that have been allowed to maul bear cubs or cougar kittens will more aggressively pursue their quarry during hunts. Nowhere in Measure 34 does it state that it was designed to Some hound hunters will shoot treed bears in the paws s face repeal the 1994 initiative measure approved by the Oregon voters. The voters outlawed bear baiting, the biologically and allow their dogs to attack the wounded and defenseless unsound practice of leaving food and trash in our forest to attract bears that fall to the ground. This, too, teaches hounds to be or hunt black bear. Oregon voters also prohibited the practice of aggressive. hounding cougars and bears. Existing law allows damage control hunting of bear or cougar when necessary to control individual Hound Hunting is Cruel to the Hounds animals harming property or causing public safety concerns. Many adult bears and cougars do not meekly scamper up a Measure 34 is extreme and over-broad, automatically tree when chased by hounds. Some will turn and fight, resulting repealing wildlife management rules enacted since July 1, 1975, in the maiming and killing of the dogs. and gutting over twenty years of Oregon's wildlife conservation laws! ' The state of Oregon bans dogfighting and cockfighting.There is no reason to sanction bear-dog fighting or cougar-dog fighting ' By making the Department of Fish and Wildlife the sole and by allowing hounding. exclusive agency with authority to manage wildlife, Measure 34 prevents other respected state agencies, such as the Oregon Measure 34 Goes Too Far and is Misleading Parks Department,the Department of Forestry,or the Division of State Lands, from carrying out their important wildlife management roles regarding wetlands,sensitive wildlife species, This initiative would give the ODFW commission exclusive and other state wildlife conservation programs. authority - over the will of the people - to regulate wildlife. No ' other state agency would have the power of the ODFW commission. The voice of the public would be superseded by a WE URGE YOU TO JOIN US IN VOTING NO ON MEASURE 34! politically appointed, not elected. commission. It also would repeal 20 years of publicly developed laws and ordinances that were drafted by other state agencies or that were enacted by a direct vote of the people, including Measure 18. The proposed (This information furnished by Paul Loney, President, Oregon Wildlife initiative simply goes too far. Federation;.Sally Cross, Political Director, Oregon Natural Resources Council,Daniel Stotter, Wildlife Issues Coordinator,Oregon Chapter of the Vote No on 34. Sierra Club;Anna Goldrich, Executive Director, Oregon League of Conservation Voters.) (This information furnished by Dale Dunning, President, Oregon Humane Society.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 76 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 34 ARGUMENT IN OPPOSITION American Society for the Prevention of Cruelty to Animals and the Humane Society of the United States Say Vote No on 34 Oregonians voted to outlaw bear baiting and the high-tech hound hunting of black bears and cougars in the most recent general election. The existing law, Measure 18, should be given time to work. Hunting for bears and cougars is still allowed in Oregon. In the very first year after Measure 18 passed, hunters killed at least 624 bears and 31 cougars -- unmistakable evidence that sportsmen can successfully hunt the animals without bait or dogs. Existing law allows for the use of otherwise prohibited methods to eliminate individual bears or cougars that might pose a threat to public safety or livestock. In Colorado --just four years after voters there approved a law similar to Measure 18 --the state is selling twice as many bear licenses and sportsmen are successfully hunting bears. SAY NO TO BEAR BAITING It is unsportsmanlike to set out jelly doughnuts, rotting vegetables, and other foods to lure bears to a bait station in order to shoot them from close range. Most other states, including California, Colorado, and Montana, already ban bear baiting. They have recognized that baiting is unsporting and creates wildlife management problems. Baiting habituates bears to humane foods and scents and leads them to raid campgrounds and garbage cans. SAY NO TO HIGH-TECH HOUNDING It is unsporting to chase down a bear or cougar with a pack of radio-collared dogs, tree the animal, and then shoot the animal off a tree limb. Hounding inevitably leads to bloody fights between bears and dogs when the bears turn and fight. Houndsmen are known to sic their dogs on bear cubs,in order to give them a taste of blood and to instill aggression in the dogs for future hunts. VOTE NO ON MEASURE 34 AND GIVE THE BEARS AND COUGARS A SPORTING CHANCE. 9 (This information furnished by Roger Caras, President,American Society for the Prevention of Cruelty to Animals(ASPCA);Nancy Perry,Northwest Regional Coordinator,The Humane Society of the United States.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 77 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 Proposed by initiative petition to be voted on at the General SECTION 4.These sections shall supersede any other provision Election,November 5, 1996. of the Oregon Revised Statutes with which they conflict. If any subsection,clause or part of these sections is held invalid under the United States Constitution or Oregon Constitution as to any BALLOT TITLE person or circumstance by any court of competent jurisdiction, TITLE person remaining subsections,clauses and parts shall not be affect- 11 17 7711, ed and shall remain in full force and effect. " � f EXPLANATORY STATEMENT Ballot Measure 35 would enact a statute restricting bases for providers to receive pay for health care. For the purposes of Measure 35,health care providers includes both health care pro- fessionals, (such as physicians, chiropractors, dentists, pharma- cists, nurses, etc.) and entities involved in the delivery of health care(such as hospitals,nursing homes,clinics and pharmacies). Health care providers also includes contractors and employers of � health care providers. Under this measure, insurers are not con sidered health care providers. ,� � 11 n If Ballot Measure 35 passes, Oregon law would allow only mm tv provider payments based on one or more of the following: S €�W, Work performed (payments for treatments and services pro-J vided to meet the health care needs of individual patients); �� £� a M An hourly wage; Prearranged salary and benefits; Bonuses paid for work performed;and Reimbursement for expenses. Enacting these restrictions would outlaw some current forms of AN ACT health care provider payments. The restrictions in Measure 35 Be it enacted by the People of the State of Oregon: would not apply to provider payments made by individuals or PREAMBLE: Because patients have the right to be protected family members. from unscrupulous practices which reward health care providers for withholding standard patient care,the following is enacted: After December 31, 1997, Oregon health care professionals, SECTION 1. A health care provider shall not be directly or indi- facilities, contractors or employers not in compliance with this rectly compensated, except by an individual or family, for the measure would have their license to be in business or practice delivery of health care according to any standard other than one suspended until compliance is achieved. or more of the following: (A) Work Performed Committee Members: Appointed by: (B) An hourly wage Thomas W.Mann Chief Petitioners (C) Prearranged salary/benefits Gordon Miller Chief Petitioners (D) Bonuses based upon work performed Bruce Bishop Secretary of State (E) Reimbursement for expenses Pat McCormick Secretary of State SECTION 2.After December 31, 1997, any health care provider Don Scarborough Members of the Committee who has not complied with Section I of this act shall have their business and professional license suspended until compliance is achieved. (This committee was appointed to provide an impartial explanation of the SECTION 3. For the purposes of this Act, the following are ballot measure pursuant to ORS 251.215.) defined: (A) Health Care Provider (1) Any individual or entity, including health care pro- fessionals and employers/contractors of health care professionals, directly or indirectly involved in the delivery of health care, but excluding insurers. (2) A health care contractor,but excluding insurers. (B) Worked Performed (1) The delivery of health care for specifically diag- nosed/treated individual patient health care needs. 78 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN FAVOR ARGUMENT IN FAVOR HMOs have demonstrated that the services doctors provide Ballot Measure 35 is a simple measure: It bans the use of depends on financial incentives and the way they are paid! financial incentives in medicine,such as capitation,which reward providers for withholding care to their patients. As illustrated by PAYMENT OF PHYSICIANS by Capitation: TIME Magazine, the conflict of interest in these immoral incen- tives is apparent: The participating doctor is paid a set fee per month for every Evggl time a capitated doctor performs a service or admits a patient on the practice books whether or not he see or treats the patient to the hospital it cuts into his income If hg spends less patient or not. than the capitated rate he pockets the difference ' TIME Magazine 1/22/96 "RISK SHARING" Our opponents would like you to believe that this type of medi- A"Risk Pool"is created by withholding 20%of the doctor's pay- cine is the best thing for the patient. However, their political ments. This pool of money pays for x-rays, Lab work and refer- rhetoric does not stand up to the comments they have made to rals to specialists by the primary care physician. Money left over their colleagues. Former President of the Oregon Medical in this pool at the end of the year IS KEPT AS PROFIT BY THE Association Leigh Dolin is our chief opponent, and has publicly PARTICIPATING PHYSICIANS. Risk sharing acts as a disin- stated that patients no longer a part of the medical economy. cent!ve to doctors to refer patients,order test,seek second opin- ions or spend money,because money spent is profit lost. In other words, our opponents believe the individual patient no longer matters in the health care debate.That's why HMO bigwig FEE-FOR-SERVICE William Popek told Time Magazine (1/22/96), "...patients can't drive (the system anymore; patients can't decide `my ear hurts In contrast, Doctors are paid a set fee for the services they per- so I'm going to the doctor today.'" form according to a fee schedule. It provides an incentive for the doctor to render services and look after the patient's health care The reality is that money matters more to our opponents than needs.There are no financial incentives or penalties for refer- your individual health care needs. We believe you, the patient, ring patients to needed specialists,or ordering important tests. should be able to see your doctor when you have an earache,or any other ailment regardless of the corporate bottom line. In If you need a test or a specialist,would you be more likely to be truth, the patient should always drive the system, not perverse referred by a doctor who loses money by referring you, or one financial incentives aimed at limiting your access to health who can make the decision free from financial penalties? The care. answer is common sense! Ballot Measure 35 will ban financial incentives which reward Have you heard of patients being hurt and suing because their provider for skimping on your care. Don't let Wall Street cut you doctor gave them too much care? Of course not. But how many out of the process.VOTE YES ON 35. cases have you seen where a patient is hurt because of"negli- gence"and care withheld?Everyday! Read the Consumer Report August 1966, Page 28-It's a devas- tating indictment of a system.we depend on when helpless. (This information furnished by Gordon Miller,M.D.) I am voting for Ballot Measure 35 because it eliminates immoral financial disincentives from our health care system. Help me and help yourself. Vote Yes on 35. You will be sick one day, it hap- pens to us all! Dr Euan A.Horniman M.D.(Retired) (This information furnished by Dr.Euan A.Homiman M.D.(Retired).) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the ar ument. 79 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures. Measure No. 35 Measure No. 35 ARGUMENT IN FAVOR ARGUMENT IN FAVOR THIS COULD HAPPEN TO YOU UNLESS BALLOT MEASURE The California political consulting firm hired by our opponents 35 PASSES AND STOPS IMMORAL FINANCIAL INCENTIVES has told them to tell you Measure.35 is "ill-conceived" and TO WITHHOLD YOUR CARE! "Confusina"in an attempt to avoid the real issue:IS STANDARD MEDICAL CARE BEING DENIED?Let's check the record: ",.,Your doctor says you need an operation but HMO reviewers say you can't have It By the time the HMO authorizes the "There must be strong emphasis on preventative care rather surgery. it's too late Your nerve damage probably can't be than immediate repair. As many of these individuals demon- rev g5ed. That is the short story of what happened to Alice strate significant neglect,repair must be postponed." Thomas. 70. of Portland whose claw-like right hand can no ODS Memo regarding Oregon Health Plan patients longer coax classical music out of a piano." Oregon Health Forum,May 1996 The Oregonian 12/5/95 After Mrs.Thomas won a$1 million settlement "Other managed care plans especially newer ones are for prof- it, and as much as 30%of physicians'salaries may deoend "A Multnomah County jury on Tuesday awarded$400,000 to the on what treatment they,individually,do not provide." fgMily of a woman who died of a heart attack the morning she Jan Bellis-Squires, Communications Manager Kaiser was scheduled to seg a physician at Kaiser Permanente In Permanente 1993. (the woman) had twice been seen by a nurse for chest Associated Oregon Industries Viewpoint March/April 1996 pain but never examined by a physician..." "On Jan.5. PacifiCare was slapped with$20.000 in state fines "I think sometimes necessary care isn't being provided Efforts for improperly denying coverage of emergency room visits." to control costs resulted in (the woman) being seen'f a The Business Journal nMrse rather than a physician and that may very well have 1/12/86 made the difference in the treatment she was provide (according to Attorney Jeff Withol)." The Oregonian 5/1/96 "What's shifting is patients can't drive (system) anymore: After woman dies on third attempt to see doctor for chest patients can't decide 'My ear hurts so I'm going to the doctor pains today.'' William Popik Health Net All together Dr. Gaines and his partner denied Mrs China's Time Magazine,1/22196 request to see a specialist six times over the course of the fol- lowing IWL)and a half months As a result Mrs China's undiag "...at some level that's probably true." nosed (but highly treatable) cancer perforated her bowel and Dr. Matthew Shelley, President Health First, on perception spread leading to her death in April 1994." care is being withheld Newsweek,10/23/95 KPTV Northwest Report,5/5/96 "...She had breast cancer but her health maintenance or aniza "...it's true if you withhold services from patients money will be tion...refused her bone-marrow transplant even though the saved." HMO's contract covered the transplants." Dr.Patrick Dunn,Director Health Care Ethics Good Newsweek,10/23/95 Samaritan Hospital Death of Nelene Fox,and$89.1 million settlement Willamette Week,316/96 Ballot Measure 35 bans immoral financial incentives "QualMed of Oregon has agreed to pay L15,000 in fines) for to withhold your care. record keeping deficiencies and a pattern of refusing to cover If these incentives continue you may be next! emergency-room visits for members without a full investiaa tion in the validity of members'claims." GREED KILLS...VOTE YES ON BALLOT MEASURE 35 The Oregonian 8/25/96 Ballot Measure 35 will ban the financial incentives given to health (This information furnished by Dyanne Rodli.) care providers to withhold your care. Greed Kills! VOTE YES ON 35 for your health! (This information furnished by Eleanor J.Boese.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811 ii 1.) The printing of this argument does not constitute an endorse Fthe printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant t by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. ccuracy or truth of any statement made in the argument. 80 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Ballot Measure 35 bans practices used in medicine that reward The Sky is Falling! The Sky is Falling! At least that's what the health care providers for withholding necessary medical care opponents of Ballot Measure 35 would like to make you think. from you. Practices such as capitation (paying a provider a flat You see, Ballot Measure 35 bans their dirty practice of giving fee per month,and whatever is not spent on your care is kept as perverse financial incentives to withhold your medical care.They profit),and quota bonuses(paying bonuses for limiting access to want you to believe health care cost will rise dramatically if BM hospitals,tests,and specialists)will be illegal. 35 passes.They know this is not true,but their California politi- cal consulting firm has told them to "twist" this message to The California political consulting firm hired by our oppo- Oregonians in an attempt to scare you. nents, Oregonians for Quality Health Care, has told them to tell you our measure is "ill-conceived" and "Confusing." This is an HERE ARE THE FACTS: attempt to avoid the real issue: IS STANDARD MEDICAL CARE BEING DENIED?Let's check the record: According to the American Medical Association, if all of man- aged care was eliminated today, medical costs would rise "...As maw of these individuals demonstrate significant between zero and 3.9 percent. In fact, the AMA found, "no neglect repair must be postponed." evidence that maned care in any form has reduced the rate ODS memo regarding Oregon Health Plan patients of growth in national health expenditures." (AM News, 4/8/96 Oregon Health Forum,5/96 newspaper of the American Medical Association). as much as 30%of hysicians' salary may depend on what Then why would our opponents want you to believe costs will treatment they individually,do not provide." skyrocket should BM 35 pass? Because they know they make Jan Bellis-Squires, Communications Manager Kaiser more money by using financial incentives to withhold your care! Permanente That's why CEOs of managed care organizations make,"62 per- Associated Oregon Industries Viewpoint Mareh/April 1996 � cent more in pay and bonuses than heads of companies similar in size and performance." (Statesman Journal, 2/20/96) Top CEO salary and bonuses ranged between $2.68 million "On Jan.5, PacifiCare was slapped with $20,000 in state fines and $3.45 million!. This is money collected by denying women for improperly denying coverage of emergency room visits." breast cancer treatments, kicking new mothers out of the hospi- The Business Journal,1/12/96 tal only hours after giving birth, and keeping you from the specialist you need! And to protect their interest, these CEOs it's true if you withhold services from patients money will have implemented "Gag" orders keeping your doctor from even be saved." telling about these financial incentives! Dr. Patrick Dunn, Director Health Care Ethics Good Samaritan Hospital The truth is the sky is not falling. As the AMA clearly states, Willamette Week,3/6/96 there should be little to no impact whatsoever by eliminating perverse financial incentives from managed care...except you "I think sometimes necessary care isn't being provided Efforts may end up getting the health care you need! VOTE YES ON to control costs resulted in(patient)being seen by a nurse. BALLOT MEASURE 35 rather than physician and that may very well have made the difference in the treatment she was provided." Jeff Withol, Attorney who won $400,000 settlement from Kaiser in woman's death (This information furnished by Dan Estes.) The Oregonian,5/1/96 at some level that's probably true." Dr.Matt Shelley,President Health First,on perception that capitation means withholding care KPTV Northwest Reports,5/5/96 Ballot Measure 35 will ban the financial incentives given to health care providers to withhold your care. (This information furnished by Tom Mann.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 81 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN FAVOR ARGUMENT IN FAVOR What matters to you more,your health or the corporate bottom "...All together Dr. Gaines and his partner denied Mrs China's line of the conglomerate that controls your doctor? Unfortunately request to see a specialist six times As a result Mrs China's for you, the conglomerate has a different set of priorities than undiagnosed (but highly treatable) cancer perforated her bowel your health. and spread leading to her death in April 1994." Newsweek,10/23/95 And you don't think your doctor's being controlled?This is what Blue Cross executive Roger Lyman says,"If you want to stay an Access. It's the most important word in medicine. If you can't independent doctor in the future you are not long for this get access to the doctor you need when you need him, it could world...the incentive for specialists is simple: If you don't partici- be fatal. For Mrs. Ching, access to the specialist she needed pate in the program, you don't get our patients.' (The Scribe, was further complicated because her doctors were receiving 12195)The truth of the matter is that independent physicians are financial incentives where they would lose money if they being gobbled up right and left by corporate managers whose allowed her to see her specialist.This practice,known as capi- real concern is the bottom line. And it is some bottom line tation, is causing doctors to think twice before giving you a test, according to Willamette Week 3/6/96- sending you to the hospital, or allowing you to see a specialist because they lose money by allowing you access to these Blue Cross/HMO Oregon: $161 Million(total assets) standard medical procedures. (Not-for-profit In managed care, Primary Care Physicians are called "gate- KaiserPermanente: $198million keepers" because it is their job to restrict your access to the (Not-forprofit) procedures or specialist you may need because it cuts into their profit otherwise. If they let too many of you through, they get in PacifiCare of Oregon trouble with their peers,or health plan.That's why one managed g $65.1 million care executive said, "...patients can't decide 'My ear hurts so I'm going to go to the doctor today.'' William Popik, Time Providence Good Health Plan $105 million Magazine 1/22/96 (Not-for-profit) This practice prevalent in managed care has caused a back- PACC HMO $65.1 million lash in the public and the media because everyone knows that when you're sick,you have the absolute right to see a physician. These profits and reserves are partially due to the corporate And the physician has an absolute responsibility to diagnose and practice of establishing financial incentives which reward their treat your ailment. But as long as financial incentives force providers for skimping on your care. In many cases, the system provider to withhold care from you,the aforementioned executive works like this: the money not spent on your care is kept by the is correct...you can't go to the doctor! provider or corporation.That's why in many managed care orga- nizations non-medical corporate bean counters decide what Ballot Measure 35 bans these incentives. Ballot Measure 35 treatment you may and may not have, how much time you can gives you more control in gaining access to the care you need. spend in the hospital,and how many tests a doctor can adminis- Ballot Measure 35 will save lives.Vote YES on 35! ter in any given month. And you have little control over your medical destiny because it is more important to save money for the corporation,than provide you with the care you need. Ballot Measure 35 will change this by eliminating perverse (This information furnished by Dan Estes.) financial incentives which reward these corporations for skimping on your care. If you believe medical decisions should be made between you and your doctor without financial influences from corporate managers,Vote YES on 35. (This information furnished by Dan Estes.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 82 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Statements of medical ethics,the foundations that guide health AN OPEN LETTER TO BUSINESS LEADERS care providers,date back as far as the 5th Century B.C.Perhaps the best known ethics are held within the Hippocratic Oath, Dear Friends: which states that a health care provider will do all he can for his patient, and shall never do harm. After 2 1/2 millennia of this Every business person knows that short-term gains can easily traditional ethic that endorses a covenant relationship between the provider and patient, managed care organizations have turn into long-term pains. If you've purchased a capitated health come along and perverted these ethics. By introducing immoral plan for your employees,you may learn this difficult lesson financial incentives which reward providers for withholding your medical care, managed care has turned your advocate provider While the cost of health care was rising at alarming rates,man- into a pawn of the insurance company. Your provider no longer aged care organizations saw an opening to provide basic care at can look out for your interests because he must make a profit for a much reduced rate.These organizations implemented financial his plan on the backs of his patients. incentives to hold down utilization of services,and passed some of the savings along to employers by lowering their premiums. In this day of managed care, the traditional ethic has been replaced by a"Veterinary Ethic"which implies,"I will do for you But as the saying goes, There's No Such Thing as a Free whatever your master or owner is willing to pay for."In other Lunch.Now it's time to pay for these cut-rate plans. words, if your health care is deemed too expensive by the bean counters of your health plan, chances are they will not pay for it In the latest salvo to hit the managed care industry,experts told and you will go without. This is a far cry from doing all you can a recent insurance convention in Toronto that employers may be for your patient! the next target of legal liability for limiting medical choices avail- able to patients through the plans they purchase and offer. Ballot Measure 35 keeps medicine in the traditional medical ethic by banning these perverse financial incentives.Your health °° the same legal theories used against HMO's and hospitals-- care provider once again will work on your behalf, not for the ostensible aclengy and negligent atg_ekeeping--could be applied insurance company and its Wall Street investors. By passing to employers." Marilyn Nevin, a vice president with insurance Measure 35,you will guarantee that you have someone advocat- broker Marsh&McLennan of New York,told the annual Risk and ing your health,not advocating the corporate bottom line. Insurance Management Society conference held in late April. (Knight-Ridder,4/22/96 from Internet.) Don't support immoral financial incentives that withhold medical care from people in need. 'The most popular form of managed-care glans--health mainte- Vote YES on 35. nance organizations--has lost several key court battles W disgruntled Patients who claimed the HMO's push doctors to skimp on care."(Knight-Ridder,4/22/96)The article also noted that the federal ERISA law may not protect employers. "Some (This information furnished by Gordon Miller,M.D.) employers mistakenly believe they are shielded from prosecu- tion in state courts if their company health plans meet the requirements of federal ERISA law (Employee Retirement and Income Security Act of 1974)."(Knight Ridder,4/22/96) Thus, if one of your employees is injured due to withholding of medical care, YOU MAY BE LIABLE! Help us stop these finan- cial incentives to withhold care; protect your employees and business.VOTE YES ON 35! (This information furnished by Gordon Miller,M.D.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 83 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN FAVOR ARGUMENT IN FAVOR "Physicians Health Services, Inc. is bucking a national trend by Bal;ot Measure 35 bans the use of immoral financial incentives dropping a controversial doctor payment system that many in medicine which reward health care providers for withholding physicians and some patients say compromises medical care. your medical care. So who supports this ban, and as important, who opposes you getting the care you need? "The Trumbull-based HMO (Connecticut) ended 'capitation,' the practice of paying doctors a set amount of money per mem- SUPPORTERS ber per month to provide necessary care....`We get rid of some of the political minefields here and we don't lose any money Oregon Podiatric Medical Association doing it.'said Michael E. Herbert, president and chief executive Chiropractic Association of Oregon officer...'We're doing it because the old way seemed to work National Organization of Physicians Who Care just as well.' Congress of California Dermatological Societies "Ending capitation is outstanding because `it provided a disin- The Health Care Rescue Network National Alliance centive for a doctor to do what we consider good medical rac- OPPONENTS Ile.,' said Dr. Anthony Alessi, a Norwich neurologist...'Indivi u I capitation of a Physician is ethically wrong. The Hartford Courant Oregon Association of Hospitals 5/22196 Oregon Blue Cross and Blue Shield Kaiser Permanente PacifiCare If one managed care organization can live without immoral Providence Good Health Plan financial incentives, they all can. Don't allow Oregon's medical Associated Oregon Industries system continue down the slippery slope of financial incentives Oregon Medical Association to withhold your care. American Association of Health Plans American Medical Practice Association GREED KILLS. VOTE YES ON BALLOT MEASURE 35 It's clear to see that the supporters of Measure 35 are patient advocates, while the opponents represent corporate interests whose goal is to make more money for their Wall Street cronies. ' Don't let them pad,their pockets by denying you needed care. (This information furnished by Tom Mann.) VOTE YES ON 351 (This information furnished by Gordon Miller,M.D.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing"of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 84 CONTINUED o Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN FAVOR ARGUMENT IN FAVOR If It look like it,and it smells like it,it probably is! MANAGED CARE'S DIRTY LITTLE SECRET: PROVIDERS RECEIVE FINANCIAL INCENTIVES TO This particular accusation made by our opponents sure looks WITHHOLD YOUR CARE like it. And it stinks! You see, they're trying to convince you the Oregon Health Plan and Kaiser Permanents will go away if you BALLOT MEASURE 35 BANS THESE IMMORAL INCENTIVES vote for Measure 35.This is a bold face lie! AND IS SUPPORTED BY THE MAJORITY OF OREGONIANSI . Ballot Measure 35 bans the current practice of managed care "The Survey. published in March found that 63 percent of the organizations to offer financial incentives to health care providers doctors thought cost-cutting efforts in HMOs had an `adverse where they actually make more money by providing you less effect on the quality of patient care.'" care. Our opponents tacitly admit care is being withheld from The Oregonian,11/27/95 patient in order to save money by fighting our effort to ban these Oregon Medical Association physician survey perverse incentives. "Working Americans surveyed in Boston Los Angeles and Now,the Oregon Health Plan has put our most vulnerable citi- Miami report greater dissatisfaction with managed health zens in these same managed care programs. They claim these care than with traditional fee for service insurance and the dis- financial incentive arrangements are vital in providing service to satisfaction is more than twice as great among.those whose the poorest Oregonians. What they don't tell you is managed only choice in health insurance was managed care." care will exist just fine without these incentives...the same way The Commonwealth Fund Survey,7/19/95 they did before these incentives were created! "I think sometimes necessary care isn't being provided Efforts "It wouldn't mean the end of Kaiser..." to control costs resulted!n(patient)being seen by a nurse Bruce Bishop of Kaiser rather than a physician and that may very well have made the Medical Economics,6/29/96 difference in the treatment she was provided" Jeff Withol,Attorney who won$400,000 settlement in That's because no managed care organizations actually needs woman's death financial incentives such as capitation, they only use them to The Oregonian,5/1/96 make more money. The reason many HMOs would prefer their physicians to keep "Capitation is not the issue." lief can be summed up in a single word:Capitation." Dr.Fred Black,Founder/Past President Douglas County IPA Willamette Week,3/6196 Medical Economics,6/29/96 Why Doctors have Gag Orders against revealing financial "To Black and his colleagues capitation is one way to accom- incentives in Managed Care plish that but not the only way. "The yCeY you make money in managed care is not by keeping Ballot Measure 35 does not change managed care. It does Maple healthy. That's baloney It's by not having people use not eliminate peer review, utilization boards, primary care physi- the services." cians,discount drugs,or any of the other methods these organi- Local Physician zations use. Measure 35 simply protects the public from Willamette Week 316/96 immoral financial incentives. "There are some doctors who say (capitation) doesn't affect I support the Oregon Health Plan,and managed care so long as them But they're liars." perverse financial incentives are eliminated from health care A local Primary Care Physician on financial incentives to decisions.Don't be scared to do the right thing. withhold care VOTE YES ON 35 Willamette Week 316/96 it's true if you withhold services from patients money will be saved." (This information fumished by Tom Mann.) Dr.Patrick Dunn,Director Health Care Ethics Good Samaritan Hospital Willamette Week,3/6/96 (This information furnished by Tom Mann.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does=not ns=stat ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, ns tthe accuracy or truth of any statement made in the ar ument. the accuracy or truth of any statemde 85 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION You may not know it, but your health care provider may be MEASURE 35 WOULD HARM THE QUALITY OF HEALTH receiving financial incentives TO WITHHOLD STANDARD MED- CARE AND INCREASE YOUR COSTS FOR HEALTH CARE ICAL CARE FROM YOU!It's happening around the country,and it's happening right here in Oregon! Ballot Measure 35 strictly Measure 35 will turn back the clock.on health care in Oregon. bans their medically unethical payment practice, and helps to protect every Oregonian from having necessary care withheld from them. Measure 35 puts restrictions on how doctors and other health care providers may be paid. Ballot Measure 35 confronts two specific practices: Capitation and bonuses based upon meeting medical quotas. Capitation is State regulators could take away a doctor's license to practice or the practice of giving a health care provider a flat fee per person a hospital's business license -- not based on the quality of the per month regardless of whether any person actually sees the care they provide,but on the terms of contracts they signed. provider.This sum of money is used to pay for patient care AND WHATEVER IS NOT SPENT ON YOUR HEALTH IS KEPT AS Measure 35 would outlaw prepaid health care. Such arrange- PROFIT! That's like giving your neighbor$100 to buy your gro- ments are important.The plans emphasize preventive care,early ceries for the month,and whatever he doesn't spend, he keeps! identification and treatment of illnesses,and aggressive manage- Chances are good you'll be eating a lot of liver and beans! ment of chronic health conditions. The second practice is when providers receive bonuses for meeting certain quotas. In a well known case on the East coast, That kind of care reduces costs and improves health. if a provider used less than 180 hospital bed days for his group of patients, he received a $25,000 bonus. Maybe that's why new mothers are being kicked out of the hospital in a day or Many Medicare-eligible Oregonians have chosen these plans for least their care. The Oregon Health Plan, which expanded medical coverage for very low income Oregonians,also relies on prepay- So damaging are these payment practices that the national ment contracts. media has begun to expose the wrongs committed under this system. 60 Minutes, Time Magazine,Newsweek Magazine,ABC The Oregon Health Plan News Dateline, the LA Times, the New York Times, and others Could be Lost. all have attacked these practices for good reason: PATIENTS ARE BEING MAIMED AND KILLED Now it's happening here in Oregonians will lose those choices if Measure 35 passes.Health Oregon,and we have to stop it before it affects your family! insurance costs will increase, resulting in reduced employee benefits or the risk of job cuts. For taxpayers, Measure 35 will Your YES vote on Ballot Measure 35 will ensure every cost us $44 million more next year to provide health insurance Oregonian is protected and receives all the health care he or she for government workers; plus $35 million to the cost of the is entitled to.VOTE YES ON 35! Oregon Health Plan. Measure 35 could raise your costs, reduce health care choices for consumers, (This information furnished by Dan Estes.) and increase the number of Oregonians who cannot afford health care That's why the board of Oregon's largest employer group involved in public policy voted unanimously to oppose Measure 35.And that's why... Associated Oregon Industries urges you to vote NO on Measure 35. (This information furnished by Richard M. Butrick, Associated Oregon Industries.) a (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 86 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION MEASURE 35:BAD MEDICINE FOR OREGON NURSES PUT PATIENTS'NEEDS FIRST. BALLOT MEASURE 35 DOES NOT • Measure 35 would increase consumers'health care costs up to $313 million. (Source: Estimate prepared by indepen- The Oregon Nurses Association represents 9,000 nurses who dent actuaries) care for patients in urban and rural clinics, hospitals and nursing homes throughout the state. We work closely with physicians • Measure 35 would limit consumers'choices of health care and other health care professionals to make sure that our plans that best serve their needs. patients, whether they're children or elderly, receive the quality and compassionate care they deserve. • Measure 35 would increase costs for families enrolled in The Ot p has serious reservations about Measure 3l We HMOs -- nearly half of all Oregonians -- by an estimated believe it poses severe threat to the Oregon Health Plan, a $286.35 for every family member every year. (Source: Estimate prepared by independent actuaries) system that provi des health care to people who can't afford health insurance, the poor and the disabled. Measure 35 would eliminate the foundation of the Oregon Health Plan,the effective • Measure 35 would cost taxpayers$79 million in state and and increasingly common method of paying doctors and other local government costs to pay for the Oregon Health Plan and health care professionals. required government employee benefits--taking away money from important services like education and fighting crime. Further,we believe that when this payment method works as it (Source:State of Oregon Fiscal Impact Committee) should, patients get the care they need, in the right setting, by the most appropriate provider. The incentives for this payment A broad-based coalition of thousands of Oregonians, small and method are prevention, early identification and treatment of large employers, consumers and seniors join the following illnesses, and aggressive management of chronic health condi- organizations in urging you to... tions. While abuses can occur under any system, the tempta- tions under Ballot Measure 35 are to do too much, a far greater VOTE NO ON MEASURE 35 danger. Specialty physicians would be assured a steady stream Oregon Nurses Association of patients under Measure 35 for health conditions a primary Associated Oregon Industries provider can appropriately manage. Academy of Family Physicians Associated Builders and Contractors Measure 35 is a measure we can't afford. Association of Health Underwriters Association of Oregon Counties JOIN OREGON NURSES AND VOTE NO ON MEASURE 35. Local health plans and insurers throughout Oregon Oregon Self-Insurers Association Oregon RurahHealth Association Local Chambers of Commerce across the state United Grocers (This information furnished by Susan King RN, MS, Oregon Nurses Human Services Coalition of Oregon Association.) Oregon Medical Association (partial list) VOTE NO ON MEASURE 35 (This information furnished by E.E. Patterson, Oregonians for Quality Health Care.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument 87 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Ballot Measure 35 is a bad idea. It would totally undermine the HELP PRESERVE YOUR CHOICE OF HEALTH PLANS. Oregon Health Plan by eliminating cost-effective capitation payment to providers. It would limit consumer choice of health VOTE NO ON MEASURE 35. plans by returning to the day of indemnity insurance as the major source of coverage. And it would significantly increase health- care costs to businesses, consumers and taxpayers by eliminat- As a physician and former president of the Oregon Medical ing Oregon's evolving managed care delivery system. Association, I have spent a large part of my career exploring ways to improve the quality and availability of health care. I am A large part of health insurance in Oregon is currently provided opposed to Ballot Measure 35 because it would threaten the quality and choices of health care service available to through managed care arrangements on a prepaid basis: HMOs, Oregonians. Medicare and the Oregon Health Plan all rely on contracts with providers to treat patients for a fixed,prepaid cost. Many health plans in Oregon achieve the highest quality of health care by not only treating patients when they get sick, but If Measure 35 passes,our low-cost,quality-focused delivery also working to help keep people healthy. Hundreds of thou- system would cease to exist. The Oregon Health Plan no sands of Oregonians have chosen to receive this type of com- longer would be able to provide health insurance to more than prehensive health care coverage through plans that rely on pre- 130,000 working men, women and their children who now have payment compensation arrangements. Ballot Measure 35 would access to good healthcare through the prepaid, managed care take that choice away because consumers could no longer plans. Measure 35 would also increase taxpayer costs by choose the type of health plan they want. $79 million for state and local government insurance costs in the first year alone. And Oregon businesses would face an estimated$250 to$400 million in higher healthcare costs. Dr.Leigh Dolin,MD Past President,Oregon Medical Association Do we really want to return the state to the days of health- care costs spiraling out of control? Are businesses and workers ready to step up with checkbooks in hand and cover the cost shifting that occurs under the old system of (This information furnished by Dr.Leigh Dolin,MD.) delivering healthcare? Are consumers ready to give up the ability to choose from a large selection of health insurance plans? Measure 35 would eliminate prepaid healthcare plans that pay doctors a fixed fee to provide medical care to patients -- care focused on quality, prevention, wellness and cost controls. Protect your right to choose. Protect the Oregon Health Plan. Vote NO on Measure 35. Ken Rutledge,President Oregon Association of Hospitals and Health Systems (This information furnished by Ken Rutledge, Oregon Association of Hospitals and Health Systems.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor,does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 88 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 35 Measure No. 35 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION OREGON'S RURAL HEALTH PROFESSIONALS YOUR DOCTOR'S LICENSE IS ON THE LINE OPPOSE MEASURE 35. MEASURE 35 dictates how health care providers may or may Measure 35 is bad for the health of rural Oregonians. It would not be paid for services. place an unfair hardship on Oregon citizens who live outside the state's urban areas - working families already burdened with MEASURE 35 would make it ILLEGAL for doctors to be paid by fewer choices and higher costs for their medical care. "capitation"(by exclusion)and subject them to possible LOSS of THEIR LICENSE. Measure 35 would take Oregon back to the days when health care costs were too high for many rural citizens to afford. At the "Capitation" means prepayment for health care. A physician or same time, quality of care would suffer. Much of the preventive group of physicians are paid a predetermined amount per month medicine covered by health insurance now, such as immuniza- for a patient's health care. tions for young children and mammography screening for women would be just too expensive to include in regular health benefits. To outlaw "capitation" as opposed to salary, fee-for-service, reimbursement for time and material or other methods of pay- Measure 35 would increase health insurance costs for families ment makes no sense. by up to$500 per year,causing many to lose benefits or putting health insurance coverage entirely out of reach.Those employed by small businesses,the backbone of rural Oregon communities, Physicians and other providers should be judged on the basis of would be hurt most. Many small businesses simply could not their professional skills and conduct, not on how they part their absorb the higher health insurance costs created by Measure 35. hair,what church they go to or how they are paid. The number of Oregonians LET'S USE OUR COMMON SENSE! without health insurance coverage will increase if Measure 35 passes. VOTE NO ON MEASURE 35 Measure 35 would unfairly swell the rolls of the uninsured and Submitted by the Oregon Medical Association place the Oregon Health Plan in jeopardy,while at the same time increasing the cost of employer-sponsored health insurance. County and local governments, such as cities and school dis- tricts, would be forced to pay higher premiums for their employ- (This information furnished by Frank J.Baumeister,M.D.,Oregon Medical ees' health insurance ($22 million in the first year, according to Association.) state estimates). in rural communities that money would come directly out of the pockets of local taxpayers. It's time for Oregonians to unite for the good of the hard-working people that live here and pay taxes. The members of the Oregon Rural Health Care Association urge you to vote NO on Measure 35. (This information furnished by C. Hayne, Oregon Rural Health Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the a gument. 89 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 Proposed by initiative petition to be voted on at the General employment,to increase the purchasing power of low-income cit- Election,November 5, 1996. izens,and thereby expand the tax base,Oregon law is revised to create a more livable minimum wage,as follows: BALLOT TITLE SECTION 1.ORS 653.025 is amended to read: 653.025. Except as provided by ORS 652.020 and the rules of the Commissioner of the Bureau of Labor issued under ORS �fffJ� Q2 653.030 and 653.261, for each hour of work time that the employee is gainfully employed, no employer shall employ or g � �` y$ agree to employ any employee at wages computed at a rate lower than: �� 1 For the period of September 1, 1989 to December 31, 1989, $3.85. ate' �0 (2)For calendar year 1990,$4.25 g � $ (3)For calendar years after December 31, 1990,$4.75.] y (1)For calendar year 1997,$5.50. g3 (2)For calendar year 1998,$6.00. � y �� (3)For calendar years after December 31,1998,$6.50. �� lt d8r � If any part of this statute is held to be unconstitutional ww under the federal or state constitution, the remaining parts v shall not be affected, and shall remain in full force and g x . x$� .das ` �s sr "$ ^� a g effect. ' � P", NOTE: Boldfaced type indicates new language; [brackets and ate italic]type indicates deletions or comments. i _ ffi 1 *01 11 ' � g EXPLANATORY STATEMENT � , This measure would increase the minimum hourly wage in f y �pk+l� three steps from the present level of $4.75. For calendar year g Y 1997, the wage would be $5.50. For calendar year 1998, the g wage would be$6.00. For calendar year 1999 and the years fol- � M t r � lowing,the wage would be$6.50. t� de� ur� The measure also includes a savings provision to preserve the � effect of other parts of the measure if any portion is found to be in violation of the state or federal constitution. g Committee Members: Appointed b Representative Avel Gordly Chief Petitioners Ellen Lowe Chief Petitioners 1996 OREGON MINIMUM WAGE AND Julie Brandis Secretary of State ECONOMIC INDEPENDENCE ACT Mike McCallum Secretary of State Jeff Hannum Members of the Committee Preamble: WHEREAS, ORS 653.015 states the policy of the State of Oregon is to establish minimum wage standards for (This committee was appointed to provide an impartial explanation of the workers at levels consistent with their health,efficiency and gen- ballot measure pursuant to ORS 251.215.) eral well-being,and WHEREAS, Oregon is no longer meeting these standards with the current minimum wage of $4.75 an hour- or approximately $800 a month for a full-time year-around worker,and WHEREAS, adjusted for inflation, the purchasing power of the minimum wage has fallen by 70 cents an hour since its last increase in 1991, THEREFORE THE PEOPLE FIND,that to meet the policy objec- tives set forth in ORS 653.015, and to increase economic inde- pendence,to reduce the need for public benefits,to enable fami- lies to raise their children in dignity, to increase meaningful 90 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Minimum Wage Index I AM A TYPICAL MINIMUM WAGE WORKER Number of Oregonians living below federal poverty line:344,867 Female... age 46...with a 15-year old daughter. Over the years, Number of Oregonians over age 55 living in poverty:57,468 as I have worked for minimum wage or slightly more, my daugh- ter and I have struggled to survive every single month. I want to Number of Oregonians under age 18 living in poverty: 11,629 share with you what that's like. Number of Oregonians paid hourly working for less than $6.00 per hour: 194,200 Imagine half your take home pay or more going to rent Percentage of minimum wage earners who are women:62% every month... unable to own a car because insurance and car payments just aren't in the budget...wondering how we're going Wages earned by minimum wage worker in one 40 hour week, to afford utility bills in the winter. before taxes:$190 Wages earned by same in one month before taxes:$826 Imagine having no health care coverage... hoping every day Percentages of minimum wage earners who are I don't get sick. sole bread winners in their family:36% Number of Oregon workers who will et raises before Imagine telling your child No... time and time again.... that 9 9 we just can't afford new clothes or a trip to the movies. Oct 1, 1997 under new federal law:0 Clients served by the Northeast Emergency Food Bank Imagine the fear of knowing your child starts college in last month who were children:52% three years... wondering how we'll afford tuition, room and Percentage of minimum wage workers who are board. at least 20 years old:69% What minimum wage would be if it kept pace with Imagine wondering every day whether you have done inflation since 1976:$6.36 per hour justice to your child and her future. Decrease in buying power since minimum wage last increased in THERE ARE THOUSANDS OF OREGON WORKERS Oregon in 1991:-15% JUST LIKE ME. Decrease in buying power for minimum wage workers Going to work filled with despair...knowing the dollars we make from 1976 to 1996:-28% today are already spent on next month's bills. Average monthly food bill for family of three in Oregon:$300 Average monthly cost of child care for two children:$400 It doesn't make sense to force a hard-working Oregonian onto public assistance because they can't afford to live on minimum Average monthly utility bills for family of three in Oregon:$75 wage. Average monthly rent for 2-bedroom apartment in Oregon:$577 Average annual income for minimum wage worker:$9880 Why make taxpayers subsidize us when all we want is to be able to afford to pay our own way. Federal poverty level for family of two:$10,360 For a family of three: $12,980 I'M WORKING MY WAY UP For a family of four: $15,600 1 now make $5.20 an hour... attend college full time... and share a house to make ends meet. I can't afford a car on my Rank of Portland on list of least affordable cities:5 own. The dream of home ownership is a myth. Raising the Rank of Salem in same list: 12 minimum wage will give my daughter and me a fighting chance at economic independence...and hope for the future. Hourly wage earned by Oregon's TOP CEO:$3317 per hour Number of hours a minimum wage worker would have to work TO THOSE WHO OPPOSE MEASURE 36 to make$3317:698 hours Why force us to live on starvation wages? Percentage of Oregonians who support Ballot Measure 36 Why force Oregon taxpayers to pay our bills? in 1996 Oregon Monitor Poll:68.4% Why destroy our self-esteem? Give Oregon workers a chance. VOTE YES ON MEASURE 361 Susan Kirkpatrick,Veneta (This information furnished by Geoff Sugerman,Raise the Minimum Wage Coalition.) (This information furnished by Susan Kirkpatrick.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 91 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN FAVOR ARGUMENT IN FAVOR THE OREGON STATE COUNCIL OF SENIOR CITIZENS MANY BUSINESS OWNERS SUPPORT MEASURE 36 SUPPORTS RAISING THE MINIMUM WAGE As small business owners we support raising the minimum wage Every parent wants a better life for their children and grandchil- because we value our communities, our businesses and our dren. As senior citizens, we support raising Oregon's minimum workers. Increasing wages for our workers is a strong benefit to wage. our business and our local communities. Too many of our children and grandchildren are mired in poverty HIGHER WAGES LEAD TO LOWER TURNOVER, at today's minimum wage. They are forced to live on public BETTER SERVICE AND INCREASED PRODUCTIVITY assistance, even when they work forty'or more hours a week. That's not right for Oregon or for Oregon's hard-working families. When wages increase, our workers stay longer and become That's not right for our children and grandchildren. more valuable to our business. This lowers training costs... increases our service to customers...and leads to more produc- MORE OF AMERICA'S SENIORS LIVE IN POVERTY tive workers. THAN ANY OTHER INDUSTRIALIZED NATION. 57,468 Oregonians over age 55 live in poverty today INCREASED WAGES HELPS LOCAL COMMUNITIES AND INCREASE PROFITS Many of Oregon's senior citizens still must work...or rely on their Higher wages lead to more income for local residents.... and family for support. Many of them are forced to work at an artifi- when workers in our communities make more money, they cially-low minimum wage. With increasing rents.... higher food spend it in our communities. prices.... and ever-increasing medical costs, their buying power continues to decline and they are forced to live in poverty. RAISING WAGES WILL NOT COST JOBS OR RAISE PRICES Voting yes on Measure 36 will give thousands of seniors addi- Since the minimum wage was last increased in 1991, we have tional income to survive, helping many live without being forced seen job growth and lower unemployment in Oregon.Our econo- to use public assistance. my is healthy... business owners should be willing to share their profits with workers. A LOW MINIMUM WAGE FORCES WORKERS ONTO PUBLIC ASSISTANCE A modest rise in the minimum wage has never caused inflation or loss of jobs.A rise in the minimum wage reduces poverty and • The present minimum wage no longer represents a subsis- gives workers greater opportunities to contribute to their tence standard of living for a worker,much less a family. communities. LOYALTY • The increased cost of living leaves families below the federal poverty level and increases the burden on taxpayers to pay for That's what Measure 36 comes down to.We believe our workers public assistance. are valuable...We believe they help increase our business when they are well-paid and respected... We believe they deserve to • No employer should expect taxpayers to subsidize payroll to share in the record profits and growth Oregon is enjoying in the bring employees up to a minimum standard of living. 1990s. TREAT OREGON'S WORKERS WITH In the 1970s, when Oregon's minimum wage was highest when DIGNITY AND RESPECT. adjusted for inflation, we enjoyed tremendous growth and pros- JOIN THE OREGON STATE COUNCIL OF SENIOR CITIZENS perity as a state. Raising the minimum wage will continue our IN VOTING TO RAISE OREGON'S MINIMUM WAGE. positive economic growth and lead to a better Oregon for all of us. PLEASE VOTE YES ON MEASURE 36 Off-Center Cafe,Capitol News Center,J.Michael's Books, (This information furnished by Douglas G. Ellis, Oregon State Council of Eugene Emge,CPA,Pro-Custom AutoBody, Senior Citizens.) Oregon Roads,Inc.,Oasis Fine Foods,Heliotrope Natural Foods,Greater Good,Inc.,Emerald Valley Kitchen, Life Source Natural Foods,The Bike Peddler, Sandpiper Import Service,Mother Kallis Books,Cobblestones (This information furnished by Duke Shepard, Raise the Minimum Wage Coalition.) (This space purchased for$500 in.accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 92 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN FAVOR ARGUMENT IN FAVOR WORKERS WHO CARE FOR OUR NEEDIEST CITIZENS Ecumenical Ministries of Oregon Supports Measure 36 SHOULD BE PAID ENOUGH TO SUPPORT THEIR OWN FAMILIES Measure 36 Raises the Oregon Minimum Wage From child care to elder care, Oregon's human service workers Honors Work Honors Workers provide some of our most critical and personal services. But many of these same workers can barely meet the needs of their Reflect for a moment on the people who provide for our most own families because they work for a minimum wage that basic needs through our entire lifetime-the services and goods buys 20%less than it did five years ago. for those we value the most, our children, our sick and our elderly- and then ask yourself if the economic remuneration is OREGON'S HUMAN SERVICE WORKERS commensurate with the contribution of those tasks to society. DESERVE BETTER Your response should lead you to conclude that raising the Oregon minimum wage is an important first step on the path to These workers, and thousands of other minimum wage workers economic justice. in Oregon, should be paid enough for full time employment to provide for themselves and their families. Measure 36 Raises the Oregon Minimum Wage A minimum wage of $4.75 per hour amounts to only $826 per Produces Promise Promotes Fairness month for a full time worker.At this rate,many workers who care for our neediest citizens are themselves needy enough to qualify Raising the minimum wage is the right thing to do. It is an act of for food stamps and public assistance. morality with promise and justice as its products. Rather than subjugating many care givers to a life of poverty, the proposed THAT'S WHY WE NEED MEASURE 36 increase to $5.50, $6.00 and $6.50 over three years will permit these workers to be customers in the marketplace. Measure 36 will decrease their need for public subsidies. It begins the task of Measure 36 will put these workers back on their feet financially demonstrating respect for honorable work. with reasonable increases in the minimum wage over a three year period. Measure 36 Raises the Minimum Wage By so doing, Measure 36 will keep experienced workers on the Does Justice Loves Kindness job and promote high-quality care in our nursing homes and other human service programs. Most current political choices are not addressed directly in the KEEP WORKING FAMILIES OUT OF POVERTY Bible.But we are extended perspectives and principles that have a clear relevance to contemporary concerns.When the prophets spoke of freedom, they addressed freedom from economic Let's be fair to the hard-working Oregonians who care for our oppression. From Micah we hear,"What does the Lord require of neediest citizens -- and to all Oregonians who work for the you but to do justice, and to love kindness. and to walk humbly minimum wage. with your God?"Doing justice still means defending the cause of the poor and needy.Jeremiah wrote"Woe to him ...who makes Measure 36 will provide the raise our lowes'-paid workers need his neighbor serve him for nothing, and does not give him his now and help keep working families cut of poverty in the years `^/ages."There is a moral imperative to fairly compensate those ahead. who serve us.Measure 36 provides an opportunity to collectively vote for economic justice. PLEASrE VOTE YES ON MEASURE 36 Vote Yes For Measure 36 Karla Spence,social worker Ellen Lowe,co-chair The Oregon Minimum Wage and Economic Independence Act Oregon Public Employees Union Human Services Coalition of Oregon (This information furnished by Ellen C. Lowe, Ecumenical Ministries of Oregon.) (This information f&nished by Ellen C. Lowe, Human Services Coalition and Karla Spence,Oregon Public Employees Union.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 93 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN FAVOR ARGUMENT IN FAVOR In 1913.Oregon became the first state in the nation to enact RAISING THE MINIMUM WAGE WILL STRENGTHEN minimum wage legislation to protect low-paid workers from OREGON'S ECONOMY unscrupulous employers. We are economists, concerned about the erosion of living The Oregon Labor Movement strongly advocated for an standards of low wage workers. We are convinced that raising establishment of this hallmark Minimum Wage Law,because the minimum wage will not only help these workers and their we believe that all workers deserve to be paid a just wage families but also strengthen Oregon's economy. for a hard day's work. For the past Five Years Oregon's Minimum Wage Has Organized labor remains committed to preserving the integrity of Exceeded the Federal Minimum, and Our Economy Has Oregon's pioneering Minimum Wage Law--and that is why we Out-Paced the Nation in Growth and Job Creation. are backing Ballot Measure 36. MEASURE 36 RESTORES THE BUYING POWER OF THE Because the Minimum Wage has not kept up with inflation, MINIMUM WAGE thousands of working families have to rely on public assistance--just to survive. The U.S. economy had its most robust and sustained growth . in the 1960s and early 1970s when the minimum wage was at • Since the last increase in 1991, the purchasing power of the its highest, nearly $7.00 an hour (in today's dollars). This minimum wage has dropped by over 70 cents an hour. ballot measure authorizes a modest rise, leaving the minimum • Oregon's current minimum wage of$4.75 an hour provides an wage still slightly below its historic buying power. This income of just $826 a month, $9880 a year, for a full-time restoration of the value of the minimum wage is long overdue. worker. At this wage a family of four falls over $5000 below • A higher minimum wage greatly helps poor families and the federal poverty guidelines Used to Determine Need for reduces poverty. Public Assistance. • Some people claim that a higher minimum wage hurts low • NO GOVERNMENT PROGRAM... NO LAW WE ENACT... income workers by reducing jobs. But recent studies of CAN DO MORE TO REDUCE THE NUMBERS OF California, New Jersey, and Texas demonstrated that when OREGONIANS RECEIVING PUBLIC ASSISTANCE THAN their minimum wages rose, so did entry level jobs. RAISING THE MINIMUM WAGE. Recognizing that a modest rise in the minimum wage has min- imal and sometimes positive effects on employment, 101 Yet corporations continue to pay an artificially-low minimum economists (including three Nobel prize winners and seven wage -- and taxpayers are footing the bill for increased public past Presidents of the American Economics Association) assistance costs. signed an open letter advocating raising the minimum wage. IT'S TIME FOR CORPORATIONS TO SHARE THE WEALTH WE VALUE OUR FAMILIES AND OUR NEIGHBORHOODS WITH WORKERS WHO MAKE THE PROFITS POSSIBLE. VOTE YES ON MEASURE 36. By increasing the minimum wage, we can create a healthier Oregon AFL-CIO Oregon economy. We can improve our neighborhoods and the Oregon Public Employees Union lives of thousands of Oregon families. Oregon Education Association WE URGE YOU TO VOTE YES ON MEASURE 36 Oregon Federation of Teachers,Educators and Health Care Prof.Steven Deutsch Professionals Prof.Todd Easton American Federation of State County and Municipal Employees Prof.Kevin Furey Oregon School Employees Association Prof.Eban Goodstein, Pineros y Campesinos Unidos Del Noroeste(PCUN) Prof.James Grant Oregon State Industrial Union Council Prof.John Hall Communication Workers of America Local 7901 Prof.Martin Hart-Landsberg Amalgamated Transit Workers Local 757 Prof.Mary King Jobs With Justice Prof.Harold Vatter Columbia-Pacific Building Trades Council Prof.John Walker Hotel and Restaurant Employees Local 9 Prof.Cathleen Whiting United Steelworkers of America Local 8379 Prof.John Wish Prof.Helen Youngelson-Neal (This information furnished by Amy Klare, Raise the Minimum Wage Coalition.) (This information furnished by Martin Hart-Landsberg,Raise the Minimum Wage Coalition.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 94 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION CONSERVATIONISTS FOR INCREASING THE MINIMUM WHILE WE'RE AT IT,WHY NOT VOTE TO MAKE n=3? WAGE The ratio of circumference of a circle to diameter,called rz(pi),is As professional, volunteer and citizen conservationists working approximately 3.1416. It is a constant of nature, and appears in to improve the quality of life in our neighborhoods and equations used by engineers. Have you heard the story about throughout Oregon,we understand the importance of ensuring a the Texas legislator who was so annoyed r<was "inconvenient" high quality of life -- including a living wage -- for all Oregon that he introduced a bill to make it equal to exactly 3? If that bill residents. had passed, and the state enforced it, the result would have been the designing of unsafe buildings by engineers—an We urge your support of Measure 36 because raising the unintended consequence. minimum wage: • Helps reduce poverty which destroys neighborhoods and Economics, too, is based on laws of nature. When government leads to increased and unstable communities. interferes with economic laws, there are also unintended • Is an investment in people. It will help sustain housing and job consequences. opportunities, combat sprawl and help ensure healthier communities. When the state forces employers to pay employees more than • Helps ameliorate job dislocations and changing economic they are worth (in terms of job skills and work habits), that's like conditions in Oregon's rural communities. forcing engineers to use n=3 in their calculations. Something's • Is necessary to meet basic human needs and to pursue got to give. With a large business, the employer may decide a initiatives to protect Oregon's environment. machine can do the job more cost-effectively than these • Provides economic support to those who are least able to pay employees, or that workers in another state or country can. for important environmental initiatives. Small business owners might hire relatives or illegal aliens, downsize,or quit. Measure 36 is a small step toward economic equity throughout Oregon. Many additional measures are necessary to truly Proponents claim this measure will cause the loss of few jobs. address Oregon's economic inequities, including: convenient, This is true, but only because few jobs (of all those in the state) safe and affordable transportation that reduces dependence on are minimum-wage jobs. Among current minimum-wage the automobile; an accessible, high quality educational system; earners, the very people this measure purports to help,job affordable housing for low and moderate income families; and loss will be substantial. growth management policies that ensure an economically vibrant and ecologically healthy state. At a time when welfare eligibility is becoming more restricted, it Economic security for all Oregonians and protection of the would seem unkind to cause the elimination of entry-level jobs y g p these people need. state's environment are essential to creating a livable future for Oregon. Most of us entered the job market with a low wage job. We then learned good work habits,gained marketable skills,and perhaps Keith Bartholomew Mike Houck continued our education. Soon we were making a higher wage. Chris Beck John Jennings This is the beauty of the free market. The best way to increase Rick Brown Paul Ketcham both our wealth and our liberty would be to remove the many Ron Carley Pete Lavigne constraints on the free market, not impose greater ones. VOTE Lenny Dee Robert Liberty NO. Norine Dietrich Kahler Martinson Don't Waste Oregon Caucus Mary Kyle McCurdy Lauren Elmore Mary Rose Navarro Dave Eshbaugh Oregon Natural Resources Council Scott Exo Loretta Pickerell (This information furnished by Denny Dow and Paul Bonneau.) Anna Goldrich Zachary Semke Candice Guth Dawn Uchimaya Portland Greens Joann Vrilakas (This information furnished by Mike Houck, Raise the Minimum Wage Coalition.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 95 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Dear Oregon Voter, Why Small Business People Oppose Measure 36 1 am an Oregonian who has owned and operated a small grocery When considering your vote on Measure 36, the Committee to for the last six years. From this hands on experience I know how Protect Small Business asks you to consider some basic the minimum wage works in a small business and I would like to principles. share why Measure #36 would hurt Oregon's small businesses and their employees. If you wanted to feed the hungry would you vote to raise the price of food? The most important thing to know about Oregon's minimum wage is that it is a place to start. Others will tell you that is was If you wanted to house the homeless would you vote to raise the meant to support a family, but that's not the real world. None of price of rent? us start at the top.The minimum wage allows a young person,or anyone entering the job market for the first time, an opportunity to work and gain some experience. If you wanted to help the unemployed would you vote to raise the cost of creating a job? In my business after 90 days I review a new person's accomplishments and work habits and determine what their next In August of this year Oregon's minimum wage was reasonably wage level should be.After 180 days they are eligible for health increased by 40 cents per hour to $5.15. Measure 36 seeks to insurance and other fringe benefits. After the first year every increase it an additional $1.35. This excessive increase will person is making more than $7 per hour, receives health cause lost jobs,higher prices,and less opportunity. insurance benefits and 5 days of paid vacation. Labor Secretary Robert Reich recently stated that anything over In my business hard work and productivity is recognized and $5.15 will hurt jobs. So who's behind Measure #36. Organized rewarded. labor bosses.But what is their motive? The total amount I spend to create new jobs is limited by the The true motivation of the AFL-CIO is to drain money from the amount I earn through sales. The number of jobs I create is Oregon small business community. This goal was explicitly limited by the cost of creating each job. I don't print the money, stated in a memo from Iry Fletcher, Oregon President of the all I do is manage it. Measure 36 will increase the cost of AFL-CIO. He stated that their"campaign will have as its goal...to creating new jobs and will decrease the number of people I can force our opponents to expend significant resources fighting hire. labor-backed initiatives..." (Bob Young, Willamette Week, 8/7/96). If ballot measures could make us all rich then lets vote to make everybody's wage $100 an hour, and retire early. Real life The unions motives are clear: drain money from the business doesn't work that way and Measure 36 is going to hurt job community, and raise the floor so that they can negotiate even opportunity plain and simple.Any other argument is just politics. I higher base salaries for union members. Not a mention of hope you consider my letter a voice of experience and please creating jobs and opportunity. vote NO on Measure 36. The Committee to Protect Small Business opposes Measure 36 Sincerely, in order to protect Oregon's business and economic opportunities against the massive resources and greed of the AFL-CIO. Please stop their efforts to make Oregon's minimum Rob Lausmann wage the most uncompetitive in the country,at the expense of all Small Business Owner. Oregon citizens who must live with higher inflation, higher prices and fewer jobs. The Committee to Protect Small Business asks you to vote NO (This information furnished by Robert Lausmann.) on 36 and stop the greed and hidden motives of the unions. Sincerely:The Committee to Protect Small Business (This information furnished by Lisa Scott, The Committee to Protect Small Business.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 96 CONTINUED 10 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION OREGON SMALL BUSINESS OWNERS REQUEST THE OREGON SMALL BUSINESS COALITION A NO VOTE ON#36 Asks you to PLEASE VOTE NO on MEASURE 36 The National Federation of Independent Business (NFIB) has Most of us in Oregon got our first job in a small business. Small nearly 17,000 small business owners as members in the State of business in the state has long been the gateway for young Oregon. Over two-thirds of these businesses have less than 10 people and anybody looking to work hard and advance employees. In short NFIB Oregon represents Main Street. themselves. NFIB/Oregon opposes Measure#36. In this state,small business is a way of life.In Oregon it's not big MEASURE 36 IS TOO EXTREME: This year the federal corporations that drive our growth and job opportunity.Over 90% government raised Oregon's minimum wage 40 cents per hour. of Oregon businesses have less than 25 employees and Measure 36 seeks to raise it an additional $1.35. This is too while corporate America is downsizing the small business much,and too quick for Oregon's economy to keep pace with. owners are creating jobs. MEASURE 36 WILL INCREASE PRICES: When the cost of The Oregon Small Business Coalition is a group of 30 small operating a business goes up, the prices for their goods and business associations that have a common goal...to promote services must go up. Measure 36 will cause inflation hurting low free enterprise.We believe in a free market,honest competition, and fixed income consumers, particularly senior citizens on tight and protecting the opportunity for any Oregonian to have a fair budgets. opportunity to take a risk in the market and recognize return for that risk. MEASURE 36 WILL COST NEW JOBS: Measure 36 will increase the cost of an entry level job by$4200.This means that Measure 36 is a ballot measure sponsored by special Oregon will get 2.5 jobs less for every $100,000 invested in interests that will hurt Oregon small businesses. creating jobs. This year federal government raised the Oregon minimum wage MEASURE 36 WILL CAUSE UNEMPLOYMENT: According to 40 cents per hour. Measure 36 is an extreme ballot measure Oregon's Employment Division, Oregon currently has one of its sponsored by big unions,not the Oregonians who go to work on lowest unemployment rates in years. Measure 36 increases the main street or in the malls. cost of entry level jobs by 37%which will transfer into fewer jobs and higher unemployment. The unions' motivation is to force an artificially higher minimum so they can negotiate higher wages for their select MEASURE 36 WILL FORCE EMPLOYERS TO CUT FRINGE membership. BENEFITS: Currently over 90% of Oregon small businesses provide fringe benefits in addition to wages. Measure 36 upsets If you believe in a free market ask yourself: that balance and forces employers to cut benefits that might only be affordable through the employer (i.e. Health Insurance) to meet the cost of Measure 36. Are wages better set based on skills, work ethic and the marketplace...or by a statewide election? MEASURE 36 WILL DISRUPT THE FREE MARKET: Currently Oregon's wages are based on a balance of a person's ability to If the cost of creating a job is increased by$4200 per year...will produce and the supply and demand for labor. Measure 36 more or less jobs be created? allows special interests to make wages a political decision. If the cost of running a business is increased by Measure Oregon small businesses respectfully ask you to let the 36...will prices be forced up or down? free market continue to work in Oregon. MEASURE 36=HIGHER COSTS,JOB LOSS AND PLEASE VOTE NO on MEASURE#36 PRICE INCREASES The members of the OSBC ask you to vote NO on Measure 36. (This information furnished by E. Joe Gilliam, National Federation of Independent Business(NFIB).) (This information furnished by E. Joe Gilliam, Oregon Small Business Coalition.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant meht by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 97 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Oregon Farmers and Ranchers Urge a NO vote on#36 Dear Oregonians: This increase in the minimum wage is just TOO MUCH! The Oregon Restaurant Association would like to urge you to vote No on Measure 36 this November. This measure will have • Passage of Measure 36 will make our labor costs the tremendous effects on all restaurants in several ways. highest in the nation! First, our industry has long been a training ground for minors • The Oregon agricultural community has no control on looking for their first job. It is becoming more and more difficult to prices which are determined in commodity markets in hire minors as federal and state laws prohibit them from them the midwest and east. The highest minimum wage in completing many tasks in our industry. Now Measure 36 wants the nation will put Oregon agricultural products at a you to increase their wage by over 37%. If we want to create competitive disadvantage with products grown in other opportunities for entry level workers, we should not increase the parts of the United States. cost of providing them a job. • As Oregon products lose market share because of high The Fair Labor Standards Act calls for the use of Tip Credit for costs, we will lose jobs and income in agricultural tipped employees. 43 states recognize the use of a tip credit, affected businesses, in the city as well as the country- Oregon does not. Many of these employees are the highest paid side.Look at your job,are you at risk? employees in our businesses averaging over$14 when tips are included. Measure 36 will increase their base pay to triple the • Oregon cattle ranches are a good example: Families amount of most states. This will make the highest paid employees get even more. It will stop our ability to give raises to that operate cattle ranches have been watching meat prices drop for some time.They are having a hard time those truly earning the least like cooks and bus boys. hanging on NOW. By raising the minimum wage this HIGH, Ballot Measure 36 will push many family ranches Lastly, this measure will cause inflation. As the price of goods right off the cliff. and services increase, disposable income decreases. Usually the service industry is the first industry hit. To control costs • Many of our farms offer summer jobs to young workers people eat out less. When people eat out less we have fewer saving for their education. These jobs and other customers. Measure 36 increases our labor costs and reduces our customer base. entry-level career jobs,especially in rural areas,will be lost. We teach young Oregonians the value of work by keeping these jobs available. Measure 36 will cost Please vote No on Measure 36,it hurts those it says it helps. many of these jobs. Oregon Restaurant Association ` • We don't object to a reasonable minimum wage, but $6.50 an hour is TOO HIGH, without enough justifica- tion about why Oregon must be the highest in the nation. (This information furnished by Bill Perry,Oregon Restaurant Association.) We, the board of directors of the Oregon Farm Bureau, urge you to VOTE NO on Measure 36. We urge you to communicate with your families, friends, and neighbors to do the same. Let's not put our economy at risk by supporting a minimum wage that is just too high! (This information furnished by the Board of Directors, Oregon Farm Bureau:John Rossner, President;Stan Hendy, Rick Miller, Daryl Hawes, Debbie Scott, Vice Presidents;Larry Lear,Norm Pratt,Joan Silver,Tracey Liskey, Camille Hukari, Barry Bashue, Jack Burkhart, Dean Freeborn, Kathy Smith,Keith Nelsen,Neil Westfall, Charlie Barlow,Edmund Duyck, Doug Krahmer, Howard Sand, Board Members;Andy Anderson, Greg Leo,Don Schellenberg,Pete Test,Staff.). (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 98 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 1 Measure No. 36 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Oregonians for Sound Economic Policy urge you to vote NO on Ballot Measure 36 will have far reaching consequences and Measure 36. A 37% increase will have an adverse affect on adversely effect the quality of life of thousands of Oregonians! Oregon's economy. We cannot expect to resolve the economic concerns of a small segment of our population when, in fact, our actions will harm a There is no doubt that an increase to$6.50 will drive up prices. far greater segment of the community! As businesses pay more for labor costs, they will be forced to charge more for their products or services.This will cause direct Increasing Oregon's minimum wage to $6.50 an hour is unrea- economic hardship to the elder and disadvantaged who live on a sonable and will drive up the cost of food, gasoline and other fixed income. necessities. How can we expect to help low income families by raising the cost of their groceries and rent? Small businesses might have to eliminate jobs. While the Oregon economy is strong now,even with a small recession the Artificially driving up the cost of essentials will have a negative increase will certainly come at the expense of jobs. impact on: The unions claim this will help move people off welfare.Studies *Seniors on fixed incomes show that there is a direct link between an increase in the 'Single working parents minimum wage and an increase in the caseloads for Aid to 'Young people seeking part-time employment Dependent Children. That's because mandating higher wages means the loss of job opportunities to those who need them the Ballot Measure 36 is a bad idea for Oregonians and a bad idea most. for Oregon.It is TOO extreme! Proponents ignore the fact that minimum-wage jobs are VOTE NQ ON BALLOT MEASURE 36! entry-level positions held by young and often uneducated workers. Business owners pay the wages that attract,the best workers,which in most cases is higher than the minimum wage. George G.Forbes But at $6.50, they will reconsider hiring teenagers who live at President home and entry level workers with no skills. They will also offer Tri-County Lodging Association fewer hours and benefits for current employees. Ideally,the market in a town or a community should be allowed to set wages and prices. An increase can have a greater (This information furnished by George Forbes, Tri-County Lodging negative impact on rural communities than an urban economy. Association.) Wages in Klamath Falls shouldn't be set by a voter from Portland. The economy is strong and unemployment is low. Meas0re 36 will cause inflation, higher prices and job loss. It's not broken, don't fix it. (This information furnished by Nicky Cribb, Oregonians for Sound Economic Policy.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 99 CONTINUED Official 1996 General Election Voters'Pamphlet-Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Keep Oregon's Economy Strong--Vote NO on Question: What will be the effect of raising Oregon's minimum Ballot Measure 36 wage to$6.50? Congress recently passed a reasonable minimum wage bill that Answer:Loss of jobs. will increase Oregon's minimum wage from $4.75 to $5.15 per hour. Ballot Measure 36, by raising the minimum wage to$6.50, Raising Oregon's minimum wage to the rate of $6.50 per hour will raise prices and reduce job opportunities for first time does more to destroy job opportunities than it does to help the workers,students and part-time workers. 2.9%of Oregon's work force receiving minimum wage.The real effect of such an extreme jump in the minimum wage is to create For the vast majority of Oregon businesses, increasing their greater competition for fewer jobs. costs of doing business has predictable results: Question: I couldn't support my family on the minimum wage, • Raise Prices why shouldn't I vote to raise it? • Replace workers with machines Hire fewer but more highly skilled individuals Answer: Minimum wage workers are usually young, single, and entering the job market. Rarely are they the principle breadwin- Oregon's economy is composed primarily of businesses with ner of a family. More importantly,the minimum wage is a starting fewer than ten employees. Contrary to what the unions would wage for workers-business owners quickly move good workers like you to believe, these business owners are not greedy up the wage scale because there is, and will always be, executives bringing in exorbitant salaries. Most are average competition for good workers. people making an average living. Businesses that pay minimum wage typically refer to it as the "starting wage" because good Question:How will a raise in the minimum wage effect me? performers are quickly rewarded. Rising prices at the grocery store,gas stations and in restaurants Answer: Most small businesses operate on very small profit margins. If costs rise they have three choices: increase sales, will obviously hurt the working poor. And what about our senior increase prices, or reduce labor. Businesses such as gasoline citizens on fixed incomes? Who will give them a raise to cover station operators can't reduce labor and continue to operate these increased costs? effectively.That will mean higher gas prices.The same is true for many other industries such as grocery stores, restaurants, Oregon and the nation were once known as the land of motels,and retailers. opportunity.Have we become a nation of entitlement? Lost jobs and rising prices due to higher labor costs is not the Let's help Oregon's economy thrive. Vote NO on Ballot Measure way to help working Oregonians. It is a recipe for recession. It is 36. the path to high unemployment and increased social problems. Richard M.Butrick KEEP OREGON'S ECONOMY GROWING, Associated Oregon Industries. VOTE NO ON BALLOT MEASURE 36! (This information furnished by Richard M. Biitrick, Associated Oregon (This information furnished by Brian Boe, Oregon Petroleum Marketers Industries.) Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 100 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION August 15, 1996 The Minimum Wage is not used as a guideline for the individual seeking a position that requires high intensity experience, skills, Dear Voters: training and education. The minimum wage is set for those individuals seeking an ENTRY LEVEL JOB. This means the individual is not experienced, trained or educated in the specific The current push to increase the minimum wage is a political trade. ploy that will end up hurting those it is intended to help.We have a moral obligation to do whatever we can to help raise the Nobody in my organization starts at the minimum wage, trained standard of living for minimum wage earners. However, or untrained,As a company,we choose to pay our employees at increasing the minimum wage will have the opposite effect. a higher rate. We do not need the Federal or State Government to tell us how much our employees are worth.We encourage our While raising the minimum wage "sounds" great, elementary employees to strive to better themselves financially by showing a economics shows there is no long term benefit of raising the willingness to improve their skills, quality and quantity of work minimum wage. Claiming that it benefits the minimum wage and dependability.All wages are performance based. earner is analogous to claiming that filing insurance claims benefits all policy holders. Just as insurance companies "pass WE MUST VOTE NO ON THE MINIMUM WAGE INCREASE on"the expense of additional claims as higher premiums,raising SO THAT INDIVIDUALS LACKING SKILLS, TRAINING AND the minimum wage increases the price for all goods and EXPERIENCE WILL BE GIVEN A CHANCE TO PROVE services. None of us are naive enough to believe that THEMSELVES. A HIGHER MINIMUM WAGE WILL FORCE businesses will simply absorb higher costs--not in a free market EMPLOYERS TO HIRE ONLY HIGHLY EXPERIENCED economy! As a result, minimum wage earners will suffer with INDIVIDUALS FOR ENTRY LEVEL JOBS. higher prices and relatively lower earnings. Another effect will be an increase in the labor supply, increased A HIGHER MINIMUM WAGE WILL DRASTICALLY REDUCE competition amongst those looking for work,and fewer available THE JOBS AVAILABLE FOR UNSKILLED INDIVIDUALS jobs. With higher wages, more people will return to the labor SUCH AS HIGH SCHOOL AND COLLEGE STUDENTS, AND force. In addition, many positions may be absorbed by THOSE STARTING A NEW CAREER. realignment of responsibilities, automation, etc. As a result, minimum wage earners will find themselves competing with more A HIGHER MINIMUM WAGE WILL DRIVE ALL CONSUMER people,often more educated and experienced,for fewer jobs. PRICES UP. ALL HOUSING, FOOD, TRANSPORTATION, CLOTHING AND ALL GENERAL SERVICES NECESSARY TO The solution to raising the standard of living for minimum wage LIFE,WILL INCREASE IN COST. earners lies in areas like education, training, etc., and not in raising the minimum wage. Please do not let the political agenda A HIGHER MINIMUM WAGE "APPEARS" TO BE HELPING of a few, result in the degradation of the standard of living of CERTAIN INDIVIDUALS GET AHEAD. THE REALITY IS THE those who need help the most. GOVERNMENT IS CASHING IN ON THESE INDIVIDUALS' HARD EARNED DOLLARS.CLOSE TO THIRTY PERCENT OF Get the facts. Raising the minimum wage may "sound good"on AN INDIVIDUAL'S PAY INCREASE WILL GO TO THE the surface,but for those it is intended to help, it will"become as GOVERNMENT IN TAXES. sounding brass,or a tinkling cymbal." HELP THE INEXPERIENCED AND UNSKILLED LABORER. Please,vote no on Measure#36. VOTE NO ON BALLOT MEASURE 36. Thank you, Jay Kemble (This information furnished by Misti L.Wittenberg,Team Management.) Hospitality Associates (This information furnished by Jay Kemble.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or,Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 101 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION CONGRESS JUST PASSED AN INCREASE OF THE VOTE NO ON MEASURE 36 FEDERAL MINIMUM WAGE TO $5.15 AN HOUR, WHICH IS REASONABLE. MEASURE 36 WANTS TO INCREASE Dear Voters, OREGON'S MINIMUM WAGE TO$6.50.THIS IS TOO HIGH. SMALL BUSINESSES IN OREGON THAT COMPETE WITH Many people will initially want to support Measure 36 because OUT OF STATE BUSINESSES WILL NO LONGER BE ABLE it only seems fair pay people more than$4.75 an hour for their TO DO SO. THE DECISION WILL BE MADE TO EITHER work.The proposal l might appeal as being reasonable and moral. INCREASE PRICES OR REDUCE LABOR. Most of won't even realize we could be doing more harm than m good by marking the"yes"box. WHEN BUSINESSES REDUCE LABOR, WELFARE AND were are some important points to consider before you decide: UNEMPLOYMENT WILL RISE. SMALL BUSINESS USES THE MINIMUM WAGE AS A STARTING WAGE.OWNERS QUICKLY GIVE RAISES TO GOOD WORKERS. RAISING THE MINIMUM • Congress just passed an increase of nearly 9% in the WAGE DOES NOT HELP THE POOR, IT SIMPLY MAKES THE minimum wage. This proposal to raise it even further to $6.50 COMPETITION GREATER FOR FEWER ENTRY LEVEL JOBS. would be an increase of 37%! OREGON'S UNEMPLOYMENT RATE IS CURRENTLY 4.9%. RAISING THE MINIMUM WAGE WILL FORCE EMPLOYERS • Modest incremental increases in wages, salaries and other TO CUT JOBS, WHICH IN TURN WILL INCREASE benefits do not prompt huge escalations in inflation. A 37% UNEMPLOYMENT, HURTING THE PEOPLE IT WAS MEANT increase in wages would cause a steep increase in the cost of TO HELP. FEWER PEOPLE WORKING, MEANS LESS TAXES basic goods and services. FOR OREGON. •Oregon, like most other states, now competes on an interna- WHEN BUSINESSES INCREASE PRICES, THE HIGHER tional basis for jobs and product sales. An increase to$6.50 an COSTS ARE PASSED ON TO THE CONSUMER. hour would place Oregon businesses at an extreme disadvan- DEPARTMENT STORES, RESTAURANTS, GROCERY tage because our entry level wage would be the highest in the STORES WILL ALL HAVE HIGHER COSTS. AN INCREASE IN nation! THE MINIMUM WAGE IS A TAX ON JOBS. EXPENSES TO BUSINESSES WILL INCREASE, NOT ONLY FOR LABOR, BUT All this leads us to one conclusion:Votin es"on Measure 36 FOR SOCIAL SECURITY AND OTHER BUSINESS RELATED g y COSTS. ULTIMATELY THIS WILL CLOSE A BUSINESS THAT could create the same type of unemployment woes Oregon IS BARELY MAKING IT.IS in the 1980's. The economy of our state, and particularly Lane County, is only now beginning to turn around. This huge increase in the minimum wage could unravel our state's progress TO KEEP OREGON'S BUSINESSES STRONG AND and end up hurting those it is suggested it would most help. COMPETITIVE WE NEED TO VOTE NO ON MEASURE 36. We cannot responsibly claim to be helping low income families when we are, in fact,fueling an increase in the cost of their food and basic necessities. This proposal was poorly thought out to serve the agenda of a few special interest people and doesn't (This information furnished by Glen Hart,Hans Nsry of Jefferson.) address more important needs of low income families, such as health care. It is a bad idea and doesn't deserve your support. VOTE NO ON MEASURE 36! Larry Harvey Lane County Lodging Association (This information furnished by Larry Harvey, Lane County Lodging Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 102 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Fellow'Oregonians, August 19, 1996 I write this in opposition to the proposed increase of the Oregon Vote f r small business and fellow Oregonians o absorb.Here are minimum wage. some of the big problems this will create: Columbia Room Inc. operates a mid-sized full-service hotel facility and service station in Hood River which employs 150 1)Senior or retired citizens on a fixed income will be affected by people in peak season.Hood River is a rural area and unlike the increasing cost of goods and services. Portland metro area,seasonal employment fluctuates drastically. Our local economy is extremely tenuous.Timber jobs have to a 2)Will have out of state workers competing for Oregon's jobs great extent gone away,our local communications company and because of the huge increase in the minimum wage. county's largest employer has relocated or eliminated over 30% of its workforce with more cuts planned, and the county-wide 3)Cost of goods and services will raise more than the increase unemployment rate is over 12%. The proposed increase in the in minimum wage because employees will be faced with minimum wage can only further negatively impact a local the higher taxes and insurance costs. economy like ours causing the elimination of jobs of the type change intends to help. 4)Artificially increasing cost to business owners can cause a We expect that if the proposed increase passes we would likely loss of job opportunities. layoff 15-20 full time equivalent employees. The majority of the layoffs would be entry level type positions working part time or 5)Workers can face a loss of benefits(bonus pay,vacation pay, just entering the job market or workers who are a critical wage free meals,insurance,etc.) earner in a two income family.These are the families who would 6 Some small businesses will not be able to absorb the huge be hurt most and be most likely to show up on the welfare roles. )increase and will no longer exist which is a loss of jobs. Congress has just passed a minimum wage increase effectively g y In August of 1996 Congress passed a reasonable 8.5%increase increasing Oregon's minimum wa e b 8.4%. This is a reasonable increase.The proposed 37%increase is just too high in the minimum wage. This is a 40 cents per hour increase in Oregon. Oregon's unemployment rate is 5.1% more and cannot be absorbed by small businesses like ours without Oregonians are working now than ever before.The Oregon state effecting harmful layoffs and higher prices. economy should not be influenced by special interest (national would consideration l Ib ell and le the free ma ket systtem wok tdete m ne fair wag s economies nd gong to be the only one's that will benefit from measure #36. to vote no on the proposed.minimum wage increase. Let's use common sense and vote NQ on#36. Thank you, Sincerely, Craig Calvert Chuck Hinman Alpine Hut Restaurant Columbia Room,Inc. Rhododendron,Oregon (This information furnished by Chuck Hinman.) (This information furnished by Craig Calvert,Alpine Hut Restaurant.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The priinting oSt iteaof Oregon nor does thetstateewa�rant mhenprbylthe St ft:argument:does Oreg nor does th=ea Y the accuracy 0r truth f any statement made in the argument. the accuracy or truf any stement made 103 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure NMeasure N ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION TO INCREASE THE MINIMUM WAGE TO $6.50 IN OREGON August 23, 1996 WOULD RESULT IN SEVERAL SMALL BUSINESSES GOING PER PER EMPLOYEE ANDH INCREASE AVE AGE OF $$205IN RE AT D Measure 36 Ignores the Facts TAXES AND ASSESSMENTS WOULD MEAN A TOTAL OF A $2.10 INCREASE PER EMPLOYEE. MULTIPLIED BY A 40 Proponents of Measure 36 have stated that by increasing the HOUR WORK WEEK AT 50 WEEKS A YEAR WOULD RESULT state's minimum wage, we will be helping IN A $4200.00 COST TO THE EMPLOYER FOR EVERY Poverty wages. The fact is, earning P g people who earn EMPLOYEE. MULTIPLY THAT $4200.00 BY AN AVERAGE provide g 9 $6.50 an hour does not NUMBER OF EMPLOYEES A SMALL BUSINESS HAS, SAY goods for more buying power when we drive up the cost of 10, AND THE INCREASE IN THE MINIMUM WAGE COULD Dods ages would,in at fact have less buying p who work at entry level wa buying power. COST A SMALL BUSINESS A INCREASE OF $42,000.00 A YEAR. IT IS PAINFULLY OBVIOUS THAT THIS KIND OF A Proponents have also characterized this as an issue that will INCREASE COULD AND WILL PUT SEVERAL SMALL help a vast majority of Oregonians who are supporting families. BUSINESSES OUT OF BUSINESS FOR GOOD. THIS WILL The fact is, nearly 70% of those who earn minimum wage in ALSO PUT OREGON AT A GREAT DISADVANTAGE Oregon are single and not the"family bread winner." COMPARED TO OTHER STATES. WHEN THE SURROUND- ING STATES ARE SETTING AT $4.75 PER HOUR AND OREGON RAISING TO $5. A $ ALREADY HAVE A Proponents also tell us that by giving workers a raise, it is a DISADVANTAGE,HOWEVER,TO RAISE TO$6.50 PER HOUR move toward economic justice and will help to resolve problems WOULD KEEP ANY FUTURE SMALL BUSINESS FROM related h America's low income families. The fact is, the best OPENING IN OREGON WHEN THEY.CAN CHOOSE way to help an entry level wage earner is to help them learn ANOTHER STATE AND NOT HAVE NEAR THE LABOR COST. skills that will ll make them employable.This measure will lead to the elimination of many of the entry level jobs that help-make learning those job skills possible. (This information furnished by Bakulesh G.Patel.) Measure 36 is, in fact, a bad idea for Oregon and for Oregonians. it will hurt most of the people we are being told it is intended to help. The proposal is extreme and really meant to serve the agenda of special interest groups. , Protect Oregon families from being exploited. Vote NO on Measure 361 Philip R.Peach Executive Director Oregon Lodging Association (This information furnished by Philip R. Peach, Oregon Lodging Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) Th7printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- mthe State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant thacy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 104 CONTINUED 0 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 Measure No. 36 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION I am opposed to Measure No.36 because it Will ess just passed Dear Voter, impact on my business.The United States Congress an increase in the minimum wage and,while I feel that m w is a In our restaurants in Eugene and Corvallis,we strive to produce very reasonable dollar amount, the $6.50 minimum wage the very highest quality dining for our customers. If Measure mandated by No.36 is too high.This represents a 37%increase passes however,this will become virtually impossible. over the current minimum wage in Oregon. A problem Since we already pay most of our employees more than $6.50 associated with the 37%increase is that other employees want Per hour, why should passing Measure 36 have such an effect? their salaries increased by a similar amount.This"ripple effect" The answer has to do with the impact it could have on what we will cost American businesses millions of dollars. pay our waitstaff. Most economists agree that an increase in the minimum wage On average, our waitstaff now make more than $12 per hour, will be passed along to the consumer,causing rising prices and including tips.The State or Oregon however, does not consider result in higher costs in department stores, restaurants, grocery tips di be compensation. Hence, it would require us to pay our stores. Unfortunately, there are businesses where the full additional$1.75 per hour if Measure 36 passes. increase cannot be passed along to the consumer and who will have to absorb these costs.The net result will be a decrease i waitstaff an a n waitstaff less than the hiring and some business failures. I will it looking a a direct e, because waitstaff earn much more than the salary increase of over$100,000 per year if Ballot Measure No. Most states permit restaurants to pay minimum wag 36 passes. minimum wage, with tips. In Per states waitstaff eady pay $4.75. h wages of just over $2.00 p a waitstaff $6. per It Measure 36 passes, we would have top y I believe that No. 36 is unfair in that the increase is the same hour! for a business in rural Oregon as it is in the Portland area.There is no consideration given to local economies and the increase could not increase our costs by this amount and stand ply prohibits the free market system from determining fair wages We don't make that much in profits. even though the economic costs of living in a rural area are d Y by W substantially below Portland costs. begin with, we would have Oregon's current economic climate is good.Our unemployment How would we have to respond?ac woud have to have a simpler, is only .9%and I am certain that raising the minimum s economists have fewer wraitstaffy Finally,at 10°food would have we would have to Y force a number of employers to cut jobs. Various throughout the state have estimated that total employment will less interesting menu to save on decrease by 3.7%to 11%thereby hurting the most those whom In short, passing Measure 36 would result in our customers the changes are intended to help. paying more for fewer choices and for less service.Customers of other restaurants wooulod find the businesses Moreover, some restau- Join me in voting against Ballot Measure No.36. rants would simply 9 And all of this would happen to give people who already make $12 per hour a pay increase of$1.75 per hour. (This information furnished by William J.Allred.) Quality dining out is an important ingredient s keep t that way by voting of life and tourism economy. Let' down Measure 36. The West Brothers-Mike,Jim and Phil (This information furnished by Jim West,West Bros.BBQ,Inc.) This space purchased for$500 in accordance with 1993 Or.Laws 811§1 Id (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The rinting of this argument does not constitute an endorse- the State of Oregon, nor does the state warrant The printing of this argument does not constitute an endorse P ment by the State of Oregon, nor does the state warrant meat by the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the CONTINUED 105 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 36 FARGUMENT IN OPPOSITION e depends on a vibrant economy.A loss of entry level or starting wage jobs may throw a wrench in our ability to maintain Oregon's excellent record of economic growth. How will raising wages a little cause so much damage? 1. Increasing the minimum wage to$6.50 will cause inflationary pressure on basic goods and services such as groceries and gasoline.These industries rely on a young labor force that is just entering the job market. Raising the minimum wage will cause many of these first time job seekers to go without. Rising unemployment will take its toll and result in increased crime and drug and alcohol abuse. 2.The Oregon Employment Division statistics indicate that our state's unemployment rate is 5.1%. More Oregonians are working now than ever before.92.2%of small Oregon employers offer fringe benefits or bonus pay in addition to wages.The worst mistake we could make would be to enact a$6.50 starting wage that would destroy jobs for our young people just entering the work force. 3.Only 2.9% of all Oregonians working earn minimum wage. Only 2.9%1 The minimum or starting wage has an important function in our economy. We must be very careful and not rush into a situation that may result in a tremendously negative effect on first time job seekers. As sellers of retail gasoline,we provide opportunity to hundreds Of young people every year as they begin their working lives. Raising the starting wage we must pay to $6.50 will result in a loss of some of these jobs. Let's not put Oregon in the jeopardy of economic decline: VOTE NO ON BALLOT MEASURE 36! (This information furnished by Glenn Zirkle,Astro-Western Stations.) (This space purchased for$500 in accordance with 1993 Or,Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 106 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 37 Measure No. 37 Proposed by initiative petition to be voted on at the General EXPLANATORY STATEMENT Election,November 5,1996. Measure 37 amends existing Oregon law to require deposes on ALL beverage container unless definition or description.r the beverage BALLOT TITLE container is exempted by COf�I"fAINERS Current law, commonly known as the bottle bill, requires f > )! T YES EYER*0 , deposits on individual, separate, sealed glass, metal or plastic VAU' bottles,cans,jars or cartons containing beer or other malt Bever age,carbonated mineral waters, soda water or similar carbonat QUEVI, f � qufre aiCt W ed soft drink. deaieta - �i;its,r�raftat►da E31s; idttional,t�of Measure 37 would exempt from deposit th substitute tutead stiloled every tainers holding a dairy liquid or liquid dairy c0hSurne'rs spirits and distilled liquor, or wine that has an alcohol content 13NI�' Amenc)a statutes current law, greater than 8.0 percent by volume. Also exempt from deposits anti c� pay df3Postts and eceitrrt refunds an ate�. � � yyltfaecepf would be beverage containers holding less than six fluid ounces � ;taeltara vr;to include'shy.littuid or more than one liter of any non carbonated beverage except mound � '� tt1t�3S, � � ( ,)1rcifcts oe si. , water. Contain ers holding more than two liters of water also tlis# eii� 1fiS csfi tir#t .or utt�t +tom+°o�ta'eighf percent atcohot. would be exempt. Measure requires refund value for containers of: All sizes of beer,malt beverage or carbonated drink containers v w t qn ed drhtks,any,size continue to require a container deposit. Containers of dairy lor, �,-nm t tie a uids or liquid dairy substitutes.distilled spirits and distilled a cent oNcn_carbonated dunks other than water,from six ounces to and wine that has an alcohol content greater than 8.0 p ne liter. would continue not to require a deposit. V�f�,tiP td,two ttterS f deposits. It also retains current enforcement means ESTIMA�df=PiIVANCiAL1MPAC� No#irlancial effect on state refund o Measure 37 retains the current retail process of collection and or,fnser►t axperaclitUtes et rev and penalties. Committee Members: Appointed by: Be It Enacted by the People of the State of Oregon: Tom Novick* Chief Petitioners SECTION ners 11.ORS 459A.700 is amended to read: Christopher Taylor* Secretary Chief Petitioners State Pat McCormick Secretary of State 459A.700.As used in ORS 459.992(3)and(4)and 459A.700 to Jill Thorne 459A.740,unless the context requires otherwise: Kathleen Beaufait Members of the Committee (1)"Beverage"means any drink in liquid form and intended for explanatory (a)A dairy liquid or any liquid dairy substitute statement) human consumption.Beverage does not include: ; *Member dissents(does not concur with (b) Distilled spirits or distilled liquor as defined in ORS ointed to provide an impartial explanation of the 472.010;or (This committee was app (c) Wine as defined in ORS V7i�?e that has an alcohol ballot measure pursuant to ORS 251.215.) content greater than 8.0%by o (2) "Beverage container"lastic bottle, can,1jar, or carton contain- sealed glass, metal, or p ing[a beverage]: (a)beer or her malt beverages,or carbonated drinks, of any size; (b)a minimum of six fluid ounces and a maximum of one liter of a non_carbonated drink other than water; (c)a maximum of 2 liters of water. NOTE: Boldfaced type indicates new language; [brackets and italic]type indicates deletions or comments. CONTINUED 107 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 37 Measure No. 37 ARGUMENT IN FAVOR ARGUMENT IN FAVOR A MESSAGE FROM MRS.TOM McCALL: OREGON GROCERS SAY VOTE YES ON 37 TO KEEP OREGON CLEAN AND GREEN MEASURE 37 IS SIMPLE COMMON SENSE Dear Oregonians, As Oregon grocery store owners and managers,we strongly support Measure 37 as a way to make Oregon's Bottle Bill Twenty-five years ago, my husband, the late Governor Tom simpler to use and more effective. McCall, signed into law the nation's first beverage container Right now, what is covered by the bottle bill is determined by deposit law--the Oregon Bottle Bill.As Tom later said,this simple Ri h s law turned out to re a "rood aBna success."The bottle bill has whether or not the beverage inside is carbonated. At one time, kept our state clean and green for a quarter century. sales of drinks such as iced teas,juice drinks and bottled waters. that made sense. But there has been a tremendous increase in Today, however, we are faced with a new litte r pm This means that containers created by the new, non-deposit containers which have lately become so popular. We all see these discarded bottles and cans made of the same materials littering our roadsides,parks and beaches.It's a disgrace. distributed by the same company • made by the same manufacturer __--__— sold in the same store Luckily,the solution to this new problem is very simple. Expand the Oregon Bottle Bill. If these drinks had been around in 1971 I know Tom would have insisted that the too be included in the are treated differently based on whether or not the drink has bub deposit law. bles in it. In passing the original bottle bill, my husband and the Oregon This is confusing and frustrating to consumers and doesn't make Legislature had to ignore the"distortion, deceit and dollars"of its Important.se for store operators. That is why Measure 37 is so beverage industry opponents. Now, in 1996, we Oregonians must once again i nore the anti-bottle bill orooa anda paid for b out-of-state companies who want to stop us from passing this bottle bill, we want to make sure that people understand containers y As grocers who actually collect and sort the containers under the important measure. After 25 years of success, we Oregonians Measure 37 is clear,understandable and does not know the bottle bill works. Bringing such a popular and effective cant extra burden. Grocery stores set up their systems that law up to date is just plain common sense. pose a signifi- dling deposit bottles when the original bottle bill was pas ed in I am proud to be a sponsor of Measure 37. It continues 1971. The system has worked smoothly for 25 years, and I Oregon's tradition of stewardship which my husband worked so I Measure 37 does not greatly change it. hard to promote.Join Or in voting YES on 37!Let's carry on this In fact,Measure 37 does not really change which kind great tradition to keep Oregon litter-free. ers will have deposits. Single-servin of contain- Mrs.Tom McCall I tinue to be covered. Liquor bottles•wiinte b tles. aseptic td Chief Petitioner,Measure 37 I polycoated paper cartons (juice boxes and milk cartons) are not j covered. Once again. Measure 37 is simple, I make our great Oregon Bottle Bill work even betteogical and wiii and operated aro- (This information furnished by Mrs. Tom McCall Chief Petitioner.Measure 37.) ' Pease take it from the over 25 Oregon ownA cery stores who have endorsed Measure 37: expanding the ' Oregon Bottle Bill is a good idea and the right thing to do. Connee Devers James Dennis Joy Market Cracker Box Deli Pantelis Kosmos Mad Greek Deli Marta Boyett Ashland Community Food Store (This information furnished by Pantefis Kosmos, Mad Greek Deli;James Dennis,Cracker Box Deli;Connee Devers,Joy Market;and Marta Boyett, General Manager,Ashland Community Food Store.) (This space purchased for with a petition containing the signatures of 2,500 voters eligible to vote on the measure in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- (This space purchased for$5oo in accordance with 1993 or.Laws 811§11.) endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argu ment. he accuracy or truth o anesta oes not constitute an y tement made in the argument. 108 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 37 Measure No. 37 ARGUMENT IN FAVOR ARGUMENT IN FAVOR A Message from the League of Women Voters of Oregon Vote Yes on Measure#37 For A Cleaner,Greener Oregon and AARP: More Non-Deposit Containers=More Litter An Oregon Tradition Last year, over 100 million non-deposit containers were littered The bottle bill has been an Oregon success story for 25 years, or landfilled in Oregon simply because they weren't covered by keeping litter off of our streets and valuable materials out of our the current Bottle Bill. That is enough to make a line of bottles landfills--all at no cost to government.The bottle bill has become from Portland to New York! It means too much litter, not enough an Oregon tradition. It symbolizes our concern for preserving recycling,and tremendous costs to Oregon. Oregon's unique natural beauty. A Bottle's a Bottle,Bubbles or Not A Simple,Reasonable Reform Why should only carbonated drinks have deposits? The current Given the bottle bill's incredible success, expanding it to include law covers just carbonated drinks, which means that popular new non carbonated drinks like Snapple iced tea and bottled new drinks like Snapple juice iced tea and bottled water don't water is the logical thing to do. Measure 37 will ensure this great have deposits. Worse yet, sales of these non-carbonated drinks law keeps working for the future. are growing at 30% per year. Container litter is always an eye- sore,whether it had bubbles or not. Our State,Our Decision A Simple Solution:Expand the Bottle Bill The same special interests that tried to defeat the bottle bill in 1971 are repeating the same arguments in 1996. We This increase in litter is simply unacceptable, especially when a Oregonians rejected these claims back in 1971, and we should proven solution is at hand --- expand the Bottle Bill. We know do so once again, by voting YES on Measure 37. We know the from experience that containers which have the 5-cent deposit bottle bill works and this expansion will make it work even better. are three times more likely to be recycled than those which do not. It is only common sense to include these new drinks in the Vote Yes on Measure 37 same system which has worked so well for beer and soda pop. The League of Women Voters of Oregon and the American Opponents Don't Care About Oregon Association of Retired Persons urge you to vote YES on Measure 37 to make a good law even better. The only strong opposition to Measure #37 comes from the same out-of-state corporate interests which tried to thwart the original Bottle Bill in 1971.They are using the same misleading, questionable scare tactics which they tried 25 years ago. None of the gloom and doom predictions they made back then turned (This information furnished by Mary Krahn, League of Women Voters of out to be true. Now they have hired a slick Los Angeles public Oregon and John Glascock,American Association of Retired Persons.) relations firm to dress up their tired old arguments. But every Oregonian knows that the bottle bill has been an unparalleled success. Oregon is cleaner, has better recycling and a healthier economy,all thanks to the success of this pioneering law.VOTE YES ON MEASURE#37!!! (This information furnished by Maureen Kirk, Chief Petitioner and Executive Director of OSPIRG(Oregon State Public Interest Research Group).) (This space purchased for with a petition containing the signatures of 2,500 voters (This space purchased for with a petition containing the signatures of 2,500 voters eligible to vote on the measure in accordance with 1993 Or.Laws 811§11.) eligible to vote on the measure in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 109 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 37 Measure No. 37 ARGUMENT IN FAVOR ARGUMENT IN FAVOR United Food and Commercial Worker's Union--Local 555 Oregon's Recyciers Say Yes to a Better Bottle Bill: Says Vote Yes on Measure 37 A Few Key Facts About Measure 37 and Recycling in Oregon The United Food and Commercial Worker's Union (UFCW), • The Bottle Bill is Oregon's most effective recycling pro ram. Local 555, represents over 17,000 working people throughout g Oregon and southwest Washington. We're the union that • Over 1 billion containers a year are recycled each year in represents the grocery clerks who have made the bottle bill work Oregon because of the Bottle Bill. every day for 25 years. We are proud to lend our support to the effort to expand Oregon's bottle bill and urge voters to approve • Recycling these containers creates jobs while saving energy, Measure 37 fora clean and green Oregon natural resources and landfill space. The bottle bill reflects a great Oregon tradition of responsible 3%of Bottle Bill glass bottles get recycled, vs. 28%of non- stewardship. It is the most effective program in the country in deposit bottles.(Oregon DEQ, 1994) terms of litter prevention and recycling and it creates jobs--both li Over in the stores where the returns are handled, and through the million non deposit containers a year are being recycling of the materials. For every ton of waste processed, littered or r la ndfilled in Oregon. recycling creates nine times more iobs than landfilling • The new containers covered by Measure 37 are made of the same materials as those already covered by the Bottle Bill: Opponents of the bottle bill will try to tell you they are concerned glass, metal and plastic. Paper cartons and aseptic containers for the safety of employees who handle the returned containers. will continue to be exempt. The truth is that in the 25 years that the bottle bill has been in effect, not one case of illness or serious iniury stemming from Expanding the Bottle Bill Will Increase Recycling bottle returns has been documented by state authorities. The current law already gives stores the right to reject any containers As professional recyclers, we want you to know that expanding which are contaminated with anything other than water,the origi- the bottle bill will definitely boost recycling in Oregon.There is no nal contents,or dust. doubt that placing a five-cent deposit on non-carbonated drinks such as Snapple, juice and bottled water will increase recycling As the types of beverages available in our stores have expand- of these containers. ed,so should the bottle bill. If it's a glass, metal or plastic bever- Measure 37 Will Make The Bottle Bill Simpler for Consumers age container.it should be returnable Measure 37 is that simple. Including all single-serving drinks under the deposit system will OREGON'S GROCERY WORKERS URGE YOU TO VOTE YES make it easier for consumers to sort and return their empty con- ON MEASURE 37! tainers. The current law makes an arbitrary distinction between carbonat- ed drinks (which have deposits) and non-carbonated drinks (This information furnished by Ken MacKillop, United Food and (which do not). Under the current system, consumers are con- fused when they find two identical drink containers, only one of Commercial Worker's Union--Local 555.) which can be returned, simply because one is carbonated and the other is not. Eliminating this arbitrary distinction will simplify bottle returns and increase recycling. Therefore,we urge you to VOTE YES ON MEASURE 37. Brian Fuller,General Manager John Romero,Owner BRING Recycling West Slope Garbage Service David McMahon, President Betty Patton, President Cloudburst Recycling Recycling Advocates Aaron Cubic Karyn Kaplan Solid Waste Manager Recycling Advocate Rob Guttridge Professional Recycler (This information furnished by Betty Patton, President, Recycling Advocates;John P. Romero, Owner, West Slope Garbage Service;Rob Guttridge, Professional Recycler;Aaron Keith Cubic, Solid Waste Manager;David McMahon, President, Cloudburst Recycling, Inc.;Karyn Kaplan, Recycling Advocate;and Brian Fuller, General Manager, BRING Recycling) (This space purchased for with a petition containing the signatures of 2,500 voters eligible to vote on the measure in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 110 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 37 Measure No. 37 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION OREGON GROCERS SAY: Recyclers:Measure 37 would Damage Oregon's Curbside Recycling Programs "MORE DEPOSITS BRING BETTER RETURNS" We are long-standing advocates of Oregon's Bottle Bill and curb- side recycling programs We are also strong opponents of Many years ago, Oregonians created a pioneering law that Measure 37 OSPIRG's costly new deposit ini tiative. mandated bottle deposits on carbonated beverages. Now, we have an opportunity to broaden our deposits system to Here are some facts to consider! include other beverages in similar containers. Studies show that container deposits result in a recycling rate • Oregon now has the best Bottle Bill in the nation. three times greater than curbside recycling alone. Measure 37 • Oregon's communities now have among the best curbside will help reduce our mounting levels of trash. Placing a deposit recycling programs in the nation. on all beverages in like containers will also reduce confusion for WE THEREFORE ASK, if our Bottle Bill and curbside recycling retail workers and for consumers, as to which bottles bear a programs are working so well together,why disrupt a system that deposit. is clearly"not broken?" Oregon is blessed with a growing network of grocers who are environmentally concerned and aware. We do not share Why damage both the Bottle Bill and Oregon's recycling pro the fears of some who complain of having to redeem more grams with a badly-written bill? containers. These same kinds of complaints arise whenever recycling improvements are proposed. Yet after the new Measure 37 would: standards are implemented we will all find that we can live with them,lust as we did with our first"bottle bill" • increase recycling costs of non-carbonated drink contain- ers by up to six times for items now handled by curbside We urge the Oregon voters to speak for their own interests recycling;and and the interests of all; Vote for Measure 37! It's another create major confusions for consumers, store owners, step in the right direction. and recyclers as a result of arbitrary and unclear deposit requirements. (This information furnished by David ResSeguie, Sundance Natural Over 20 of the original sponsors of our present Bottle Bill,includ- ing the Bottle Bill's author Paul Hanneman, have joined together Foods;Marta Boyett, General Manager,Ashland Community Food Store, to warn that Measure 37 would undermine the Bottle Bill. and Barbara Winn,Heliotrope Natural Foods.) Join us, as well, in supporting the present Bottle Bill,and in pre- serving Oregon's recycling programs. VOTE NO on 37! Stop OSPIRG's Deposit Initiative John Drew,Oregon Recycler of the Year, 1992 John Fletcher,President,Container Recovery (the largest recycler of beverage containers in Oregon) Philip Hatch,Owner,Central Oregon Recycling Craig Sherman,Former Chair,Association of Oregon Recyclers' John Lucini,Vice Chair,Oregon Recycling Markets Development Council' *Titles and affiliations are for identification purposes only. (This information furnished by Whitney Friel,Oregonians Against Measure 37.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- the acouracy orttruth of ofan Oregon,tatemenamadehn the argument the accuracy orttuth of of Oregon, nyg tatemenamadehn the argument 111 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 37 Measure No. 37 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION BOTTLE BILL AUTHORS OPPOSE MEASURE 37 OREGON'S SMALL STORE OWNERS ON 37 In 1971, working together as legislators, we enacted Oregon's URGE NW historic Bottle Bill.We are proud of this achievement. Measure 37 would hit us hard.It would also hurt our customers. Now, 25 years later, we have studied Measure 37 and have Measure 37 is complicated and would create huge new costs for reached some very basic conclusions: small store owners like us • The result of Measure 37 would be to destroy the effective- Under today's Bottle Bill, it's simple. We sort the empties into 6 ness of our existing Bottle Bill and damage our state's grow- categories in our back rooms. But Measure 37 would force us to ing curbside recycling programs. sort hundreds of new container types into at least 60 different • Measure 37 is a very badly written proposed law. categories--causing our costs to skyrocket! Please join us in voting NO on 37 - STOP the costly deposit • Measure 37's complicated deposit requirements are arbi- initiative. trary and confusing. Oregon Small Grocers Association The bottom line is this:the Bottle Bill works because it is sim- (Partial List) ple and clear. Measure 37 will not work, because it is com- plicated and unclear! Louis&Margie Johnson Gordon&Dolores Nelson Please join us in voting NO on 37. Hilltop Market Nelson Family Market Ron&Nancy Heyerly Mike Rudy " Paul Hanneman,Author of the Bottle Bill, Coburg Market Bailey Hill Market State Representative 1971,Cloverdale Robert Nyman Steve&Sue Messer Tom Meeker,Bottle Bill Co-Author, Sery U Market Lawrence Street Market State Representative 1971,Amity Bill&Mary Christianson Lanell Smathers Gordon Macpherson,Bottle Bill Co-Author, Noti Market Mohawk General Store State Representative 1971,Newport Jim&Belinda Gracen Ken&Carolyn Larson Amazon Market& Minit Market Community Market (This information furnished by Whitney Friel,Oregonians Against Measure 37) Dana&Mary Haltonen Doug&Niki Engel Bill's Market Crow Country Store (This information furnished by Whitney Friel,Oregonians Against Measure 37) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) Etheaccuracy inting of this argument does not constitute an endorse The printing of this argument does not constitute an endorse by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 112 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 37 Measure No. 37 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Ridiculous BOTTLE BILL CITIZEN ACTIVIST SAYS: VOTE NO on MEASURE 371 The Bottle Bill is simple--deposits on beer and pop. I don't like the confusing way this proposal adds all these new Measure 37 is poorly written and makes no sense. Consider the containers to our famous Bottle Bill,and I want to tell you why I deposit issue under 37: feel this way. ' • 6-ounce apple juice can--forced deposit When the Legislature approved our idea for a Bottle Bill in 1971, 5.5-ounce apple juice can--no deposit. we expected it would encourage recycling and stop the trend toward a "throw-away" society. We could find no other way for • 2-1iter bottle of water--forced deposit. pop and beer cans to get back into remanufacturing unless they 1-gallon bottle of water--no deposit. were returned to grocery stores. • Low-alcohol wine--forced de op_sit. There were no curbside pick-ups and no recycling bins anywhere Regular wine--no deposit. at the time. But we believed our 5 cent deposit would encourage people,and it did!We became the first state in the nation to have • Senior nutritional supplement--forced deposit. a Bottle Bill and I'm proud to have played a key role back in Vodka--no deposit. 1968. • Infant nutritional drink--forced deposit. I think Measure 37 is wrong because it dumps even more stuff Bottled coffee beverage--no deposit. on our grocery stores and AWAY FROM THE RECYCLING PROGRESS we've made these last 25 years. To make matters worse, 37 is so poorly written that it is UNCLEAR if dozens of other types of containers would require Measure 37 goes the wrong way. It's not in the spirit of our deposits,resulting in years of red tape and LAWSUITS. "Bottle Bill." As senior leaders, we want to continue to do our part for recy- I hope people in Oregon read my statement and keep our origi cling and litter control, but we want to do it under a well-written nal idea the way we intended it to be--simple. law--not under 37! Vote NO on 37 Please join me and vote NO on Measure 37. P Geneva Jones Glenn Gillespie Let's not trade away a good law for a bad law. Senior Citizen Advocate Senior Citizen Advocate Gladstone Portland James K.(Keith)Delaney Pacific City,Oregon Phyllis Rand Nancy J.Haugland Senior Citizen Advocate Senior Citizen Advocate NOTE Keith Delaney created the first known redemption- Portland Coquille facile for pop and beer containers in 1968 at Pacific CRY. Oregon and became a leading activi st for Oregon's Bottle 9 H.A.O'Bryant George Freck Bill"with Bottle Bill author Paul Hanneman. Senior Citizen Advocate Senior Citizen Advocate Astoria Portland (This information furnished by Whitney Friel,Oregonians Against Measure 37.) (This information furnished by Whitney Friel,Oregonians Against Measure 37.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 113 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 37 ARGUMENT IN OPPOSITION Oregon Farmers Urge a NO vote on Measure 37 WE SUPPORT THE CURRENT BOTTLE BILL, BUT Measure 37 is another matter! • This initiative will create confusion leading to higher consumer costs: It's confusing and arbitrary on which bot- tles are subject to the deposit causing more labor and expense at the supermarket when returned. • Why take products like health drinks and liquid nutri- tional formulas for infants and seniors back to stores when curbside recycling is working successfully in most Oregon Communities? • Farmers support our small grocers who would be injured by the confusing provisions of this law. • The original bottle law has gone a long way to clean up roadside,bottles which jam farm equipment and creates a hazard. Look at Oregon's roads today! Not many bottles or cans! • Common Sense says: If it's fixed, don't break it! Some folks don't know when to stop writing laws and start using personal responsibility and community action. We the Board of Directors of the Oregon Farm Bureau urge you to VOTE NO on Measure 37. We urge you to communicate with your families,friends and neighbors to do the same. (This information furnished by Board of Directors, Oregon Farm Bureau: John Rossner, President;Stan Handy, Rick Miller, Daryl Hawes, Debbie Scott, Vice Presidents;Larry Lear,Norm Pratt,Joan Silver, Tracey Liskey, Camille Hukari, Barry Bashue, Jack Burkhart, Dean Freeborn, Kathy Smith,Keith Nelsen,Neil Westfall, Charlie Barlow, Edmund Duyck, Doug Krahmer,Howard Sand,Board Members;Andy Anderson,Greg Leo,Don Schellenberg,Pete Test,Staff.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) F e printing of this argument does not constitute an endorse- nt by the State of Oregon, nor does the state warrant accuracy or truth of any statement made in the argument. 114 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 permit Proposed by initiative petition to be voted on at the General updertl orsthat arecotherlwise ex'emptfrom ORS 4688.050 are Election,November 5,1996. subject to this Act. (4) As used in this section: BALLOT TITLE (a) "Designated riparian land" has the meaning given in ORS 308.792 and includes state lands. (b) "Waters of the state" has the meaning given in ORS F> 'UV CK IN CM POLL" 4686.005. �3 dN 1AItiA � LiNpS SECTION 3. (1) Any person may commence a civil action in state court against any person, including the State of Oregon, FiE ULT 48-16f Vote"yyes alleged to be in violation of section 2 of this Act. The court may award any relief that is appropriate, including injunctive relief. s The court may also award the costs of litigation (including rea ,dEajUi� �"yfI , t?t8"r tt9r~!taw ptOtt�ii4a-•, sonable attorney and expert witness fees) to a prevailing party ate tr31 yeti to powt Ct Waters in at.. whenever the court determines such award is appropriate. The court may award costs of litigation to a defendant only if the court 1A3strr > €nrld prtttiitk£ti�tsto 'tr�'tx��iri sgrtsrs itt d finds that the action is a frivolous action. Jregrm,� # ent WO ,wa%4;'5 des trig m utate t � (2) No action may be commenced under this section prior to luox toy a s ytys$ tt"u pvtd L`t Cttr�8i,tt1�, 30 days after the plaintiff has given notice of the alleged violation ihf8ter s a� ,L ep rtirisnt }IGtlttErre r�tiow tt�". to the Director of the State Department of Agriculture and the p Vie( Ary ersrsn t1ty"` d alleged violator.60 iiw,Msppli�s trlst3t8,fer9erel srtrtp �'vt��- (3) The remedy provided by this section is in addition to any lari� �il8 regUifed t©comPitt may rr3ceie credtt�< other remedy,civil or criminal,provided by law for the violation of M3tir §gittsls dates s dead rentt� section 2 of this Act. 00" tit8t'afte�t Y , SECTION 4. Notwithstanding ORS 315.134(2)(d), any person a'tt t +1�lA# �t �TNfQGt� rrdituras required to comply with section 2 of this Act shall be eligible for a rr tiptt tax credit under ORS 315.134. SECTION 5. Any person required to comply with section 2 of O #� �Y frtt irtbt ?I <� this Act shall receive preference in obtaining funds: (1) From the Governor's Watershed Enhancement Board sJ„' • : under ORS 541.375, so long as the proposed project is part of a watershed action plan prepared by a local watershed council; AN ACT and Be It Enacted by the People of the State of Oregon: (2) From the Restoration and Enhancement Board under sec- tion 12,chapter 512,Oregon Laws 1989. SEQI ON 1. The waters of the State of Oregon shall be pro- tected SECTION from water pollution caused by livestock. (1) On public land,which includes federal lands: SECTION 2. (1) Except as provided under subsection (3) of (a) On January 1, 1997, for waters of the state that supply this section or allowed under a water,quality management plan drinking water or constitute salmon, steelhead or trout habitat; approved under ORS 568.900 to 568.933, no person shall allow and livestock in the waters of the state or within designated riparian (b) On January 1,2002,for all other waters of the state. land if the waterway is designated as water quality limited by the (2) On private land: Department of Environmental Quality and livestock contribute to (a) On January 1, 2002, for waters of the state that supply the violation of the applicable standards of water quality and puri- drinking water or constitute salmon,-steelhead or trout habitat; ty adopted pursuant to ORS 4686.048. and (2) Upon request by any person, the State Department of (b) On January 1,2007,for all other waters of the state. Agriculture may allow an exemption for the prohibition under subsection(1)of this section if the Department finds that: (a) The livestock are located at a livestock crossing or water- ing area that is designed, constructed, operated and maintained to minimize to the fullest extent practicable water pollution caused by livestock;or (b) The livestock do not contribute to a violation of, or impair- ment of, or prevent the maintenance of the applicable water quality standards of water quality and purity adopted pursuant to ORS 468B.048. (3) The prohibition under subsection (1) of this section shall not apply to: (a) Any incident in which livestock gain access to the waters of the state or designated riparian land accidentally or by some manner not within the control of the livestock owner provided the situation is promptly corrected and steps taken to minimize future incidents from occurring again;or (b) Any confined animal feeding operation in compliance with a permit issued under ORS 468B.050. Confined animal feeding 115 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 EXPLANATORY STATEMENT ARGUMENT IN FAVOR Currently,Oregon law authorizes the state to set pollution limits for bodies of water. If such limits have been established, the for have SEX ONCE then DIE State Department of Agriculture can adopt a program to regulate farming, including livestock operations, for the purpose of pro- Salmon, Trout and Steelhead (salmon) have a nasty habit of tecting water quality. The purpose of this measure is to protect having sex in the same tributary and rivulet of the Columbia the water bodies of Oregon from pollution caused by livestock. River Basin where they were born. Sex for salmon occurs cool clean waters above a bed of gravel. The female, churning the water, displaces smooth stream bed gravel to create a shallow If approved, this measure would prohibit cattle and any other bowl-like-depression called a Redd. Next she spawns sticky pink livestock that contribute to the violation of state water quality ova cells(eggs)with 1/2 the number of chromosomes present in standards from entering water bodies and adjacent affected her body cells.The male salmon--upstream from the redd's scat- lands if the water body is designated as water quality limited by tered eggs--gapes its mouth in orgasm while depositing milt.The the Department of Environmental Quality. Three exceptions are milt is spermatozoa which individually contain the other half of provided for in the measure: native salmon chromosomes. The hereditary characteristics of 1. Areas under a state water quality management plan; these two native fish transfer now in the fertilized egg to the next 2. Incidents of accidental access provided manner of access is generation of Salmon,Trout or Steelhead. not within control of the livestock owner and prompt steps Salmon--who entered Columbia's fresh water as silhouettes of are taken to minimize the chance of reoccurrence;and muscle weeks or months past, now languish; meandering with 3. Those feedlots and dairies that are licensed confined animal the current then die, washing up on shorelines, hanging feeding operations. lows--food for scavengers.What will local and ocean vengers do without salmon?A Link. In addition, the State Department of Agriculture may waive Salmon numbers have precipitously declined for many rea- compliance with the measure for livestock that do not contribute sons. Sex cool, highly oxygenated water is a habit salmon to violations of state water quality standards or for livestock at a have acquired over the millennia. Unrestricted grazing or the on uplands has occurred in Oregon for about 150 years. According designated livestock crossing or watering area if the crossing or ding watering area is designed, constructed and maintained to mini- mize impact of livestock on the water body. a prime factor in destroying watershed values." A 1994 BLM report on Rangeland Reform states, "Primarily due to livestock Any person may sue to enforce the measure. If successful, gA a riparian "Taking away are in their condition r awayRanchers' Rights." bymandati g that remedies may include any appropriate relief including injunction livestock be fenced 100 feet from streams which are polluted by and attorney and expert witness fees. The person sued may livestock? What about Fish Industry's rights? Yes on 38. Your recover attorney and expert witness fees only if the suit is frivo- VOTE:Salmon's VOICE. Speak UP! lous. Suit may not be filed until 30 days after notice of alleged violation.is given to the livestock owner and to the State Department of Agriculture. SAFE SEX FOR SALMON!Copy&POST this report please. Persons required to comply with this measure may be eligible for a tax credit under existing Oregon law. Any person who is required to comply with the measure shall receive priority in (This information furnished by Zephyr Thoreau Moore.) funding decisions made by certain state water quality boards. The measure will apply to all water bodies in the state. It will be phased in over ten years, starting January 1, 1997, depend- ing on whether the water body is on public or private land. The measure applies first to water bodies which supply drinking water or provide salmon,steelhead or trout habitat. Committee Members: Appointed by: Elaine Rees Chief Petitioners Thane Tianson Chief Petitioners Joe Hobson' Secretary of State Lindsay Slater' Secretary of State Nina Johnson" Secretary of State 'Member dissents(does not concur with explanatory statement) "'5th member appointed by Secretary of State because committee members could not agree on selection. (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) (This space purchased for$50o in accordance with 1993 Or.Laws 811§11.) Ftheaccuracy rinting of this argument does not constitute an endorse- by the State of Oregon, nor does the state warrant or truth of any statement made in the argument. 116 CONTINUED-0 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN FAVOR ARGUMENT IN FAVOR The following organizations endorse Measure 38: FAMILY DOCTORS SUPPORT MEASURE 38 FOR HEALTHY STREAMS American Canoe Association, Northwest Environmental Northwest Division Defense Center Water is the lifeblood of Oregon. However,decades of irrespon American Rivers Northwest Rafters Association sible livestock grazing have caused many of the streams and American Whitewater Affiliation Northwest Sportfishing rivers in Oregon to become unfit for human use and unsuitable Association of Northwest industry Association for fish and other wildlife dependent on healthy streams. Steelheaders Obsidians Audubon Society of Corvallis Oregon Anglers eases are spread v live ^anaerous oara��tic and bacterial di orrdtum Audubon Society of Portland Oregon Clean Water Coalition stock E.coil, Wardle,Campylobacter,and Cryp tos p Blue Mountain Native Oregon Environmental are just some of the more common organisms that cattle deposit Forest Alliance Council in our water. Cascade Canoe Club of Salem Oregon Kayak and Canoe Central Oregon Audubon Society Club According to an article written by Oregon State University Citizens Interested in Bull Run Oregon League of 9 Coast Range Association Conservation Voters researchers: Columbia Gorge Audubon Oregon Natural Desert Society Association "As recreational use of rangeland streams increases, Columbia River United Oregon Natural Resource the possibility of contracting disease from the water Earth and Spirit Council Council will increase. Some potential diseases that can be Earthsave,Bend Chapter Oregon Peaceworks loansfe red to humans tuberculosis bruceilosism�anld Eastside Conservation Ontology Oregon Shores Conservation Ecotours of Oregon Coalition tetanus"(Bioresource Technology,1994) Eugene Natural History Society Oregon State Public Interest Federation of Fly Fishers, Research Group Most people who live in areas used by livestock know not to Oregon Council Oregon Trout drink or bathe in local surface waters. However, every year, Friends of Cedar Springs Oregon Wildlife Federation many visitors to these areas make the mistake of drinking or Friends of the Clackamas River Pacific Coast Federation of even just swimming in these contaminated waters, and some Friends of Neskowin Fishermen's Associations arrive at the emergency department with distressing, often seri- Friends of Neotropical Migrant Physicians for Social ous dysenteries as a result. Birds Responsibility Friends of the Oregon Coast Predator Defense Institute Measure 38 is a reasoned, moderate and proven approach Rainand Fly Friends of Smith and Bybee Restl he WesCasters to solving the problem of livestock-based water pollution. Lakes Friends of the Upper Willamette Rogue Fly Fishers River Salem Audubon Society Livestock are one of the primary sources of pollution of our pub- Headwaters Santiam Flycasters lic waters.In fact,most polluted streams in Oregon will test posi- Hells Canyon Preservation Santiam Whitewater tive for potentially dangerous fecal bacteria originating from Council Association livestock. Humane Society of the United Sierra Club Oregon Chapter States Siskiyou Audubon Society Measure 38 is simple and straightforward. Klamath Siskiyou Coalition Siskiyou Project Lane County Audubon Society Society Advocating Natural If public waters are polluted by livestock,then the livestock must League of Women Voters of Ecosystems p Oregon Soda Mountain Wilderness ask o removed until the water is cleaned up.This is not too much to Mazamas Council McKenzie Flyfishers Umpqua Valley Audubon Protect yourself and your children. Mid-Willamette Fly Fishers Society National Parks and Water for All If you want healthy streams Conservation Association Water Watch of Oregon vote YES on Measure 38! National Wildlife Federation The Wilderness Society Native Fish Society Willamette Kayak and Natural Resources Defense Will mette Rberkeeper Stuart Garrettu' MD Council MD Northwest Environmental Robert D.Jensen,MD Advocates Steve Mann,DO Craig Miller,MD Patrick Shipsey,MD (This information furnished by Bill Marlett, Oregon Clean Stream Initiative.) (This information furnished by Craig Miller,M.D.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) [nt pribn tithe St is:argume:nt Ordo nor does thete a eendorse- menprinting f tateao9 Oregon nor does thetstat=waant y accuracy or tru anatement made in the argument. the accuracy or truth of any statement made in the a 117 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN FAVOR ARGUMENT IN FAVOR TROUT,SALMON,AND STEELHEAD NEED FORMER OREGON DEPARTMENT OF FISH&WILDLIFE COOL,CLEAR WATERS BIOLOGISTS URGE A YES VOTE ON MEASURE 38 FISHING MEN AND WOMEN OF OREGON URGE A YES VOTE ON MEASURE 38 LET'S CLEAN UP OREGON'S POLLUTED STREAMS Past and present livestock grazing practices have damaged thousands of miles of streams in Oregon.This cans ell disaster Oregon citizens have a right to clean water. The time has come for native salmon and trout p to bring the pollution of public waters under control. Measure 38 gives Oregonians a voice in cleaning up streams degraded by Livestock often congregate near streams and rivers, especially livestock. during hot summer months. As they graze along our public waterways,livestock: Five compelling facts are the basis for a YES vote to restrict live- • Trample streambanks stock grazing in or along certain polluted waters in the state: • Eat shading vegetation • Oregon's rivers and streams belong to the public • Defecate and urinate in streams When streams become too warm and muddy- ative fish simply • Over 9,000 miles of Oregon streams have been polluted by cannot survive. livestock grazing. Many native fish stocks are now extinct,and man more are • Livestock-based water pollution is caused by streambank seriously threatened as a direct result of past and present water too wa mtorr muddy to support salmon and lants; this in livestock grazing practices. According to a report issued by Bureau of Land Management: On private forest land, streams and streamside areas are pro- tected from logging damage by laws passed by the State "Most salmon stocks that use rangeland streams Board of Forestry. The livestock industry has no laws to are at risk." prevent stream damage by grazing cattle on either private or In many tributaries of the John Day and Grand Ronde rivers, public land. native salmon, steelhead, and trout are now confined to small Studies conducted by the Oregon Department of Fish and tributary streams,where water is still cool enough to support fish Wildlife have consistently shown more salmon and trout life. present in stream sections where livestock were excluded. This huge reduction in salmon and trout habitat, caused by irre sponsible livestock grazing, has reduced sport and commercial Measure 38 will provide benefits for all Oregonians: fishing opportunities substanti Ilv throughout Oregon. This, in Improved water quality and quantity statewide. turn, hurts thousands of fishing businesses. The resulting s, in Increased salmon and trout populations. eco- nomic loss to local communities is staggering. Better wildlife habitat. If Measure 38 is a proved b y O g • Better recreational opportunities. re Oregonians,it will begin the • A sense of pride in stewardship of our most precious natural long process of restoring the health of polluted streams resource–water. through the state. Once these streams have been restored, they should again be Vote YES on Measure 38 for Clean Streams! able to support h�althv populations of nativ salmon and trout, providing benefits not only to the fishing men and women of Larry Bisbee,retired Game Fish Specialist Oregon,but also to communities across the state. Homer Campbell,retired Assistant Supervisor,Fisheries LET'S CLEAN UP OUR STREAMS Research BEFORE IT'S TOO LATE! John Donaldson,retired Director SALMON CAN'T WAIT...VOTE YES ON 38! Jim Fessler,retired Regional Supervisor,Southwest Region Thomas Gilg,Oregon Council of Federation of Flyfishers Jim Griggs,retired Trout Program Leader Craig Lacy,Fly Fishing Outfitter on the Deschutes and John Day Rivers Greg Hattan,retired Fish and Wildlife Biologist Frank Moore,Idleyid Park,Oregon Jim Lichatowich,former Assistant Chief of Fisheries Don Watson,Association of Northwest Steelheaders Bob Phillips,retired Assistant Chief,Habitat Conservation Glen Spain,Pacific Coast Federation of Harry Wagner,retired Chief of Fisheries Fishermen's Associations Harold Winegar,retired Regional Habitat Biologist (This information furnished by Craig Lacy.) (This information furnished by Homer Campbell; Paul Loney, Oregon Wildlife Federation.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse EThe nting of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant y the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. uracy or truth of any statement made in the argument. 118 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 F. ARGUMENT IN FAVOR ARGUMENT IN FAVOR TRIBAL MEMBERS SPEAK IN SUPPORT OF HELP BRING BACK FISHING INDUSTRY JOBS CLEAN WATER AND HEALTHY SALMON VOTE YES ON MEASURE 38! Water is the land's blood. It the blood is diseased,the land can- not live. The health of the land and the water are as intimately im u sport fishing men and women, are acutely aware of the connected as the health of our own flesh and blood. mpact the loss of habitat has had upon our salmon and trout resources.As the fish go so goes our industry. Whether we recognize it or not, we are a part of the land. If we the sportfishing industry has seen the poison the blood of the land, we cannot remain healthy.To pot loss last ten years, son the earth's blood is to steal the health of this land from our loss of 50,000 jobs related to salmon and steelhead children. declines.Tens of thousands more jobs have been lost in the commercial fishery as well. Measure 38 is fully in keeping with the Tribes'salmon restoration plan, Wy-Kan-Ush-Mi Wa-Kish-Wit,Spirit of But we believe this doesn't have to be the case. Thankfully, a the Salmon,whose goal is to return clean,healthy streams group of concerned Oregonians have come up with an essential to Oregon's natural landscape. part of the solution: Measure 38, the Oregon Clean Stream Initiative. The blood of this land will not be healthy until it flows cold and We support Measure 38 because it is reasonable,allowing clear even on the hottest day in the deepest desert.until It flows for exceptions and giving individuals at least 5 years to ver clean gravel under a canopy of shade until its flow is correct pollution problems and HEAL their streams. bounded by stable stream banks and until its flow bathes thirsty p P wetlands with its nourishment. Statewide opinion polls show that a majority of Oregon vo ers The time for us to quarrel and fight is long past. For the sake of agree that livestock don't belong in our streams. The people of our children and our individual honor and integrity, and for the Oregon love our salmon,trout,and other fish populations.These sake of all earth's creation, we must now work together to put fish define who we are,and they reassure us of the quality of life things right with the body and blood of this land. that we have come to treasure. FOR OUR CHILDREN,FOR OUR RIVERS... Measure 38 will help restore salmon,and salmon restoration means: VOTE YES ON MEASURE 38 • More jobs Rudy Clements, Oregon tribal member of Confederated • Stronger local economies Tribes of the Warm Springs Indian Reservation • An investment in Oregon's future Nelson Wallulatum,Chief of the Wasco Tribe Let's use Measure 38 to reach out and share our love of the land and our love of our salmon resources. (This information furnished by Warren R.Clements.) VOTE YES ON 381 Liz Hamilton,Northwest Sportfishing Industry Association Buzz Ramsey,Luhr Jensen and Sons Frank Amato,Frank Amato Publications Tom Posey,President,The Tom Posey Company B.G. E!lertson, President, Northwest Sportfishing Industry Association (This information furnished by Liz Hamilton, Northwest Sportfishing Industry Assoc.) (This space purchased for$500 in accordance with 1993 Or,Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- Mment ng of this argument does not constitute an endorse ment by the State of Oregon, nor does the state warrant the State of Oregon, nor does the state warrant the accurac or truth of any statement made in the argument. acy or truth of any statement made in the argument. 119 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION OREGON ECONOMISTS SAY OREGONIANS PROMOTING COOPERATION, CLEAN WATER MAKES GOOD SENSE NOT CONFLICT VOTE YES ON MEASURE 38 The Livestock Exclusion Initiative Measure 38 will have a r markably12ositive impact on the state's This measure is actually intended to exclude livestock from gri- n m . it also is fair. It doesn't ask ranchers to stop grazing vate lands in Oregon. Support of clean water is universally sup- their cattle. It asks them only to graze their cattle where it won't ported, however Ballot Measure 38 has the potential to destroy impose big costs on others. Oregon's high quality of life, economics and harmony. Everyone with livestock, because of it's definition, will be affected by this Without Measure 38,cattle will continue to pollute Oregon's measure. Fencing private property streams even on small streams and rivers. These actions impose large costs on acreages will be required of land owners who raise livestock for Oregon's economy: recreation or 4-H projects.Livestock included are llamas,horses, cattle,goats,sheep,chickens,turkeys and other animals. • Businesses and their customers plus local water districts and their ratepayers all pay increased costs of water treatment The definition of "pollution" in Ballot Measure 38 is defined by because of the increased bacteria, sediment and other pollu- water temperature and certain levels of aquatic plans, dissolved tion caused by cattle. oxygen,habitat,or sediments more stringent than would be pos- sible to achieve in much of Southern and Eastern Oregon. Even • Commercial fishermen lose jobs and incomes because cattle pristine wilderness streams essentially untouched by human grazing in and along streams adds to the destruction of activities can be considered"polluted"under the restrictive terms salmon and trout habitat. defined by this initiative. • Recreational fishing and related businesses lose pleasure or Measure 38 introduces endless litigation against land owners for income as a result of water pollution and related habitat loss alleged violations at just a time when Oregonians are working caused by cattle grazing in and along streams. together to protect watershed health and water quality. The impact to the already congested court system threatens to bur- • Oregonians pay higher taxes and fees for dredging reservoirs den further Oregon's taxpayers and exacerbates the division and river channels to remove sediment added by cattle. between urban and rural Oregon. • Taxpayers, individuals, and businesses all bear the damages Grazing is an important tool in controlling volatile fuels and wild- from increased flooding, caused in part by loss of streamside fires. Without grazing, landowners may be encouraged to subdi- vegetation from grazing cattle along streams. vide or develop land because of its reduced agricultural value. Hunters,fishermen and other visitors to private lands will find the Healthy streams play vital roles throughout the state's significant liability and litigative issues introduced by the Measure economy.In contrast,cattle ranching in its entirety 38 adversely affecting their access to private property. accounts for less than one percent of the state's employment. The Wallowa County Chamber of Commerce, a county wide organization of business people, is supportive of true environ- Measure 38 will affect only a small portion of cattle ranching by mentalism and of clean water, but has deep concerns regarding restricting grazing from only certain polluted streams - those Measure 38. most in need of recovery. Don't let a few words like "Clean Streams"and "Pollution" blind Faonomically this measure is a clear winner with substantial You to the truth. Measure 38 is a carefully crafted measure befits enlgyed by many and sMall Costs borne by very few, designed to severely limit livestock on private lands. VOTE NO Moreover, this Measure 38 offers assistance -tax credits and ON MEASURE 38. grants-to help cattle ranchers protect rivers and streams. VOTE YES ON MEASURE 38! (This information furnished by Eve Sheehy, Wallowa County Chamber of Ed Whitelaw,Ph.D. Commerce.) Tom Hibbard,Ph.D. Patricia Lindsey,Ph.D. Raymond F.Mikesell,Ph.D. James P.Zil!ak,Ph.D. David N.Figlio,Ph.D. Bill Harbaugh,Ph.D. (This information furnished by Ed Whitelaw,Ph.D.) (This space purchased for$500 in accordance with 1993 Or.Laws 811 11. § ) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) Etheaccuracy inting of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 120 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION I think the fencing initiative is terrible for Oregon and even worse LOOK WHO OPPOSES MEASURE 38... for us here in Tillamook County. Here is just a sample list of individuals and groups who are part We have tried very hard to work with all the government pro- of a broad-based coalition opposed to Ballot Measure 38: grams to improve streamside habitat for our fisheries. We are Association of Oregon Counties already planting trees and building fences on our riverbanks to Tillamook County Creamery Association improve water quality, and we are making more progress than Jack Roberts,Bureau of Labor&Industries Commissioner ever before. We usually have a voice in how the work is done. Oregon State Building&Construction Trades Council Now this initiative comes along that will destroy our partnerships. Bob Buchanan,former Director,OR Dept.Of Agriculture Oregon Association of Realtors It's like kicking a person when they're down because many of us Oregon House Speaker Bev Clarno have not recovered from last winter's floods and we aren't deliv- Oregon House Majority Leader Lynn Lundquist ering as much milk to our cheese plant as we did before. Oregon Dairy Farmers Association Tillamook cheese is a cooperative of dairymen, and what hurts Oregon Cattlemen's Association one of us hurts us all. If this fencing initiative passes, it will force Water For Life even more expense on us. We have survived for nearly 90 Oregon Farm Bureau years,but now we have to spend again to fight this new initiative. Or Bob Smith Hunters Association,ci o Congressman Chapter Oregon Quarter Horse Association Tillamook farm people will always be grateful for the help we President--Northwest Intertribal Agriculture Council Evans Spino, received after the floods destroyed so much of our property. Ranchers for Conservation State Rep.Chuck Norris-Hermiston But we sure don't understand why some others come along now Farmers Co-op Creamery and make life worse for everybody again. Lane County Farm Bureau Wallowa County Board of Realtors Please help us defeat this fencing initiative number 38. Oregonians for Food&Shelter State Rep.Larry Wells-Jefferson State Rep.Kevin Mannix-Salem Oregon CattleWomen Association of Rangeland Consultants (This information furnished by John Craven,Jr.) State Rep.Jim Welsh-Elmira State Rep.Veral Tarno-Coquille State Rep.Tim Josi-Bay City State Rep.Bob Montgomery-Cascade Locks State Rep.John Minnis-Portland State Sen. Eugene Timms-Burns Oregon Forest Industries Council Oregon Horseman's Association Oregon Lands Coalition Oregon Thoroughbred Breeders Association Oregon Sheep Growers Association Save Our Industries&Lands State Sen.Rod Johnson-Roseburg State Sen.Bob Kintigh-Springfield Harney County Stockgrowers Association Agricultural Cooperative Council of Oregon Oregon State Grange Heppner Chamber of Commerce Louis Carlson and Don McElligott,Morrow County Commissioners Oregon Pinto Horse Association Coos-Curry County Farm Bureau Benton County Farm Bureau Josephine County Farm Bureau Board of Directors State Rep.Bill Fisher-Roseburg Linda Johnson,Harney County Chamber of Commerce Eastern Oregon Visitors Association "Don't Fence Oregon" Join Us--Vote No on Measure 3811 (This information furnished by Laura Cleland,Don't Fence Oregon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased-for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse warrant he accuracy oritruth of of any statementt the state the argumentt ment by the State of anygstatementt made in the argument. 121 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Tillamook County Creamery Association Oregon's Well-Known Dairy Industry --A Farmer-Owned Cooperative-- Will Lose Under Measure 38 Urges a"No"vote on Ballot Measure 38 Known for our famous Tillamook Cheese®and dairy products, Wheth er it is cheese, milk, ice cream, or some other dairy prod- g dairy industry is in the top of its class. As dairy many Oregonians consider us "Oregon's dairy." We and the farmers who bring you these products, we touch the lives of many farmers who make up our state's dairy industry are proud almost every child and adult in the state. We are proud of this of that.This quality reputation has taken us years to develop. tradition and heritage. We've endured some real hardships along the way, like last For many of us in the industry, last winter's record-setting floods winter's flood that put the better part of Tillamook County under- were a crippling blow.Some farmers lost entire herds,in addition water.Many farmers lost nearly everything after fighting to save to their homes and barns.Dairy farmers don't give up easily. their precious homes and dairy herds.With help from throughout the state, many farmers are now rebuilding their lives and liveli- hoods. Many of the farmers who were hardest hit are rebuilding. We appreciated the help from Oregonians--especially the help from On top of the flooding, our farmers are facing record-high feed school children--that we received. costs and a thin year for grass for the herds. Milk production is still down eight percent,but we think we're making progress. Just when things are looking better, extremists placed Measure 38 on the ballot. Now Ballot Measure 38 poses a bigger threat than flooding Mother Nature Couldn't Destroy The Dairy Industry, But If Measure 38 passes, Tillamook dairy farmers will be bracing Measure 38 Could! for confrontation and a new flood of litigation. This is an extreme measure that all Oregonians should oppose. This measure would While the Measure proponents say the dairy industry may be many Oregon waterways.)At anminimum live ock o'wne scwould exempt,the ballot language appears to contradict that. Because have to fence all waterways on their property.This would be pro- of abundant water along the northern Oregon Coast,Measure 38 hibitively expensive. could force about one half of the grass land in Tillamook County to be off-limits to dairy operations. Extremists Would Flood the Court System With Litigation. Under this measure, extremists who are determined to shut Worse than confusion and confrontation Ballot Measure down the dairy industry are likely to file an endless stream of 38 encourages lawsuits lawsuits.If a cow accidentally got into a stream or within 100 feet of a stream, dairy farmers could be subject to a citizen lawsuit. It's very likely that dairy farmers could face additional, expen- Frivolous lawsuits are already a problem, and this measure sive, frivolous litigation. This measure allows anyone from any would promote further litigation. state to sue a Tillamook farmer.That's a bigger threat than what we've faced just in the past five years, spending over$500,000 Extremists shouldn't be allowed destroy a nationally-recognized to answer unfounded legal actions against our Association and industry through litigation.We are good stewards of our land and our members. our herds. Without this stewardship, our land would not be pro- ductive and we could not earn a livelihood. Make the right choice:Vote"No"against confrontation and litigation Please join us in opposing this extreme measure. We need your help. Stand up against confusion, confrontation Preserve Oregon's Dairy Industry: and pointless litigation. Vote"No"Vote on Measure 38. Tillamook County Creamery Association Encourages Oregonians to vote"No"on Measure 38 (This information furnished by Bernie Faber, Oregon Dairy Farmers Association.) (This information furnished by Harold Schild, Tillamook County Creamery Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 122 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Oregon State Building And Construction Trades Council Statement in Opposition to Measure 38 Urges a No Vote on Measure 38 By Bob Buchanan,Former Director Oregon Department of Agriculture The 30,000 working men and women of the construction trades industry urge Oregon voters to oppose ballot mea- For OREGON,For AGRICULTURE,Vote NO on 38' sure 38.As an organization,we have been, and will continue to be,advocates for a clean,healthy environment. Agriculture:Oregon's#1 Industry Most Oregonians benefit either directly or indirectly from agricul- We support clean streams, but we don't support this measure. ture. Jobs in our cities, services, exports and lower food prices We oppose this extreme measure for the following reasons: are but a few indirect benefits of the $3.2 billion contribution to our economy.A large share of this comes from our ranches and • Our members enjoy hiking,fishing,hunting,and horseback rid- farms, especially east of the Cascades. Our future, as our past, ing in Oregon's wide open spaces. If this measure passes, pri- will have deep roots in the soil. vate landowners who allow us access to their lands to enjoy these activities could no longer share their land with us. Clean Streams are Everyone's Goal Liability questions and the fear of lawsuits would force land Ranchers and farmers value clean streams as much as the rest owners to restrict access to their property. of us! The blame for declining salmon runs and other fish are due to a wide variety of causes, the riparian effects of grazing •This measure would hurt wildlife. This measure requires that being only one of dozens of such causes.To single out this one landowners fence many.streams and other bodies of water. cause of water quality degradation is unfair and will not lead to Barbed wire fences along streams are not only an eyesore,but any more clean streams than exist today.The consequences of these fences also would prevent elk, deer, antelope and other passage of Ballot Measure 38 will be to cause extreme hardship wildlife from being able to water at streams. In attempting to to dairy farmers, livestock, recreational animals,and our growing } cross fences, wildlife will get caught in the barb wire and harm community of emu, ostrich, and llama producers. Measure 38 is themselves. unworkable, unfair and will cause many more problems if imple- mented than the current situation. •We don't like the idea of more lawsuits,especially lawsuits that are designed to harass hardworking families. We believe that It's not the Oregon wad Oregonians are innovators. We are not afraid to try new solu courts should be the last avenue to pursue in a dispute.There are many cooperative programs underway to improve Oregon's tions to make our lives better.The Oregon way has been a way watersheds...let's try and work together before we head to the of voluntary cooperation toward a shared goal. If we are to meet courthouse. the clean water challenges of the future, we must work together to find truly workable solutions. The confrontation and lawsuits generated by this measure will cause conflict and lost time and •This far-reaching proposal affects more than just cattle ranch- money that could otherwise be used to improve water quality. In ers. In most cases, Measure 38 will prohibit the grazing of Oregon we make progress when we work together, not build llama, horses, buffalo, sheep, and other livestock species from fences of controversy. along streams and they will be unable to drink from many Oregon ponds and streams. Please Join me in voting NO on Measure 38.For the sake of Oregon's future,Don't Fence Oregon' If you support wildlife, clean streams and fewer lawsuits, vote no on Measure 38. Bob Shiprack, (This information furnished by Bob Buchanan.) Oregon State Building And Construction Trades Council (This information furnished by Bob Shiprack, Oregon Building Trades Council.) J (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 123 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION DON'T ENCOURAGE LAW SUITS BY ACTIVIST LAWYERS Choose Cooperation Over Confrontation Say No to Frivolous,Harassing Lawsuits VOTE NO ON MEASURE 38 Voting no on Measure 38 is absolutely necessary to protect Measure 38 is not about clean streams. It is a draconian attempt ranch and farm families from frivolous,harassing lawsuits.Voting by extremists to eliminate ranching in Oregon through endless no will also allow cooperation to triumph over confrontation. court actions against targeted landowners. The negative impact of Measure 38 will grow worse with time, since it provides a If Measure 38 passes, it will allow thousands of lawsuits to go ready source of funding for activist lawyers to file additidnal law- forward without any defined injury or cause and almost no bur- suits. den of proof.Measure 38 is the road to confrontation! This change in state statutes would allow any person, even Defeating Measure 38 is the road to cooperation! People someone not living in Oregon,to commence a civil action in state working with-nature and working together out on the land is what court against any person, including the State of Oregon, whom improves management, helps fish, and provides diversity for they allege is in violation of this Act. wildlife. The language used in the proposed law is very ambiguous, and Just as your family is so very unique and special,so must be our therefore will require court action to ultimately determine its actu- management of land and water. Each stream has its own geo- al scope. While proponents would like you to believe it will only logical structure and its own hydrological and biological needs. impact ranching operations which are causing significant pollu- tion of an Oregon waterway, it could apply to anyone who has a Ranch and farm families are continuously seeking new ways to pet animal and a watering source on their own property. The better manage their operations. For example, the Watershed scary truth is only the courts can determine who this law will Ecosystem Program (WESt) brings together ranchers and affect and how. assists them in learning how to better manage the watershed t they live in. Willow and shrub planting, water temperature moni- Measure 38 promotes conflict not cooperation, an approach toring,habitat and nesting site development are just some of the opposed by the top leaders in our state government and respon- tools used in this program. sible environmental groups alike. It builds barriers between agri- cultural producers and legitimate environmentalists. It will force New grazing techniques are also being practiced that are adap- landowners to post their property to protect against lawsuits,bar- tive to nature's dynamic changes and that duplicate many of the ring citizen access to private lands for fishing,hunting,hiking and physical and biological processes of buffalo and other native wildlife viewing. grazing animals. Zealots have succeeded in tying up Oregon's second largest Measure 38 will effectively end hundreds of cooperative man- industry, forestry, with frivolous court actions and legal delays. agement efforts and will force small and medium sized family Now they want you to provide the mechanism to do the same ranches out of business. thing to the state's leading economic contributor--agriculture. Agriculture is the largest industry in Oregon, and livestock busi- Don't replace the spirit of neighborly cooperation with court sub- nesses are a large share of that industry. Don't let litigation poenas. Don't use dollars ear-marked for environmental become the number one industry in Oregon! improvement programs to line the pockets of out-of-state lawyers.VOTE NO ON MEASURE 38. Promote cooperation, not confrontation by voting "No" on Terry Witt,Executive Director Measure 38. Oregonians for Food and Shelter Fred Otley,President Evans Spino,President Oregon Cattlemen's Northwest Intertribal Association Agriculture Council (This information furnished by Terry L. Witt, Oregonians for Food and Shelter,Inc.) (This information furnished by Fred Otley, Oregon Cattlemen's Association;Evans Spino,Northwest Intertribal Agriculture Council.) L� (This space purchased for$500 in accordance with 1993 Or Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 124 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Dear Voter: NO MORE HAPPY TRAILS, IF MEASURE 38 PASSES I am writing to ask you to vote against Ballot Measure 38.This is an extreme measure that could ruin many Oregon families and For the thousands of Oregonians who enjoy horse back riding, result in lawsuit after lawsuit. I am opposed to this measure Measure 38 casts a dark cloud over the future of this recreational because it is a conflict-based approach that will drive a wedge past time.Please help us defeat this harmful measure. further between Oregon's rural and urban communities. Oregon Quarter Horse Association members who live in every If Measure 38 passes, in many situations, it will place farm and corner of the state and the thousands of other individuals who ranch families under the threat of a lawsuit every time one of support or are involved in the horse industry oppose this mea- their animals drinks from certain streams. Even worse, in almost sure! all cases, only the person bringing the lawsuit will be able to recover attorney fees and court costs. END OF A TIME-HONORED TRADITION As a rancher and a steward of the land, I know most ranch and We are concerned that Measure 38 will bring an end to a time- farm families live simply.They cannot afford to pay attorney and honored Oregon tradition. This measure would require families legal fees if this measure passes. The use of litigation and con- or individuals who own just'one or two horses on a pasture near flict is not the way to manage Oregon's environment. their home to fence streams that separate one pasture from another. At $10,000 per mile, most Oregon families couldn't In recent decades, I have seen farmers and ranchers involved in afford this expense. many positive, cooperative environmental programs. These include watershed councils, salmon recovery plans and the KIDS WILL SUFFER Oregon Cattlemen's Watershed Ecosystem Management Program. Under the Cattlemen's program, ranching families are All children are drawn to horses at some point in their lives. Can learning from scientists about how to better care for their water- sheds and streams in order to increase habitat for wildlife and ride on a horse? This measure would dramatically reduce their fish on over 1,400 miles of Oregon streams. On-the-ground pro- opportunities. grams such as these, that involve private landowners, are the key to improving our state's resources. In addition to working with 4-H programs and Future Farmers of Oregon's resources should not be managed through divisive law- America groups, there is another special group of kids who also benefit from horses. Our Association sponsors a Southern suits aimed at rural families. Join in supporting cooperative Oregon program for disabled children. We have found that programs that benefit the environment and rural families. Please horseback riding is both great therapy and good fun for these vote no on Measure 38. children.Let's keep kids happy! Sincerely, ECONOMIC CONTRIBUTION Robert F.(Bob)Smith As a western state that still honors its pioneer past, agriculture Former Congressman and livestock play a significant role in Oregon's economy. Oregon's Second Congressional District Whether it's an early morning trail ride or a night at the horse races, Oregonians enjoy horses. This is an industry that con- tributes to many local economies. Don't let this measure change that! (This information furnished by Robert F. (Bob) Smith, U.S. House of Representatives(Ret.).) The Oregon Quarter Horse Association Recommends A No Vote On Measure 38 (This information furnished by Will Smith, Oregon Quarter Horse Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 125 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION IS MEASURE 38 REALLY ABOUT CLEAN STREAMS? Oregon Hunters&All Other Outdoor Enthusiasts Will Lose Under Measure 38 1 1 1 The supporters of Measure 38 say we need clean streams. Oregon families,for generations,have enjoyed hunting,fishing, The supporters of Measure 38 say the fish can't wait. camping and hiking in Oregon's wide open spaces; however, Measure 38 is now a serious threat to these outdoor activities. How can you argue with that? Oregonians have been able to use federal and state lands You can't! almost at will and many have hunted,fished and camped on pri- vate property owned by ranchers and farmer all over the state. Often,all it took to gain access to their property was a knock on But that isn't what Measure 38 is all about. their door. WHAT IS MEASURE 38 REALLY ABOUT? If Measure 38 is passed both private and public landowners will be required to keep livestock away from nearly all streams and The supporters of Measure 38 are attempting to characterize most other bodies of water.The measure does not apply to cattle cattle grazing as the leading cause of water pollution in Oregon. only since the definition of"livestock"includes horses,mules,lla- This assumption is both misleading and inaccurate) In fact, on mas,etc. June 3, 1996, the Oregon Department of Environmental Quality actually wrote to the measure's supporters informing them that Obviously, our federal and state agencies, already pressed for these statements were not an accurate characterization of the funds, cannot afford the fencing required to comply with this assessment developed by DEQ. measure. Access to these lands will be denied. Hunters, fisher- men, campers, hikers and others who use animals for riding or Water pollution is caused by many factors, both identifiable and packing will no longer be able to do so on public lands. unidentifiable. Pollution sources that are easily identified such as industrial or municipal sewage are only one type of pollution. Anyone Can Sue! No police force will have authority to enforce Other pollution sources that are not as obvious include water this measure. Enforcement will be done by lawsuit filed against runoff from urban and rural areas, recreation, agriculture, con- property owners. Any private citizen will be able to file a suit, struction, range activities and forestry.Making one industry the thus the potential scope and costs of liability suits that both pri scapegoat is not the answer. Improving water quality means vate and public landowners could face is unbelievable. Even reducing pollution from ALL SOURCES those ranchers and farmers who may not want to deny access to sportsmen will probably do so to avoid the prospect of lengthy WHAT ABOUT THE FISH? and costly litigation. Just as there are many causes of pollution, there are many fac- Don't be fooled by another misleading ballot title. Measure 38 tors impacting fish.The effects of ocean conditions, over fishing, serves only the interests of the "Environmental Extremists." All industrial and urban pollution and other activities must not be other Oregonians will surely lose much of their current freedom overlooked if we are to develop realistic solutions to the chal to productively use and enjoy Oregon's precious lands. lenges facing Oregon's fishery resource. Focusing only on cattle grazing will not fix the problem The Portland Chapter of the Oregon Hunter's Association Strongly Urge a"No"Vote On Measure 38 We have all contributed to the problem.As Oregonians,we must all work together to restore water quality and fish habitat. Water for Life urges you to vote"NO"on Ballot Measure 381 (This information furnished by Wendall Locke, Oregon Hunters Association,Portland Chapter.) (This information furnished by William D.Kennedy, Water for Life,Inc.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 126 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Dear Oregonians: PLEASE VOTE NO ON MEASURE 38 Ballot Measure 38 will destroy a way of life. The ranching com- Measure 38 is a wolf in sheep's clothing! munity is steeped in a rich heritage of caring for our land and cat tle.My husband's paternal great-grandfather settled in Oregon in Measure 38 will harm every Oregon resident who raises live- 1852, and his maternal grandmother arrived in Malhuer County stock, whether for business or pleasure. The measure DOES in 1893 by wagon from the Willamette Valley. NOT make a distinction between a large livestock producer, a small producer or even a 4-H student. My husband and I love our ranch and the opportunity it has given our kids and our grandchildren. Our grandchildren love to feed This measure would require every individual to make sure their baby calves,ride horses and ride in our stagecoach. livestock does not enter a body of water considered by the Oregon Department of Environmental Quality to be water quality We often rise at 4:00 a.m., working, riding hard and often not limited.The measure would also prohibit livestock from the land stopping for our next meal until 5:00 p.m. It is the joy we receive located immediately adjacent to these listed waters. from caring for the land and cattle that keep us going. Wildlife and Livestock Impacts Over the years, we have often had the privilege of sharing our home with our urban neighbors. Our children have grown up Owners of livestock would be required to build fences around sharing their homes with bankers, hunters,fishermen, photogra- certain streams, rivers,ponds and lakes to assure their livestock phers, backpackers and shopkeepers from all over the United do not enter the water and the areas around the water. These States and the world. fences will also restrict the access Oregon's wildlife would have to water and adjacent lands. If Ballot Measure 38 passes, those not forced out of business from fencing waterways at a cost of approximately$10,000 per More Litigation&Lawsuits mile will be faced with limiting access to visitors because of the potential of lawsuits and liability claims that could result from Measure 38 will result in more and more costly and unnecessary people visiting our ranches. Our way of life will be completely lawsuits. Rather than provide progressive solutions, this mea- + destroyed and the lands left to neglect. Everyone has seen what sure would grant any individual the ability to bring a court case happens to a lot in the city that no one cares for. against an owner of livestock allegedly violating the provisions of the measure.This is not the right direction for our state. Measure 38 is not about pure water. It is about removing live- stock and wildlife from the land. A vote for Measure 38 will Family Farms Under Fire destroy family farms and ranches and the culture and communi- ties dependent upon them.A vote against 38 will preserve family farms and ranches and will maintain Oregon's beautiful, wide For the small producer or family operation,the costs associated open spaces and quality of life. with fencing and the potential costs of unlimited lawsuits would be devastating. Many family operations may cease to exist if this Ranch and farm families thank you for your"No"vote on Ballot measure passes. I Measure 38. PLEASE VOTE NO ON MEASURE 38 Sincerely, Linda Lee Hanley (This information furnished by Carey H. Moffett, Oregon Sheep Growers President of Oregon CattleWomen Association,Inc.) Hanley Ranch,Malhuer County (This information furnished by Linda Lee Hanley,Oregon CattleWomen.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constit=argument.ment by the State of Oregon, nor does the state warrant endorse- ment by the State of Oregon, nor does th the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made i 127 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION DON'T FENCE OREGON! MEASURE 38 IS NO SOLUTION Farmers and Ranchers Urge a NO vote on#38 Oregon Lands Coalition has spent the past seven years work- PASSAGE OF THIS MEASURE COULD MEAN THE END OF ing toward balance and resolution of raging natural resource THE FAMILY FARM debates. While we have seen and heard much that can be deemed"atrocious",Ballot Measure 38 is at the top of the list. Financial Ruin If this measure passes, it could mean the fencing of tens of thou- Proposed by extreme environmentalists, Measure 38 is not sands of miles along at least 900 Oregon streams. At a cost of about maintaining a healthy environment. It's about putting $10,000 per mile, this provision will financially ruin almost all Oregon's family farms, ranches and nationally recognized dairy family ranches and many family farms with any kind of livestock. industry out of business through harassing lawsuits. The many cooperative projects undertaken through private and governmen- Unlimited Litigation tal efforts have extremists grasping for a new"the world is about Any person,from any state, can file a lawsuit against farmers or to end" pitch so they can maintain the money flowing to their ranchers under this ballot measure. We must pay lawyers and multi-billion dollar industry. court costs while our accusers are financed by your tax dollars. This provision is unwise,unfair,and will lead to confrontation and True environmentalism is based on hope instead of fear, on conflict.To improve Oregon's fish habitats,we must have water- solution instead of conflict, on education instead of litigation, on shed-wide innovation,not legal confrontation. science instead of emotion and on employing human resources rather than destroying human resources.With hope and solution Caretakers of the Land we can move forward to cooperatively maintain the properly Oregon farm and ranch families are good caretakers of the land. functioning conditions of Oregon's streams. Education and We live close to to the soil where careful planning and cultivation science-based management allows us to manage our precious brings forth harvests of healthy food for your families and ours. resources to the benefit of the land, wildlife and people. Our We have no interest in spoiling soils or waters that are so much human resources --the families, the children -- are as precious a part of our lives and our livelihood.This misguided and danger- as our beautiful natural wonders. ous initiative was written by those who don't understand our ethic of good stewardship of the land. Don't be misled by this clever, Measure 38 is based on litigation, fear, conflict, emotion and but false,ballot title. the result will be the destruction of human resources. This is no solution. We ask that all of Oregon work together -- natural Our Solution resource producer and natural resource consumer--to find the We are committed to work constructively with watershed councils balanced solutions."At a time when we should have developed a to enhance fish habitats along the Oregon waters flowing deeper appreciation for the interdependence of our human through the lands we farm and ranch. We know this land well. resources and our natural resources, we have allowed them to We understand how to manage it to grow the food you eat and become adversaries.We can no longer afford another decade of the fiber you wear. Please don't impose an unwise, unworkable confrontation. We must build more bridges and fewer walls. We "solution"based on thin science and thinner logip. Working with must nurture a new ethic -- an ethic that recognizes a prosper- other Oregonians to improve fish habitats and enhance riparian ous economy and a healthy environment need each other,"Joe zones is our goal.Join Us!Don't Fence Oregon. Parkinson,Evergreen,July 1994. MEASURE 38 IS NO SOLUTION. The Oregon Farm Bureau urges you to VOTE NO on Measure 38. (This information furnished by Judy Wortman, Chair, Oregon Lands (This information furnished by Board of Directors, Oregon Farm Bureau: Coalition.) John Rossner, President;Stan Handy, Rick Miller, Daryl Hawes, Debbie Scott, Vice Presidents;Larry Lear,Norm Pratt,Joan Silver, Tracey Liskey, Camille Hukari, Barry Bashue, Jack Burkhart, Dean Freeborn, Kathy Smith,Keith Nelsen, Neil Westfall, Charlie Barlow, Edmund Duyck,Doug Krahmer,Howard Sand,Board Members;Andy Anderson,Greg Leo,Don Schellenberg,Pete Test,Staff) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant Le accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 128 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 Measure No. 38 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION PLEASE VOTE NO ON MEASURE 38 Save The Family Farm Measure 38 is not what it seems. Measure 38 is an extreme The members of the Oregon State Grange have fought for"Good measure which would unnecessarily cause problems for all Stewardship of our Lands and Waters"for over 120 years. The Oregonians. The measure is controversial, as well as mislead- current membership of over 25,000 members seeks to ensure ing the continued success of the state's Agricultural industry. Join with the Oregon State Grange in opposing measure 38 and sup- The measure is controversial! Measure 38 would allow apy per- porting our family farms. son to file a lawsuit against a farm family or owner of private property for merely an alleged violation. The person bringing a Measure 38 will Damage Family Farms lawsuit is not even required to be an affected party. Unlimited and unrestricted lawsuits once again would clutter our over- * Measure 38 will severely impact, if not destroy, Oregon's live- crowded courtrooms. stock production industry regardless of their efforts to improve the land and water. Oregon's family farmers have invested Measure 38 is misleadina! In the event a given body of water is heavily over the years to improve the land that their livestock designated as "water quality limited" by the Department of graze upon and to protect the streams that provide their water. Environmental Quality, livestock would be prohibited from enter- Measure 38 will also have a profound effect on our young peo- ing the water. Under the measure,a stream in pristine condition ple's opportunities to gain responsibility through livestock pro- could be classified as polluted if the naturally occurring tempera- jects in rural Oregon. ture exceeded standards set by the Department of Environmental Quality.The measure covers any and all types of Measure 38 will Deny Recreation livestock,including sheep,horses,llamas,chickens,turkeys,and cattle.These types of livestock would be excluded from streams, . Measure 38 will reduce the recreational opportunities for all rivers, lakes, and ponds throughout Oregon, if the water body is Oregon citizens, through increased posting and fencing by considered to be water quality limited. The measure would fur- landowners who will fear lawsuits. Hunting and fishing will be ther prohibit livestock from entering the lands adjacent to these restricted where ever private land borders a body of water. bodies of water. Even if access is allowed, fencing will make gaining entry a difficult proposition. Measure 38 is a misdirected and misguided proposal. During recent years, private land owners throughout Oregon have Measure 38 will Harm Wildlife worked cooperatively with a variety of interests to protect and enhance our watersheds and the quality of our water. With the threat of unrestricted lawsuits, this cooperative relationship will ' Measure 38 will reduce the availability of safe avenues to come to a close. water for wildlife. Even larger wildlife, such as elk, will occa- sionally be killed by becoming entangled in fencing; and most Please take a careful look at Measure 38 and vote NO! medium sized wildlife will need to negotiate fencing in order to get a simple drink of water. Measure 38 will Destroy Partnerships (This information furnished by Skye Krebs, Wallowa County Wool Growers;Scott McClaran,Wallowa County Stock Growers.) Measure 38 will end public/private environmental partnerships by creating a spirit of hostility. Also stream improvement pro- jects will be placed on hold while landowner resources are used to fence streams and lakes and then to maintain these miles upon miles of fence. Join with Oregon Grangers who believe that true environmental- ism is Oregonians working together to better our environment by opposing Measure 38. Vote No on Measure 38 and Save our Family Farms. (This information furnished by Edward L.Luttrell,Oregon State Grange.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 129 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 38 ARGUMENT IN OPPOSITION Measure 38 Is A"Punitive"Solution; Vote No on Measure 38 The Oregon Forest Industries Council (OFIC), representing most of Oregon's large private forest landowners, urges voters to reject Ballot Measure 38.We oppose Ballot Measure 38 because it is a simplistic, punitive "solution that will do little to help the environment, while sending exactly the wrong message to hard- working Oregon farmers and ranchers. Our recent experiences as forest landowners point to a better way. There is no question that land management activities, con- ducted improperly,can have an impact on water quality.To mini- mize these impact, forest landowners in Oregon recently have undertaken voluntary efforts to learn more about how our activi- ties affect the environment,and to fix problems we find. Here are some examples of our efforts to improved fish habitat: • 32 timber companies have voluntarily spent$2.5 million since 1993 to conduct comprehensive fish habitat surveys on more than 3,000 miles of fish-bearing streams. That data is being used for an aggressive, voluntary program of fish habitat and restoration project throughout Oregon. • Already more than 186 restoration projects have been com- pleted and at least that many more will be completed in the next two years. • OFIC is also spending more than$600,000 to obtain,through satellite imagery,a sophisticated wildlife computer"map"of all western Oregon forest land so it can design even more pro- jects to protect wildlife. i These are the kind of actions forest landowners are willing to vol- untarily undertake. Oregon farmers and ranchers are doing a lot of these things too,and are willing to do more. Ballot Measure 38 would accomplish little to protect water quali- ty, its prohibitive cost would divert limited resources away from more effective programs, and it would be an undeserved slap in the face to thousands of Oregon farm and ranch families. Fish Habitat and Restoration Projects Are Underway. Vote No on Measure 38. (This information furnished by Ward Armstrong,Oregon Forest Industries Council.) (This space purchased for$500 in accordance with 1993�Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the ar ument. 130 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 39 Measure No. 39 Proposed by initiative petition to be voted on at the General (4)This section shall not apply to health care services pro- Election,November 5, 1996. vided to persons incarcerated in correctional institutions. BALLOT TITLE �, , >wla EXPLANATORY STATEMENT AOU Measure 39 amends the Oregon Constitution to prohibit passage v of ariy law that prohibits a person from seeking or receiving set „ " vices from that person's chosen category of health care provider, '� hyint as long as that health care provider is licensed or regulated by rule ' the State,and is providing services within the provider's scope of cire;provrcf8rs practice as established by law. "A ULT�F 440*�-�� ���� iart#fin' The measure also prohibits public entities such as state or local private and govalt tti��(t31t at114� ia�?alth care, government boards, commissions or agencies, or any private prc�vxfercateorl+tf entities from discriminating among categories of health care $ `s providers who perform the same or similar services within their SUMMARY � � �� laws that: p p q scope of practice,when such services are required. rl Slraln any l?��� � � � �ftl�rn ally t" egpry of htth a Measure 39 defines"health care provider"as a person licensed, prac#let es�#ltlsh faw flrta[ a dal tv �� certified, registered or otherwise regulated by the State to furnish ernments, #rivl �� ts} tres services for the purpose of assisting in childbirth or preventing, of health cats p�� �' air ervlcaa ovtder . alleviating, curing or healing human illness, physical disability or with thetr"sere t 4 injury. Allow enttfi tb � � � ��Ito#vlo late tneastl f�� Itttlta#eS' In crirtsctii)llat l 5 Nothing in Measure 39 is to be construed as preventing an entity from employing measures that would control costs of health care E5 IMA13F) IfAL POE � at�f5 bad ors as long as those measures do not violate Measure 39,although it might affect current practices. �f This measure does not apply to health care services provided to Artytncre refer aaolrlt-. inmates of correctional institutions. itte(1#eRIpICT r w a1 140"",Out'St',• �Il Uf p8i3et1# Committee Members: Appointed by: Af BJ Callman Chief Petitioners Dlreetanril Dune ` to Mark Wiener Chief Petitioners irwrea a� ��al� �r flal Scott Gallant Secretary of State gouerrrlttebit# � -ir+ctt �1� 4r+ Jenny Ulum Secretary of State Kathleen Beaufait Members of the Committee HEALTH CARE FREEDOMS The Constitution of the State of Oregon is amended by creating (This committee was appointed to provide an impartial explanation of the a new section 42 to be added to and made part of Article I and to ballot measure pursuant to ORS 251.215.) read: SECTION 42. (1) No law shall be enacted to restrain any person from seeking or receiving the services of the per- son's chosen category of health care provider working with- in the provider's scope of practice as established by law.No official, board, commission or agency of this state or any political subdivision or municipality in this state or any pri- vate entity subject to the laws of this state shall discriminate among categories of health care providers rendering the same or similar services within their scopes of practice when such services are required. (2)As used in this section,"health care provider"means a person who is licensed, certified, registered or otherwise regulated in accordance with applicable state law to furnish to any person services for the purpose of assisting in child- birth or preventing,alleviating,curing,or healing human ill- ness,physical disability or injury. (3)Nothing in this section shall be construed as to prevent an entity from employing measures that would control costs of healthcare as long as the measures do not violate sub- section(1)and(2)of this section. 131 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 39 Measure No. 39 ARGUMENT IN FAVOR ARGUMENT IN FAVOR BETTER HEALTH CARE FOR OREGON: Why Is Measure 39 On the Ballot? VOTE YES ON MEASURE 39-THE HEALTH CARE FREEDOMS AMENDMENT Oregonians are being denied a voice in the kind of health care they receive. Although Oregon is a national leader in licensing Measure 39 is based on a simple principle: Oregonians deserve and regulating a wide range of health specialties,most insurance a voice in deciding what kind of health care is right for them. plans, managed care organizations and HMOs arbitrarily deny coverage for many of these categories of health care. Oregonians do not currently have that right. As a result, thousands of Oregonians are being unfairly denied coverage for This means that thousands of Oregonians are effectively denied the type of health care they need, even though they have their chosen type of health care, even if it is the only treatment insurance, and even though these legitimate health care that will help them. specialties are licensed and regulated by the State of Oregon. The fact is that the treatments discriminated against are: For example, many people have conditions that only respond to naturopathic treatment, the care of a chiropractor, acupuncturist . shown to be effective; or an osteopathic physician. They may prefer the services of a midwife. But now, most medical plans do not allow coverage for these and other types of health care even if that is the only type - sanctioned by Oregon's state government; of treatment that can held • often less expensive than`traditional"medical care. Measure 39 offers Oregonians better choices and a stronger role in their own health care. It may seem odd that three current and former legislators (two Measure 39 will: Republicans and a Democrat) would use the initiative system instead of the legislative process. But Measure 39 opponents • Ban discrimination against legitimate types of health care. form a very powerful lobby in the Oregon Legislature. After Measure 39 will stop laws that restrain people from receiving repeated attempts to bring this issue before the legislature, we services of a category of health care provider if that provider is were unable to even get a hearing in the last legislative session. licensed or otherwise regulated by the state, and is working within their legally defined scope of practice. We finally realized that the only way to win these rights for Oregonians was to go directly to the people, hundreds of thou- • Prevent insurance companies from arbitrarily refusing to sands of whom rely on alternative care to make and keep them- cover a patient's chosen type of health care. If a type of selves healthy. It became clear that it was necessary to make health care is licensed or regulated by the state, insurance this change a constitutional amendment to prevent Measure 39's companies, managed care organizations, and HMO's must opponents from undoing the will of the people at the next legisla- offer those services to their patients. tive session. • Continue cost control measures.Cost control measures are Oregon's initiative system gives voters the chance to take action still allowed, as long as they do not ban entire categories of when the legislature fails to do its job. By voting for Measure 39, health care providers. Increased competition will lower costs you can overcome the influence, power and money of the med- further. ical special interests who want to keep their profitable monopoly at the expense of Oregonians'freedom to choose the health care Measure 39 is a moderate, reasonable change that means better that is right for them.That is why we are asking for your support. health care, more consumer choice, less discrimination and lower costs. Most important, it will help thousands of Oregonians Sincerely, who are denied the coverage they need. Bill Kennemer VOTE YES ON MEASURE 39 State Senator Sharon Wylie State Representative (This information furnished by Lynn Ironside, R.D.H., Campaign Treasurer, Yes on 39,Health Care Freedoms Campaign.) Mary Alice Ford Former State Representative (This information furnished by State Senator Bill Kennemer, State Representative Sharon Wylie, and Mary Alice Ford, former State Representative, Yes on 39,Health Care Freedoms Campaign.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- Ftheapccuracy rintng of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. or truth of any statement made in the argument. 132 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 39 Measure No. 39 ARGUMENT IN FAVOR ARGUMENT IN FAVOR A SPECIAL MESSAGE FROM A MESSAGE FROM KARL HUMISTON,M.D. DR.LENDON SMITH OREGON STATE COUNCIL OF SENIOR CITIZENS For over 40 years, as a pediatrician and author, I have had a Because seniors have a particular stake in Oregon's health care chance to observe the way health care is practiced in the United system, the Oregon State Council of Senior Citizens carefully States and around the world. I am an M.D., and have practiced examines proposed legislation that impacts the delivery of health traditional medicine for my entire career. But I have become care,especially for older Oregonians. convinced that using what some call"alternative medicine"as a complement to traditional medicine would make all of us The Council seeks a health care system with sufficient access healthier, happier and make our health care system more and diversity for the needs of all Oregonians. That is why the medically effective and cost-effective. Council has endorsed Measure 39. That is why I am proud to join the coalition of organizations who Measure 39 is much needed and long overdue improvement to are supporting Measure 39. 1 also join the over 230,000 our health care system.The current near-monopoly of traditional Oregonians who signed petitions to place the Health Care prescription drug-based medicine is not in accord with current Freedoms Amendment on the ballot. That tremendous scientific findings. It has been clearly demonstrated that grassroots support shows how important this measure is. Please alternative care is effective for many patients who have join me and vote yes on Measure 39- a good idea whose time otherwise been unable to find relief for their conditions. has finally come. Unfortunately, most insurance plans and managed care organizations deny any coverage for these specialties. Sincerely, This discrimination arises from concern,over profit margins and Dr.Lendon Smith turf protection within the medical industry, not a medical judgment about what is best for patients. As a result,thousands JUST SOME OF THE ORGANIZATIONS THAT HAVE of Oregonians face the choice of going without needed ENDORSED MEASURE 39: treatment,or paying out of their own pocket.This is an especially cruel choice for many seniors who live on a fixed income. Oregon AARP The Council also believes that Measure 39 could help reduce Oregon Health Action Campaign health care costs.Many of the alternative treatments Measure 39 Oregon Gray Panthers will make available are less expensive and more preventive than Oregon Acupuncture Assoc. currently covered treatments. The measure also permits the Oregon Hearing Society continuation of cost control measures. Oregon State Denturists Assoc. United Seniors of Oregon Washington County Council on Aging Measure 39 is a reasonable, cost-effective and common sense Public Choice in Health Care Coalition change that will increase patient choice, offer better care, and Insurance Massage Therapists make our health care system work better for seniors and Oregon State Council of Senior Citizens non-seniors alike. Oregon Fair Share Oregon Dental Hygienists'Assoc. THE OREGON STATE COUNCIL OF SENIOR CITIZENS Mid-Valley Health Care Advocates URGES YOU TO VOTE YES ON MEASURE 39 Northwest Oregon Labor Retirees Council Chiropractic Assoc.Of Oregon OTHER SENIOR ORGANIZATIONS ENDORSING Portland Rainbow Coalition MEASURE 39: Oregon Midwifery Council Oregon Assoc.of Naturopathic Physicians OREGON GRAY PANTHERS Older Women's League,Portland Chapter Oregon Federation of Teachers,Education and NORTHWEST OREGON LABOR COUNCIL RETIREES Health Professionals AFT,AFL-CIO OLDER WOMEN'S LEAGUE(PORTLAND CHAPTER) UNITED SENIORS OF OREGON WASHINGTON COUNTY COUNCIL ON AGING OREGON AARP (This information furnished by Lendon Smith,MD,Author.) (This information furnished by Karl Humiston, MD, Oregon State Council of Senior Citizens.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 133 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 39 Measure No. 39-- ARGUMENT IN FAVOR ARGUMENT IN FAVOR WHO OPPOSES MEASURE 39 AND WHY? BETTER&LESS EXPENSIVE HEATH CARE Measure 39 is opposed by powerful special interests within the Measure#39 will provide Oregonians with MORE health care medical industry. They include the Oregon Medical Association, choice HMO's,managed care organizations and hospitals who currently dominate the health care marketplace. They hold a Measure#39 FIGHTS the high costs of current medical near-monopoly on medical services covered by insurance plans which is the only way most people can afford health care.These monopolies powerful forces enjoy tremendous profits by keeping patients restricted to only hospital and medical services. This is wrong, Measure#39 will provide medical cost savings through additional and must be changed. COMPETITION In order to preserve their dominance over your health care Alternative health care treatments are as effective as options, the powerful medical special interests are prepared to conventional health care methods;they are often spend tremendous amounts of money for misleading advertising LESS EXPENSIVE to prevent Measure 39 from establishing a level playing field and bringing choice and competition to the market. In trying to keep There is absolutely NO REASON for health insurance premium their near monopoly and prevent Oregonians from having the costs to increase with Measure#39 right to choose the type of health care they need, Measure 39's opponents are saying things that are simply not true: Insurance rates have gone down in OTHER STATES and •.Opponents say that costs will rise. Untrue! -The fact is countries that have established similar programs that many of the treatments Measure 39 will cover are less Measure#39 WILL NOT increase any of your TAXES invasive, more effective, more preventive and less expen- sive. Measure 39 also allows continued cost control mea- sures, while increased competition that could lower costs even more. (This information furnished by Terri Robinson, Administrative Assistant, • Opponents say that Measure 39 is an attack on Oregon Association ofNaturopathicPhysicians.) managed care. Untrue!-Measure 39 does nothing to hurt managed care. Opponents are cynically trying to confuse voters by linking it with an unrelated measure. • Opponents say that Measure 39 will allow unproven treatments. Untrue! - Measure 39 covers only legitimate health care professionals recognized, licensed and otherwise regulated by the state who are working within their legally defined scope of practice. Measure 39 is a reasonable,commonsense change that will help thousands of Oregonians get the health care they need -- care they are effectively being denied to preserve outrageous profits. Don't be fooled by their big-money,misleading campaign. Vote Yes on Measure 39 (This information furnished by Julie Young, Executive Director, Chiropractic Association of Oregon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- Ftheapccuracy inting of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. or truth of any statement made in the argument. 134 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 39 Measure No. 39 -ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Measure 39 Would Increase Workers'Compensation and MEASURE 39:A TOBACCO SMOKE SCREEN Heath Care Costs The tobacco industry wants to block a cigarette tax increase that Measure 39 would make it unconstitutional to recognize would help people who can't afford health insurance. To do so, differences among health care provider categories in health care. big tobacco funneled$750,000 to put an unrelated constitutional It amends the Oregon Constitution to require all workers' amendment(Measure 39)on the ballot. compensation and health insurance policies cover treatments offered by all types of fringe medical providers. Measure 39 would lock vague and confusing language into the State Constitution where not even the Governor or • According to the National Council on Compensation Insurance the Legislature could fix it when the inevitable problems devel- (NCCI, July 25, 1996), Measure 39 could increase"Oregon's op. workers compensation costs by 5% to 11%," warning that costs could be significantly higher.in the future. • Measure 39 would increase health care costs by up to $497 million. (Source: Estimate prepared by independent • Such a mandate would force you to pay for expensive actuaries.) coverage whether or not you wanted or needed it. • Measure 39 would increase workers'comp costs for busi- • Thousands of Oregonians would risk losing their health care nesses by up to $66 million. (Source: National Council on benefits as employers'costs for insurance climbed. Compensation Insurance, the nation's largest workers' comp data-gathering organization) In 1990, representatives of labor and management met for five months to develop reforms to workers'compensation that would Measure 39 would increase taxpayer costs by$30 million stop abuses,improve benefits and lower costs. to pay for the Oregon Health Plan and required government employee benefits -- taking away money from important ser- At the direction of then-Governor Goldschmidt, that group vices like education and fighting crime. (Source: State of developed a bold reform plan. A cornerstone of their historic Oregon Fiscal Impact Committee) agreement was the recognition that reasonable management of health care was essential if escalating costs were to be Urging you to VOTE NO ON MEASURE 39... contained. Oregon Nurses Association Measure 39 unhinges a critical part of the 1990 reforms. Ecumenical Ministries of Oregon Legislative Ministries Commission Associated Oregon Industries' board unanimously voted to Associated Oregon Industries Oregon Rural Health Association oppose Measure 39 because it would reverse the hard-won Associated Builders and Contractors reforms that have improved care for injured workers and lowered costs. National Federation of Business Local health plans and insurers throughout Oregon Association of Health Underwriters Measure 39 is expensive and extreme. Human Services Coalition of Oregon Local Chambers of Commerce across the state Vote NO on Measure 39. Oregon Medical Association and thousands of Oregonians concerned about increased health care,workers'compensation and taxpayer costs Associated Oregon Industries (partial list) VOTE NO ON MEASURE 39 (This information furnished by Richard M. Butrick, Associated Oregon Industries.) (This information furnished by E. E. Patterson, Oregonians for Quality Health Care.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 135 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 39 Measure No. 39 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION WARNING: MEASURE 39 HURTS SMALL BUSINESS: An open letter to Measure 39 could be hazardous Oregon Voters to your health. Dear Oregonian, Oregon Nurses Association asks you to vote NO on Measure 39. 1 am the owner and operator of a third generation family plumb- ing business. My company has always prided itself on offering As nurses, we are advocates for our patients and their health more than just a paycheck for its employees.Workers'compen- care needs.And we strongly believe that patients should be free sation and health care benefits,vacation pay,consideration to choose the type of provider they want. But Measure 39 of family needs,its all part of treating our employees fairly. doesn't give consumers more choices. Measure #39 will clearly hurt my ability to provide affordable Measure 39 amends the Oregon Constitution. It will result in fringe benefits and will significantly increase the cost of their fewer choices for all of us–fewer options in the types of cover- workers'compensation coverage.When costs go up there is a age we can get. Instead of being able to choose coverage that negative impact on hiring, wages, and the benefits I can meets our particular needs, Measure 39 will force all of us to buy provide. the same coverage–including alternatives we may not want or need.That means less choice. My thoughts on #39 come from experience. My business is a member of the National Federation of Independent Business That's only one reason why Measure 39 is a bad idea. (NFIB). Through NFIB I was appointed to Governor Neil Goldschmidt's special taskforce that reformed Oregon's workers' An even bigger concern for Oregon's nurses is that compensation system in 1990. Before the reforms, abuse was Measure 39 is being financed by the Tobacco Industry. rampant and steady increases in premiums were shutting down They're retaliating against backers of Measure 44, a tobacco tax businesses. increase to fund expansion of the Oregon Health Plan. That measure has been endorsed by the Oregon Nurses Association The reforms have substantially lowered workers' compensation and many other health care interests. costs, curbed fraud, and improved the quality of care for injured workers. Measure #39 will derail those reforms and once again Big Tobacco Companies think that they can influence Oregon open the door to abuse. Voters with a smoke screen of deception. Don't believe them when they say they care about health care costs. The health of The reforms set standards for medical treatment and put in safe- Oregonians is not their concern. What they really care about is guards to stop abuse.Measure#39 would undo the standards their own political agenda,and protecting their profits. and safeguards, and dramatically boost costs. Some estimates exceed$100 million. Let the Tobacco Companies know that Oregonians won't let them play games with our Constitution and our health. Vote NO Higher costs mean thousands of Oregon workers will have to on Measure 39.That's the right choice for Oregon. accept less from their health care benefits or lose them altogether as small employers struggle to meet the costs of JOIN OREGON NURSES Measure#39. IN OPPOSING MEASURE 39. TELL TOBACCO TO LEAVE US ALONE. Less benefits at a higher cost is a bad deal for Oregon. Please join me in voting No on Measure 39. (This information furnished by Susan King, RN, MS, Oregon Nurses Jon Egge Association.) MP Plumbing 25 year NFIB Member 1990 Small Businessperson of the Year,North Clackamas Chamber of Commerce Gov.Goldschmidt's Taskforce on Workers Compensation Reform Oregon State Apprenticeship and Training Council(1990-96) Oregon State Workforce Quality Council(1993-95) Clackamas County JOBS Plus(1993-96) (This information furnished by Jon Egge, National Federation of Independent Business.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 136 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 39 Measure No. 39 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Measure 39 is on your ballot Ballot Measure 39 is dangerous for Oregonians and Oregon because big tobacco companies Businesses for three reasons: (1) it erases six years of paid$752,000 to put it there. significant cost reductions in the Oregon workers' compensation program (45% less since 1990); (2) it forces Oregonians to pay One sponsor of Measure 39 explains why the tobacco industry more for care in order to subsidize services for every type of spent so much (nearly 99% of all money raised came from alternative provider; and (3) it locks vague and confusing tobacco companies) buying signatures to put their initiative on language into the Oregon Constitution where not even the the ballot: Governor or Legislature can fix it when the inevitable variety of problems develop. Measure 39 Sponsor Explains Why Big Tobacco Is Backing Measure 39 Don't let special interest promoters destroy our nationally acclaimed workers' compensation reforms. This measure would undo all the progress we've made in developing a "'The reason the tobacco companies are interested in this high quality, consumer-focused, cost-controlling workers' measure,' says [Measure 39 sponsor State Senator Bill] compensation program.According to the nation's largest work- Kennemer,'is because some of the traditional health care people ers' comp data organization, Measure 39 would cost want to see the Oregon Health Plan maintained by a large businesses up to$66 million more every year, not to mention cigarette tax.So the tobacco companies know that all the people reduced wages,laid off workers,cut benefits,and even closure. who want that big cigarette tax hate my ballot measure. The tobacco companies want to see the medical providers and insur- ance companies spend a lot of money to beat my ballot measure Don't let Measure 39 force all of us to pay extra for a so they won't have as much money to fight for their cigarette consumer choice we already have. Every health insurance tax."'Clackamas County Review,August 2, 1996 policy would be required by law to pay for at least 27 categories of healthcare providers, whether effective or not. Measure 39 means that Oregonians will pay more for healthcare without any The tobacco industry's cynical manipulation of Oregon politics guarantees of better care. We already have the opportunity to is outrageous. Measure 39 is big tobacco's scheme to defeat choose alternative healthcare. The difference is that, right now, Measure 44, a tobacco tax to help pay for the Oregon Health consumers aren't forced to pay for health insurance coverage for Plan so it can provide medical care to thousands of low-income nontraditional services unless they wish to use those services. working families – Oregonians who would otherwise have no coverage. Measure 39 is an invitation to increased fraud and abuse. Unsuspecting consumers could be enticed to seek treatment Measure 39 is a vague and confusing constitutional from unconventional providers offering untested remedies. amendment. It would force every health insurance and workers Measure 39 prevents the very type of far-sighted planning that compensation policy to pay for treatments by all categories of has improved patient care and decreased costs to businesses health care providers. Such narrow, special-interest legislation and consumers.Vote NO on Ballot Measure 39.It's bad medi- does not belong in Oregon's Constitution. cine for Oregon. Ecumenical Ministries of Oregon supports the innovative Ken Rutledge,President Oregon Health Plan, but big tobacco's sinister Measure 39 Oregon Association of Hospitals and Health Systems threatens to cripple it. Measure 39 would raise health and workers compensation insurance premiums, and limit consumers' health care choices. The Legislative Ministries Commission of Ecumenical Ministries of Oregon asks you to please vote NO to protect health care for working families and (This information furnished by Ken Rutledge, Oregon Association of reject tobacco's arrogance. Hospitals and Health Systems.) Please vote NO on Measure 39. (This information furnished by Ellen C. Lowe, EMO Legislative Ministries Commission.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11J (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant m by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the at gument. the accuracy or truth of any statement made in the argument. 137 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 39 Measure No. 39 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION DON'T LET BIG TOBACCO COMPANIES WHAT DO THE TOBACCO INDUSTRY ADD MORE TO YOUR HEALTH CARE COSTS. AND Big tobacco companies spent $752,000 to put Measure 39 on the ballot. But they don't really care about this ballot issue. It's MEASURE 39 HAVE IN COMMON? their underhanded way of trying to defeat the proposal to increase taxes on tobacco to help fund the Oregon Health Plan. ANSWER: They backed this amendment knowing how badly it would disrupt health care in Oregon. AT LEAST$750,000 Measure 39's Mandate Would Increase Costs and Increase the Number of Oregonians The TOBACCO INDUSTRY spent hundreds of thousands of Without Health Care Coverage. dollars to put MEASURE 39 on the ballot. It's their way of punishing those who support Ballot Measure 44,which would tax Big tobacco's amendment would require all carriers to cover tobacco to help fund the Oregon Health Plan and support costs for all categories of providers.Such a mandate would force programs to prevent children from becoming addicted to tobacco all consumers to pay for expensive coverage whether or not they products. wanted or needed it.Thousands of Oregonians would risk losing their health care benefits as employers' costs for insurance MEASURE 39 is the tobacco industry's cynical attempt to climbed.Even the Oregon Health Plan would be at risk. change OREGON'S CONSTITUTION by requiring all Oregonians to pay for health care they don't receive or want. What new providers would have to be included by all workers' compensation and health insurance? In addition to medical MEASURE 39 would CONSTITUTIONALLY prohibit state and doctors, here are some of those covered: occupational local officials from providing safeguards for major medical ser- therapists, social workers, licensed professional counselors, vices in hospitals and clinics. marriage and family therapists, psychologists, direct entry midwifes, chiropractors, podiatrists, dentists, dental hygienists, MEASURE 39 IS HAZARDOUS TO THE CONSTITUTION denturists, naturopaths, optometrists, acupuncturists, respiratory therapists, nurses, nursing home administrators, audiologists, AND speech pathologists, massage therapists, physical therapists, athletic trainers, radiologic technologists, emergency medical technicians,and dietitians. IT'S HAZARDOUS TO YOUR HEALTH! A number of these practitioners are covered now, depending on VOTE NO ON MEASURE 39 the health plan employers or consumers choose. But if Measure 39 is adopted, ALL plans would have to include ALL categories Submitted by the Oregon Medical Association of providers.That would drive costs up,quickly. THE VAGUE AND CONFUSING LANGUAGE OF MEASURE 39 (This information furnished by Frank J.Baumeister,M.D.,Oregon Medical DOESN'T BELONG IN THE CONSTITUTION. Association.) Worst of all, the vague and confusing language of the tobacco- funded amendment would be locked in the constitution, where not even the Governor or the Legislature could fix it when the inevitable problems arise. VOTE NO!ON THE TOBACCO INDUSTRY'S MEASURE 39. IT'S A BIG DOSE OF COST AND CONFUSION. (This information furnished by E. E. Patterson, Oregonians for Quality Health-Care.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 138 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 39 ARGUMENT IN OPPOSITION A Chiropractor Explains Why He Opposes Measure 39. I've been a practicing chiropractic physician in Oregon for more than 32 years. I've actively worked to ensure that Oregonians respect the professionalism of Oregon's chiropractors. While I share with the sponsors of Measure 39 the desire to see more employers offer and their workers choose health plans that include alternative health care benefits, I think Measure 39 is a poor and dangerous way to satisfy that desire. Measure 39 would amend Oregon's constitution, placing its mandate where it could not be changed by the Governor or Legislature. That's dangerous, especially since Measure 39's vague and confusing language makes it hard to determine exactly what would happen if voters approve it. Oregon now has nearly 30 separate and distinct provider categories that Measure 39 would mandate be covered by all workers compensation and health insurance policies. Chiropractic care has earned its inclusion in plans because of customer demand and the demonstration of cost effective service. I believe that all special health care disciplines need to earn their inclusion rather than try to force it by legal mandate. The Oregon Constitution is no place for this kind of special interest law. We already have the right to choose any type of health care provider we think can best serve our needs The issue here is not about choice, it's about who pays. With the wide ranging mandate of Measure 39, we will all pay for everything.This is not good public health policy. Dr.Richard Tilden,DC (This information,furnished by Richard H.Tilden,D.C.) (This space purchased for$500 in accordance with 1993 Or.laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 139 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 Measure No. 40 Proposed by initiative petition to be voted on at the General (e) The right to receive prompt restitution from the person or Election,November 5, 1996. persons convicted of the criminal conduct that caused the vic- tim's loss or injury. (f) The right to have all relevant evidence admissible against BALLOT TITLE the criminal defendant; (g)The right, in a criminal prosecution, to a public trial without delay by a jury selected from registered voters and composed of i mgklg S CONST' ffUTION.-QIy S GRl#A]t ViCf iijS ; persons who have not been convicted of a felony or served a � tE ,EXi�t4tpS�llMtSffVfNG1�, felony sentence within the last 15 years, except that no court#��TIIAL � shall hold that a jury is required in juvenile court delinquency pro- ceedings. (h)The right to have eleven members of the jury render a ver- I4 j to addic,rirnavfcI'm rights diet of guilty of aggravated murder or murder, notwithstanding tci 0, 'Al a td r ewd G:e ad ES$it 8 in cnmina(.,. any other law or provision of this Constitution; (i)The right to have a copy of a transcript of any court proceed- R 'f I iota"no, tb l404 state c+�n�i�ri ing,if one is otherwise prepared; Wit 6d fc ate yr for vild ', tl airt;t urtertt evidertoe. (j)The right that no law shall permit a sentence imposed by a 9taradardd a judge in open court to be set aside or otherwise not carried out except through the reprieve, commutation, and pardon power of " ilauv S£� ttRs t Cot tftuti0r A#f t6 adW, the governor or pursuant to appellate or post-conviction relief; #oft"elm I drt tn4+tslvittg ificfifrta �'rghi61ts pratdaj, (k)The right that no law shall limit the court's authority to sen- fiA �n clefendnts iattass iudgs-finds rndBT►t Wlilt, tence a criminal defendant consecutively for crimes against dif- 'i asod Victim s slimy•attend,be the Ef ferent victims; Iif demand Itlt}r trials esj'#duil* got inforimatioft� (1) The right to have all charges against a criminal defendant ew a tua ay Af � , ` � tried in a single trial;subject to rules regarding venue; Val jf5t refavarit evidettce,adritissibla agatrist defin (m) The right to be consulted, upon request, regarding plea >agGUrk ! fetierai ccfostittttfo eta tufts may negotiations involving any violent felony;and �' fbtec� t 0ta inetrutle#'rtght t .•• (n)The right to be informed of these rights as soon as reason- � tt� rtgf� k g by,t,44tetal rtstituticui ably practicable. � �� �AP1Cf� #t1Pt4C'i"f itrt state exprtditut'e � (2)The rights conferred on victims by this section shall be limit- ed only to the extent required by the United States Constitution; Section 9, Article I and Section 12, Article I of this Constitution shall not be construed more broadly than the United States Constitution and in criminal cases involving a victim,the validity AMENDS CONSTITUTION of prior convictions shall not be litigated except to the extent required by the United States Constitution. PREAMBLE: This initiative is designed to preserve and protect crime victims' rights to justice and due process and to ensure (3) This section shall not reduce a criminal defendant's rights the prosecution and conviction of persons who have committed under the United States Constitution, reduce any existing right of criminal acts. It shall be interpreted to accomplish these ends. the press,or affect any existing statutory rule relating to privilege or hearsay. This section is added to Article I of the Oregon Constitution: (4) As to the decision to initiate criminal or juvenile proceedings (1) To ensure crime victims a meaningful role in the criminal and as to the conduct and prosecution of such proceedings, it is and juvenile justice system, to accord them due dignity and the district attorney who is authorized t6 assert the rights con- respect,and to ensure that persons who violate laws for the pun- ferred on victims by this section. ishment of crime are apprehended, convicted and punished,the following rights are hereby granted to victims in all prosecutions (5) "Victim" means persons who have suffered financial, social, for crimes and juvenile delinquency proceedings: psychological or physical harm as a result of a crime or juvenile (a) The right to be reasonably protected from the criminal offense, and includes, in the case of a homicide, a member of defendant or the convicted criminal throughout the criminal jus- the immediate family of the decedent,and,in the case of a minor tice process;decisions as to the pretrial release of the defendant victim, the legal guardian of the minor. In no event shall the are to be based on the principle of reasonable protection of the criminal defendant be considered a victim. In criminal cases not victim and the public; any person arrested for a crime for which involving a victim,the people of the State of Oregon, represent- the People have set a mandatory minimum sentence shall not be ed by the State of Oregon, shall have the same rights conferred released prior to trial unless a court determines by clear and con- by this section on victims. vincing evidence that the person will not commit new criminal offenses while on release; (6)"Relevant evidence"means evidence having any tendency to (b)The right to be present at,to be heard at,and,upon specific prove the charge against the criminal defendant or establish the request, to be informed in advance of any critical stage of the proper sentence for the criminal defendant. proceedings where the criminal defendant is present, including trial; (7) In criminal cases prosecuted by a municipality, "district attor- (c)The right,upon request,to information about the conviction, ney"as used in this section includes the city attorney. sentence, imprisonment,criminal history and future release from physical custody of the criminal defendant or convicted criminal; (8) "Criminal defendant" includes juvenile offenders in juvenile (d)The right to refuse an interview, deposition or other discov- court delinquency proceedings. ery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant; (9)This section creates no new civil liabilities. 140 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 . Measure No. 40 EXPLANATORY STATEMENT ARGUMENT IN FAVOR This measure amends the Oregon Constitution. Except where THE LAWYERS ARE AGAINST THIS MEASURE! limited, it applies to all adult crimes and to juvenile delinquency THAT SHOULD TELL YOU SOMETHING. matters. It applies to crimes where individuals are victims and where the people of the state of Oregon are victims. Crime Victims' Rights, NOT criminals' rights should be the law! The measure would declare certain rights of victims, including Today's Oregon"justice"system has it backwards! the people of the state through the district attorney in non-victim crimes. Generally, rights can be waived. In all cases,the district The public enemy?CRIMINAL DEFENSE LAWYERS!Politicians attorney is authorized to assert the victim's rights as to the deci- under their influence just set aside 104 million dollars(two years) sion whether to initiate a proceeding and how to conduct and for them to defend criminals.THAT'S YOUR TAX MONEY! prosecute a proceeding. These victim's rights do not reduce a defendant's rights under IT IS TO THE CRIMINAL LAWYERS' BENEFIT TO GET the United States Constitution. Where these victim's rights are CROOKS OFF EASY SO THEY CAN DEFEND THEM AGAIN asserted the measure limits rights created under the Oregon ON NEW CHARGES WITH YOUR MONEY!RECYCLING! Constitution and statutes including rights regarding search and seizure, issuing search warrants, double jeopardy and self- MONEY IS THE NAME OF THE GAME, NOT PROTECTING incrimination. Those rights could not be greater than the rights THE PUBLIC. provided under the United States Constitution. These victim's rights would include the right to: Almost one million dollars was allocated by a judge in Klamath Falls for defense of a Mexican national who shot a state police- (1) Be protected from a criminal defendant. Some crimes have man in the back of the head when the policeman gave him a a mandatory minimum sentence.Persons arrested for those ride.$80,000 was spent to send a SOCIOLOGIST to Mexico with crimes could not be released pending trial unless a court is his family to"study"the culture of the area the man came from. convinced that the person will not commit a crime in the The rest went to defense lawyers. meantime. (2) Be present and be heard at each critical stage of the legal An Asian gang of 16 youths was apprehended in Portland,given process if the person charged is also present. 2 lawyers each plus one for research by the judge, 33 (3) Be told about the criminal background of the person LAWYERS TOTAL. Some of those things drag on not for charged and the sentencing, confinement and release of months,but years.YOU PAY FOR IT! ! that person. (4) Refuse to give an interview or other information for use in Here are some of the things this measure does: preparing a defense. 1.Allows prosecutors to use valuable evidence that was (5) Receive repayment from a person convicted of an act that prohibited before. caused the victim financial loss. 2.Guarantees the victims will be told when and where the trial. 15 Have all relevant evidence admissible. This expands the pretrial release and probation hearings are to be held.-- p os bie evidence which can be used against a criminal Sometimes they weren't told. defendant. h: nave a. speedy trial by a jury composed only of registered i 3.They must be notified when a convict is to be released-- vo*ers without a felony conviction. I Sometimes they weren't told and many feared for their lives ;v a defendant convicted of murder or aggravated mur- because they never knew when the criminal would be released. der ,vith eleven instead of twelve guilty votes, but twelve I votes are still required to impose a sentence of death. 4. Provides that 11 jurors can convict instead of requiring 12. In (9) Have the sentence imposed by a judge in open court car- our crazy society there are always some who will lie about their ried out. beliefs and objectivity on being questioned for jury duty and who do not believe in putting people in prison, no matter what the (10) Obtain a copy of any written record made of court proceed- evidence. ings. (11) Have no law limiting the court's authority to sentence a criminal defendant consecutively for crimes against different victims. (This information furnished by Loren Parks.) (12) Have all charges against a criminal defendant tried in a sin- gle trial. (13) Be consulted about plea negotiations if the crime charged is a violent felony. Committee Members: Appointed by: Norm Frink Chief Petitioners Representative Kevin L.Mannix Chief Petitioners Shawn McCrea Secretary of State Ingrid Swenson Secretary of State Representative Floyd Prozanski Members of the Committee (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- (This committee was appointed to provide an impartial explanation of the ment by the State of Oregon, nor does the state warrant ballot measure pursuant to ORS 251.215.) the accuracy or truth of any statement made in the argument. 141 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 Measure No. 40 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Imagine being informed that one of your children has just died. The issue is basic. Measure 40 will make it better for crime Not due to sudden illness and not due to an accident. victims and not so easy on criminals. "Your child has been murdered" If you are a criminal, you will be less able to get off on techni- calities due to Oregon's special constitutional requirements. As cold reality replaces shock, you and your family enter the These added requirements will be eliminated. However, if you criminal justice system with the hope of seeing justice done.You are accused of a crime, you will receive every right guaranteed witness the following: you under the U.S.Constitution,just as every other person in the U.S.has if they are accused or convicted of a crime. 1.The murderer admits to committing the murder intentionally and with premeditation. It is a random Those in opposition,criminal defense attorneys,the ACLU and incident. The court disallows presentation of evidence that other like minded groups say that criminals will lose state he stalked your child the day before the murder.Additionally, constitutional rights;we say all law abiding Oregonians will finally the jury isn't allowed to see writings describing his obsession gain state constitutional rights that are now cherished by other with blood,killing,and sexual violence. U.S.citizens. 2.One juror believes that because the murderer is only 16 For the first time, judges may hold people accused of violent years old,he was simply in an"emotional fog"and should be person to person crimes pretrial, who they find, under federal acquitted.The remainder cannot change her mind.They set- probable cause standards, to be a danger to the community. tle on the lesser charge of manslaughter. Opponents claim this destroys the presumption of innocence. Commonsense tells us that turning them loose on an 3.The judge imposes a 36 month sentence, yet the murderer u nsuspecting community is ludicrous. serves only 28 months. The same people who opposed the statutory Crime Victims' Measure in 1986 oppose this one too. They carried on This is a true story.The victim was Lisa Doell, my 12 year old unendingly about how the measure was flawed constitutionally, daughter,and the case was State v.Andrew Whitaker. but even after their challenges, not one word was found unconstitutional in the 10 years since its passage. If Oregon recognized victims' rights in our state constitution, would justice have prevailed for Lisa?YES! When they were not successful in destroying the 1986 mea- sure,they set about eliminating parts of it by other means.They 1.If Oregon Courts operated under the U.S. Constitution, all did this by making other law changes, additional administrative relevant evidence should be allowed in the courtroom. rules,changing policies and practices.We now realize we should have made the 1986 measure a Constitutional Amendment.This 2. If Oregon allowed 11-1 convictions by jury for murder, the would have made it impossible to change without a vote of the defense practice of using sophisticated jury consultants to people. select one juror to"make their case"would be thwarted. Do not be taken in by scare tactics. 3.For violent criminals, Oregon would carry out sentences imposed in open court with no reductions for"good time." For 40 years rights and privileges have been expanded for those accused and convicted of crime. It's high time we thought In our society,memories fade with the headlines;but not for my of the law-abiding. family.We know nothing will bring Lisa back.But a Victims'Bill of Rights could make a difference if the tragedy of violent Bob and DeeDee Kouns, crime strikes a member of your family. In your case justice Crime Victims United would prevail. Please join me and support Victims'Rights. Vote Yes on Measure 40. (This information furnished by Bob& DeeDee Kouns, Crime Victims United.) (This information furnished by Steve Doell,Crime Victims United.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant m by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the ar gument. the accuracy or truth of any statement made in the argument. 142 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 Measure No. 40 ARGUMENT IN FAVOR ARGUMENT IN FAVOR This measure as conceived, written and sponsored by a large We are the chief petitioners of the Victim's Rights Initiative. It is a group of victims,with the aid of district attorneys, legislators and carefully crafted constitutional amendment developed by victims' other concerned citizens. The very people who have personal groups and district attorneys around the state over more than a knowledge of the unfair treatment victims receive under our decade of study and debate. We know from our experience that current unbalanced criminal system have carefully crafted the there are those who will distort the amendment and spread measure in an attempt to level the playing field between the inaccuracies about its effects. To ensure there is no confusion rights of the defendant and the rights of the victim. and to make every provision clear,we will outline our intent as a whole and address some specific sections. For too long the courts have only focused on the rights of the criminal. The most substantial gains by victims have not come First and foremost our intent is to create as much equality as from the courts and have not come from the legislature. They possible between the state constitutional rights guaranteed to the have come from the hard work and support of victims' groups criminal defendant and to the victim. At the same time, we who are willing to step forward and let the public know what is recognize that criminal charges are brought by the.state. wrong with our justice system. Therefore, the final decision regarding the exercise of some of the rights conferred must rest, after consultation with crime The victims have now placed a constitutional amendment on the victims,with your local elected district attorney. ballot to give victims the rights they deserve and tights that will help them once a criminal charge is brought. The measure Section 1(a) ensures that violent criminal offenders who are guarantees once and for all the victims will have a voice in the facing tough sentences set by the People through the initiative proceeding and the ability to express their opinions about plea process will not be released prior to trial if they are a danger to negotiations and sentencing.Governmental bodies will no longer the public. be able to reduce sentences without doing so in an open court where the victim will have an opportunity to express their Section 1(b) gives victims, if they request, notice of critical feelings. Reliable evidence will not be suppressed because stages of the proceeding. It will not delay the process if notice police officers make honest mistakes just like the rest of us. In cannot be given or is omitted inadvertently. the past the victim has been the loser too often.The passage of this measure will ensure that we do not have just a criminals' justice system,but rather a system of.justice for all. Section 1(f) guarantees that the jury will hear all relevant evidence that pertains to the guilt of the defendant as long as the evidence is permissible under the United States Constitution. It As district attorneys we ask you to support the Victims' does not prohibit other remedies for violations of the state Rights Initiative.We do. constitution or statutory law, but reflects our belief that withhold- ing vital evidence from the jury is too high a cost. Moreover, Fred Avera Michael T.Dugan evidence of other crimes, if probative of guilt, will be admitted. Polk County Deschutes County The-section will not admit evidence that is confusing, repetitive, or unclear, because the judge must still make a determination F. Douglass Harcleroad Josh Marquis that the evidence pertains to the defendant's guilt and therefore Lane County Clatsop County is relevant. Michael D.Schrunk Russ West Continued next column. Multnomah County Union County (This information furnished by Bob and DeeDee Kouns, Crime Victims (This information furnished by Steve Doell,Crime Victims United.) United.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 143 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 ' Measure No. 40 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION Chief petitioners statement of intent continued from previous As nominees of our political parties for Attorney General of column. Oregon, we are dedicated to the rule of law, including the swift and certain punishment of crime. Section 1(g) ensures that the criminal defendant cannot unilaterally prevent a trial by jury. Obviously the exercise of the We are also dedicated to the Bill of Rights of Oregon's right afforded by this section, and other rights relating to the Constitution which guarantees everyone's rights in Oregon prosecution of the case, must rest ultimately with the district regardless of the rise and fall of decisions made in Washington, attorney. D.C. under federal law. Oregon's courts,familiar with this state's people and history, apply our Bill of Rights to protect the rights Section 1(i) extends to victims the right to a transcript. This and freedom of Oregonians. section will not create new costs. It applies only if a transcript is already prepared and does not prevent a reasonable charge to We deeply believe in protecting and helping the victims of the victim. crime in Oregon.They should be informed about the prosecution of those who are accused of injuring them, and their needs Section 1 Q)prohibits bureaucratic decisions that are hidden from should be carefully considered throughout the case. We are public scrutiny that lessen the convicted criminal's actual proud of our state's efforts to improve the way victims are treated sentence. We do not want parole boards and other by the criminal justice system,and we are committed to working administrative bodies cutting sentences. We think there should hard to continue that effort. be complete truth in sentencing. Good time provisions and boot camp can still be imposed,but these decisions must be made by We do not believe it is necessary to sacrifice Oregon's the judge in open court where the victim has an opportunity to be constitutional guarantees for everyone, as Ballot Measure 40 heard. This amendment would not prevent a judge from altering would do to protect victims of crime. in open court the sentence if the law permits. Ballot Measure 40 would repeal the protection of whole sec- Chief Petitioners: tions of Oregon's Bill of Rights for everyone, even people who are never charged with a crime. It would apply to crimes that Kevin L.Mannix Doris D.Kouns Robert B.Kouns have no victims. These repeals of Oreg6n guarantees are placed among sections that are labeled"victim's rights."But the provisions that (This information furnished by Bob and DeeDee Kouns, Crime Victims help victims are rights that victims already have in Oregon. United.) Others can easily be added by statutes, without amending our Constitution. Ballot Measure 40 amends the Oregon Constitution to take away rights, not to grant them.Those rights, and the others that form our state's Bill of Rights, are every Oregonian's most precious bequest from the men and women who founded our great state. We urge you to vote No on Ballot Measure 40. HARDY MYERS VICTOR HOFFER (This information furnished by Hardy Myers and Victor Hoffer.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 144 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 Measure No. 40 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION PROTECT OUR VALUED CONSTITUTION A message from State Representative Floyd Prozanski VOTE NO ON MEASURE 40 As a prosecutor and family member whose sister was murdered, Oregon's Constitution — and particularly its Bill of Rights— I support the rights of victims and family members. Oregonians represents the efforts of Oregonians since the beginning of state- passed the Crime Victims'Bill of Rights in 1987.Oregon law now hood in 1859 to protect what is unique to our state. provides for victims and family members to be informed about the prosecution of the accused, to be present at trial and to OREGONIANS VALUE LOCAL CONTROL address the court at the time of sentencing. Oregonians cherish our special liberties and wish to continue to enjoy rights accorded to generations of Oregonians before us for I would support Measure 40 if it only strengthened victims'rights. nearly 140 years. Instead,it takes Constitutional rights away from all Oregonians. From the time our state was a distant frontier to the fast- growing state it is now,our state Constitution and elected judges This initiative will reduce many rights Oregonians have enjoyed have protected the rights of Oregonians. since statehood. It will also limit many rights currently As Oregonians,we have shown the nation we can go our own guaranteed in our state Constitution. way and achieve a higher standard. What's so special with the Bill of Rights contained in our state Constitution is its safeguards that have protected Oregonians for generations. That would be It will require Oregon courts to rely upon federal interpretation lost if Measure 40 were to pass. instead of our own state interpretation.Oregonians will be forced to live under the federal rule,which removes local control. OUR CONSTITUTIONAL RIGHTS HAVE ENDURED We should not approach lightly the amendment or revision of Our republican form of government is built on a system of checks our Bill of Rights. Constitutions are intended to endure. Other and balances. This initiative erodes that system by allowing changes, either in law or in the culture, occur in response to the people not responsible or accountable to Oregonians to make passions of the moment and can be changed again when the decisions that will affect our lives. Further, it will extinguish many moment passes. of the safeguards contained in the Oregon Constitution for over Amending or revising Oregon's statement of fundamental rights 100 years. We should protect our state rights and not settle for should be undertaken only after careful public deliberation and federal interpretation of the Oregon Constitution. then thoughtfully drafting of the proposed changes to ensure other rights are not inadvertently diminished. I question the wisdom of allowing an individual to be convicted of aggravated murder on less than an unanimous verdict. As a CARELESS REVISIONS ARE COSTLY family member of a murder victim, I think not. I also question Ballot Measure 40 represents the opposite of an openly whether we want to subject all Oregonians to random roadblocks debated,carefully crafted amendment to our Bill of Rights. to check for drivers'licenses.As a prosecutor, I think not. Measure 40 might have the impact of completely repealing whole sections of our existing Bill of Rights and discarding more Every Oregonian should look beyond the title of this than 140 years of protections enjoyed by all Oregonians. initiative and decide whether you are willing to give up your rights as protected under the Oregon Constitution. MEASURE 40 WILL COST OREGONIANS THEINDEPENDENCE WE'VE CHERISHED FOR DECADES. (This information furnished by Floyd Prozanski,State Representative.) Betty Roberts Former State Senator and former Oregon Supreme Court Justice (This information furnished by Betty Roberts.) (This space purchased for$500 in accordance with 1993 Or.laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an ondorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor do,,,; the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 145 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 Measure No. 40 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION OREGON'S CONSTITUTIONAL LAW PROFESSORS URGE DON'T EXPERIMENT WITH YOU TO VOTE NO ON MEASURE 40 OREGON'S CONSTITUTION Most people arrested are guilty. However, sometimes innocent We believe in victims'rights too. people are mistakenly arrested for a crime they didn't commit. I know that because I have defended them. Measure 40 would People injured by crimes should play an important role in the amend the Oregon Bill of Rights,treating all arrested persons as criminal justice system. Many of us support the parts of Measure the guilty holding them in jail before trial for certain crimes, unless they could prove they would not commit a future crime. 40 that give crime victims a more powerful voice. And, just how likely will innocent people be able to prove that, especially since they have been wrongfully arrested in the first But buried in Measure 40 is a far-reaching and dangerous place?This would be a dramatic change in Oregon law. section that has nothing to do with crime victims or their rights. DON'T EXPERIMENT WITH OREGON'S BILL OF RIGHTS All Oregon judges are elected by the people of Oregon. Section 2 of Measure 40 requires Oregon's elected officials to However, United States Supreme Court justices are politically interpret two key parts of the Oregon Constitution --the guaran- appointed for life. Measure 40 would require our judges to follow tee against government invasions of privacy and the guarantee the decisions of unelected federal justices, even if our elected against self-incrimination -- in exactly the same way that the judges disagreed. There is no sound legal reason for United States Supreme Court interprets similar provisions in the constitutionally chaining Oregonians to the decision of unelected U.S.Constitution,even if our own officials disagree. federal justices. This part of Measure 40 doesn't give anybody rights;it DON'T EXPERIMENTS WITH OREGON'S CONSTITUTION takes rights away from all Oregonians. Oregon's Bill of Rights has always required 12 jurors to agree before convicting a person of murder.This is the most serious of It surrenders the most basic right that law-abiding citizens of crimes, for which the punishment is the most serious. We don't Oregon have: the right to determine for ourselves some of the want to convict even a single innocent person of such a crime. most important powers and limitations of our own state Measure 40 would reduce the number of votes needed to convict government. And it surrenders this fundamental right to federal someone of murder to 11. judges in Washington, D.C.--judges who are unfamiliar with the character of Oregonians and who are strangers to the text and DON'T EXPERIMENT WITH OREGON'S BILL OF RIGHTS history of our Oregon Constitution. Oregon's Bill of Rights is founded upon the principle that citizens are innocent unless proven guilty. We would rather risk having This part of Measure 40 silences Oregonians. nine guilty people go free than wrongly convict even a single innocent person. Measure 40 turns our Oregon officials into puppets who must mouth opinions dictated by distant members of the MEASURE 40 WOULD CHANGE A BASIC federal judiciary. It hands over Oregonians' self-determina- PRINCIPLE OF FREEDOM tion to people and institutions we can't control. It gives It is an unjustified experiment with our fundamental rights as citi- them a free hand to do as they please with our constitution- zens of Oregon. We should refuse to experiment with Oregon's al rights.It's just not worth it. Bill of Rights and Constitution which have served us so well for so long. Professor Garrett Epps Professor William Funk Mike Swaim Professor Stephen Kanter Attorney at Law Professor James O'Fallon Professor David Schuman (This information furnished by Michael E.Swaim.) (This information furnished by Professor Garrett Epps, Professor William Funk, Professor Stephen Kanter, Professor James O'Fallon, and Professor David Schuman.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State cl Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 146 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 Measure No. 40 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION SAVE THE BILL OF RIGHTS PROFESSIONALS WHO HAVE WORKED WITH AND FOR CRIME VICTIMS Vote NO on 40 URGE YOU TO VOTE NO ON MEASURE 40 Oregonians don't want a police state nor an erosion of the pre- In our professional careers as a former prosecutor, a former sumption of innocence. police officer and the legal counsel for organizations that assist In Section 1 (a)Measure 40 provides: victims of sexual and domestic violence, we have great 11—any person arrested for a crime for which the people have sympathy for the victims of crime. However, we must urge set a mandatory minimum sentence shall not be released prior Oregonians to vote No on Measure 40. to trial unless the court determines by clear and convincing evi- dence that the person will not commit new criminal offenses MEASURE 40 IS UNNECESSARY. while on release;" Oregon understands that victims of crime must have a voice in our criminal justice system. That is why Oregon has tough laws This statement brings back my childhood memories of Stalin's to ensure that the rights of victims are considered and supported Russia. KGB agents would come to a person's home, always during every step of the legal process. Most of the proposals in after midnight in a black van, and arrest the head of the Measure 40 duplicate laws that are already on the books. household for a"crime." He would wait in Siberia for a trial with no right of release.The police were always right. MEASURE 40 IS EXPENSIVE. Measure 40 Has Unintended Consequences Measure 40's cost to taxpayers will greatly outweigh any benefits Section 1 (f) and Section 6 effectively repeal the defenses gained, and will remove much of the discretion the courts and known as "self defense," "defense of a third person," and sheriffs need to manage their jail populations within existing "defense of justification." For example, a jogger, attacked and budgets. raped in a public park, kills her rapist and is charged with homicide because there were no witnesses. Arrested persons who are dangerous to the community should If Measure 40 passes, this jogger would have to sit in jail and stay in jail pending court action. Others, however, should be not be released prior to trial because she could not convince the dealt with in ways deemed appropriate by the courts and sheriffs judge by clear and convincing evidence that she will not kill again within the fiscal restraints set by taxpayers. if she is attacked by another rapist while on release.Since she is a criminal defendant she could not, under Measure 40, be considered a victim. Oregon already has successful and cost effective supervision Oregon's Constitution has served the citizens well. programs to monitor defendants released prior to trial. Measure The old American saying goes, "if it ain't broke, don't fix it." 40 prevents sheriffs and courts from fully utilizing those Vote No on Measure 40. alternatives which are far less costly than building and operating new jails. Enver Bozgoz MEASURE 40 GOES TOO FAR. Immigrant and retired attorney Klamath Falls The Oregon Bill of Rights provides stronger guarantees against government invasions of privacy, than the federal constitution. Under Measure 40 (Section 2), all Oregonians will lose those rights. Measure 40 takes away Oregon's autonomy to determine our own principles of criminal justice by restricting us to the more (This information furnished by Enver Bozgoz.) limited federal constitution. Judith Armatta,legal counsel for the Oregon Coalition Against Domestic and Sexual Violence Sidney I.Lezak,former U.S.Attorney for Oregon Tom Potter,retired Chief of Police,Portland Police Bureau (This information furnished by Jann Carson.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 147 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 Measure No. 40 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Vote NO on 40 Ballot Measure 40 Our Children's Future Is At Stake Measure 40 Takes Away Rights Under the pretense of giving new rights to crime victims, this Measure 40 is deceptive. It contains common sense provisions amendment to Oregon's Constitution would actually take away to include victims in the system, which are already in Oregon every Oregonian's rights. Measure 40 looks like it would give law.These, however,are wrapped around sweeping changes in crime victims more rights; however, a closer analysis reveals it the juvenile process. actually limits the rights of all individuals. Measure 40 contains radical provisions regarding admissibility of evidence in juvenile court trials. These changes will not only Victims'Rights Are Protected by Law make trials longer and more expensive, they will also set off a Oregon law already protects the rights of crime victims:victims blizzard of appeals. Many of these appeals will go all the way to are entitled to speak at sentencing and dispositional hearings; the Supreme Court of the United States, paid for by the they are entitled to restitution; they have no obligation to speak taxpayers of Oregon. to the defendant, the defendant's attorney, or anyone acting on Measure 40 contains radical provisions requiring the release of behalf of the defendant. Oregon law already provides mandatory psychological evaluations, school records, employment records criteria for courts to rely on in making release decisions, and health and mental health records of both juveniles and their including consideration for the safety of the crime victim. District parents to victims with no provision to forbid future release of Attorneys already talk to victims about their cases. Victims this information to others. already have the right to information about the criminal history Measure 40 attempts to tie the hands of the Juvenile Court and sentencing of the defendant. judge and makes it impossible to revise plans for the juvenile, even years later as circumstances change. Measure 40 Is a Hollow Promise Measure 40 will do away with the detailed pre trial release pro- Rights are not rights unless they are enforceable. Every right cedures in juvenile court and replace them with an inflexible this measure pretends to give crime victims in Section 1 is standard. It is a stealthy, unfunded mandate designed to force rendered worthless by Section 9 which denies victims any way to construction of even more pre trial lockup facilities throughout enforce their so-called "new rights." A crime victim would have Oregon. no way to force anyone to follow the rules. Through the initiative process (Measure 11)and the legislative process(Senate Bill One)Oregon has already reformed its juve- nile system. These reforms, developed with the full participa- Don't Be Deceived tion of victims'rights groups,are based on the imperatives of Under the guise of expanding rights, this measure would public safety and individual accountability.These reforms need a specifically take away the power of our Oregon-elected Supreme chance to work before any inflexible, draconian measures are Court to determine our personal liberty rights, and give that adopted to pre-empt them. power to the justices of the United States Supreme Court, who Measure 40 isn't needed. Victims already have rights in the are not accountable to Oregonians. Juvenile Court and their role is given great respect. Don't be duped by Ballot Measure 40. Proponents have tried to Defend our state Constitution! ignite voters by using the term"victims'rights"—a term that has Vote no on 40. come to mean something to Oregonians — in the hope voters won't notice the measure strips all of us of personal rights and gives more power to the government. PROTECT YOUR RIGHTS;VOTE NO ON BALLOT (This information furnished by Timothy Travis,Juvenile Rights Project.) MEASURE 40. (This information furnished by Alice Ellis and Cathryn Ruckle.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 148 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 Measure No. 40 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION More Money for Courts and Jails Means Women Lawyers Opposed to Measure 40 Less Money for Kids and Schools Measure 40 does NOT provide any victim rights. It is an expensive and invasive attack on Oregon's One of the reasons Oregon schools lack adequate funding is Bill of.Rights. because we are spending so much on criminal prosecutions and Measure 40 is Another Unfunded Mandate. building prisons. Measure 40 continues and expands the unwise This drains dollars from education and family support pro- policy of spending more on court process and incarceration grams.The costs are unknown. It's fiscally irresponsible to enact instead of investing in our children's future. While victims have Measure 40 without considering the cost of reduced rehabilita- legitimate concerns, Measure 40 is not the best way to address tion services and overcrowded jails. them. Measure 40 Invades Your Privacy Rights and Civil Liberties. A woman's right to choose can be implicated by this amendment, Measure 40 is Not Good Policy or Fiscally Responsible. especially if the Federal Supreme Court continues their course of chipping away established protections. Enactment of this amend- ment seriously jeopardizes the rights of women to make their • The proposed changes to pretrial release will further crowd own choices.Under this amendment,police can: our already overburdened local jails.This will increase costs to . maintain surveillance in public bathrooms without suspicion of local government taxpayers. criminal activity; • The measure will increase the number of jury trials which will . set up road blocks and detain you for vehicle inspection be more costly and further clog our already overcrowded court checks, wildlife checks, or to determine whether you have docket. been drinking; • Changing the rules for death penalty cases will result in more . place tracking devices on your automobile and trace your costly appeals and substantial delays. every movement; • The proposed changes in the rules of criminal procedure will . secretly tape record conversations between prisoners and cause increased district attorney and public defender costs. priests. • Measure 40 severely limits judges and other authorities from Measure 40 Supports Warehousing Inmates. using less expensive and mope effective alternatives to Under this amendment,jail and prison rehabilitation opportunities traditional incarceration like mandatory alcohol and drug treat- will be greatly reduced: ment,intensive supervision and electronic bracelets. . Judges won't be able to send defendants to treatment centers after they have been sentenced. Our children need and deserve a high quality education. We • The successful "Boot Camp" program which requires hard need to bring balance back to our use of public funds and focus physical work and rehabilitative efforts by inmates will no on funding education. longer be able to reduce expensive prison time. Measure 40 Replaces State Rights with Federal Rights VOTE NO ON MEASURE 40 Under this amendment,state judges are forced to use the opin- ions of the unelected judges on the U.S. Supreme Court in Washington,D.C. We are parents, grandparents, business owners and citizens Measure 40 is Mean Spirited and Inhumane. who support education funding: Under this amendment, elderly or dying.inmates will not be released to medical facilities or to their families unless the Marc Abrams•Jane Ames•Jack Bierwirth•Marianne Fitzgerald Governor intervenes on each and every case. •Janna Kinkade • Norma Paulus • Dr. Matthew Prophet, Jr. We urge a NO vote on Measure 40 •Michael Roach•Francie Royce•Beverly Stein•Les Swanson Marie Desmond, Laura Fine,Shaun McCrea,Karla Nash,Martha Roberts,Ilisa Rooke-Ley, (This information furnished by Beverly Stein.) (This information furnished by Laura A.Fine.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 149 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 Measure No. 40 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION VOTE NO ON MEASURE 40 DON'T GIVE UP YOUR RIGHT TO PRIVACY! VOTE NO ON MEASURE 40! As a former prosecutor (and crime victim) I know how vital it is that people injured by crime have a strong voice. But this Buried in Section 2 of Measure 40 is a provision that would so-called "Victims Rights" provision does little to improve the effectively repeal the Oregon Bill of Rights protection of privacy. plight of crime victims and does severe harm to rights provided This has little if anything to do with helping crime victims. by our Oregon Constitution. Instead, it will encourage overzealous government officials to violate the privacy rights of law-abiding Oregonians. Voters should consider these important points: DON'T ENCOURAGE TAPING OF CONFIDENTIAL 1. Measure 40 eviscerates existing protections in our Oregon COMMUNICATIONS! Constitution against unreasonable searches and seizures of our homes, property and families. Our elected officials would be If Measure 40 passes, the recent taping of a confidential required to interpret these rights as dictated by the U.S. interview between a Catholic priest and a jail inmate would get Supreme Court.The U.S.Constitution provides substantially less the voters'seal of approval.Don't give up your privacy rights! protection. What is satisfactory for purposes of governing authority in matters of national security or concerns is MEASURE 40 THROWS AWAY OREGON SAFEGUARDS inappropriate applied to Oregon citizens in day-to-day community life. The Oregon Bill of Rights safeguards Oregonians from unrea- sonable government searches and does a better job protecting 2. The balance of the measure is a mish-mash of ill-conceived our privacy than the federal Fourth Amendment. proposals that create more questions than answers. Here are some things that become legal in Oregon if 3. Evidence obtained in violation of search warrants, wiretap Measure 40.is approved: laws and other restrictions on unreliable or improper evidence . Government agents could secretly videotape you in a public would now be admissible. restroom. • A warrant to search your home could be obtained on the 4. Language which purports to tighten up bail standards is so basis of information provided by an unreliable informant who poorly drafted that it's easy to foresee bail being granted on lied to police--even though the police knew he had reason to more violent crimes and denied on lesser crimes, depending on lie. how the offense law is passed. • Government agents could board a bus with their weapons drawn, keep you from leaving and interrogate you--even if 5. Litigation to sort this out will be ongoing and costly. they had no reason to believe you or any other passenger had done something wrong. • The government could detain you at the airport because you This measure will make victims of us all. Vote no on fit a"drug courier"profile,just like they did to a U of O foot- Measure 40. ball recruit in 1992. He happened to be African-American, arriving from Oakland and wearing an article of blue clothing. Greg Veralrud • Government agents could trespass on your forested property and look into your house with binoculars just to sat- isfy their curiosity. (This information furnished by Greg veralrud.) Today, in Oregon, government agents must have evidence you have violated the law before they search you or your possessions. If Measure 40 passes,that will change. DON'T GIVE UP YOUR PRIVACY! VOTE NO ON MEASURE 40! (This information furnished by David Fidanque, American Civil Liberties Union of Oregon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 150 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 40 ARGUMENT IN OPPOSITION The Former Deans Committee The Oregon Constitution requires that initiative measures must "embrace one subject matter and matters properly connected therewith."The purpose of this provision is to prevent confusion when voters go to the polls. Notwithstanding the decision of the Secretary of State that this Measure involves only one subject, we believe Measure 40 appears to combine more than one subject in this initiative and fails the"one subject test"as defined by the Oregon Supreme Court. A voter who is hoping to expand the rights of victims would not expect to find hidden within Measure 40 a provision to permit non-unanimous jury verdicts in murder cases, to permit preventive detention without reasonable bail and limits to changes in statutory rules relating to privilege and hearsay except through a state constitutional amendment. The subject matter confusion stems from a concerted effort to equate the protection of victims' rights with the restriction of a criminal defendant's rights. Finally, we believe that legal rules affecting the process of a criminal trial belong in laws,not in the Oregon Constitution. We provide this information to help fellow voters in understanding this measure.Our comments are designed only to provide objective and careful constitutional analysis of the measure.Collectively,we take no position on the other merits of this measure. Prof.Leroy Tornquist(Chair),Former Dean Willamette University College of Law Prof. Emeritus Chapin Clark, Former Dean University of Oregon School of Law President David Frohnmayer University of Oregon Former Dean University of Oregon School of Law Prof.Maurice Holland,Former Dean University of Oregon School of Law Prof. Robert Misner,Former Dean Willamette University College of Law (This information furnished by Bob Cannon, The Former Deans Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 151 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 41 Measure No. 41 Proposed by initiative petition to be voted on at the General agencies,counties,cities,school district,and gov- Election,November 5, 1996. ernment service districts, and any person who qualifies for membership under the Public Employee Retirement System. B/►1 LOT T�TI L E SECTION 3. These sections shall supersede any other provi- nL sion of the Oregon Constitution with which they conflict. If any subsection,clause or part of these sections is held invalid under Cam �1 the United States Constitution as to any person or circumstance by any court of competent jurisdiction, the remaining subsec X tions,clauses and parts shall not be affected and shall remain in R"Vag k full force and effect. t.� po � �� �z. EN 3 EXPLANATORY STATEMENT This measure places an existing statutory right of public access p to public employee compensation information in the Oregon rte ' Constitution. It provides that beginning July 1, 1997: �4", � t'�faY � t1t�1t All employees of any unit of state or local government and any p ersons who quality for membership under the Public Employee „ tfs ( Intorv�lilott Retirement System would have their earnings expressed in terms that include all costs borne by the employer for the benefit § r � of the employee for each hour actually worked, as opposed to f the general practice of expressing salary and other benefit fig- ��}K# (MRA �fay tL ures separately. Tit lit t. At I Those compensation costs exclude workers compensation s � premiums, but include base pay or salary, benefit package, x ,„ vacation,clothing allowance, rest and meal breaks, holiday pay, personal leave, Social Security and Medicare taxes, retirement, federal unemployment, family leave, sick leave, bonuses, merit AMENDS CONSTITUTION pay,overtime,child care,compensation time,employer tax,con- Be it enacted by the People of the State of Oregon: tinuing education and state unemployment taxes. PREAMBLE: Because the taxpayer has the right to know how much their public servants are compensated for their work, and Committee Members: Appointed by: that the taxpayer must have this information in order to hold their Thomas W.Mann Chief Petitioners government accountable for paying their public servants fairly, Gordon Miller Chief Petitioners the following is enacted: Greg Hartman Secretary of State SECTION 1. (A)All publicly funded employees shall have their Bill Uehlein Secretary of State earnings expressed in terms of Total Don Scarborough Members of the Committee Compensation per hour actually worked. (B) All publicly funded employee service in the various ranges and position classes shall be (This committee was appointed to provide an impartial explanation of the expressed in Total Compensation per hour actual- ballot measure pursuant to ORS 251.215.) ly worked. (C) The people of he State of Oregon have a right to access compete information regarding the Total Compensation provided to all public employ- ees. (D)Section 1 of this 1996 Act shall be implement- ed July 1, 1997. SECTION 2. The following are definitions for this Act: (A) Total Compensation shall include all cost borne by the employer for the benefit of the employee, except workers compensation premi- ums.These costs shall include,but are not limited to base pay/salary, benefit package, vacation, clothing allowance, rest and meal breaks, holiday pay,personal leave,Social Security and Medicare taxes, retirement, federal unemployment, family leave, sick leave, bonuses, merit pay, overtime, child care,compensation time,employer tax,con- tinuing education,and state unemployment taxes. (B) A "Publicly Funded Employee" means any person employed by any unit of state or local gov- ernment, including but not limited to state 152 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 41 Measure No. 41 ARGUMENT IN FAVOR ARGUMENT IN FAVOR VOTERS PAMPHLET STATEMENT BALLOT MEASURE 41 We public employees have a choice to make this November. PROPONENT For a long time we've hid behind the skirts of our unions when the public has asked for accountability for their tax dollars. The Over the past several years, we in the public have heard the unions have said that it's no one's business what we make - sometimes disturbing and personal debate over public employee salary or benefits. The union says that anyone who asks where pay in this state. Each side has presented over the course of this their money goes is looking to hurt us. But the union's attitude debate several sets of figures which supposedly show the costs has done nothing but increase the public's mistrust and anger borne by the taxpayer for its public servants. However, as each with its public servants. To conceal salary and benefit informa- set of numbers is made public,the other side disputes the legiti- tion from the public only confirms suspicions that we are over- macy of the research. paid,and scared of the truth. Then one day I came across an article in The Oregonian by As a retired school teacher, I know this is not the case, and we the Executive Director of the Oregon Public Employees Union, must prove that we have nothing to hide from the public that Alice Dale. "...if we look at the whole picture--total compensa- funds our positions, and the needed services we provide this tion....Total compensation for both groups (public/private) is at state. And although the union has opposed Ballot Measure 41's market,"Dale wrote. (The Oregonian 7/5/94) sunlight provisions to share our salary and benefits as total com- pensation with the public,the onion's wrong on this one! Total Compensation, listing all costs borne by the employer for When I taught school, I instructed my students in openness, the employee, is not a new concept. Many businesses, including mine, use this method to account for its human resource expen fairness,and honesty.As a retired school teacher, I am proud to ditures. In fact, I am told that some units in state government support the provisions in Measure 41 because they live up to also use this method. these same standards we expect from our government, open- ness,fairness,and honesty! That is why I am supporting Alice Dale's implied suggestion, and have submitted Ballot Measure 41 to the people of Oregon. It is important to note that this measure does not in any way Measure 41 implements Total Compensation throughout our change anyone's salary or benefits. In fact, it may protect our entire public employee system. benefits such as PERS and sick leave from future raids. What Measure 41 does is list the total compensation of public employees,information which already is public record. The benefits of such a system are obvious. First and foremost, the argument as to just how much does a public employee make Like you, I worked very hard for my students, my community will end!Secondly,the intent of this measure is to give our public servants more freedom by outlining just what they are receiving and state . I have never been afraid of the truth,and Measure from their employers. This will allow them to make better 41 jusst t makes sense. The public has a right to know how their informed choices regarding their compensation.Lastly,the public public servants are compensated, that's why I'm vote YES on will have an audit as to where its hard-earned tax money is Ballot Measure 41. going. Alice Dale is correct in her thinking. A little sunshine about the total compensation of our public servants is a healthy step to end (This information furnished by Yvon Estes.) this ridiculous debate. Vote YES on 41 (This information furnished by Gordon Miller,M.D.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 153 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 41 Measure No. 41 ARGUMENT IN FAVOR ARGUMENT IN FAVOR It's Just Not Fair! Ignorance is Bliss! That's what the public employee unions want you to believe At least that's what the opponents of Ballot Measure 41 would about Ballot Measure 41. And although they've packaged their like the taxpayers to think! You see, Measure 41 is a"sunshine" argument in a new bottle,it's the same old whine! measure which makes public all the tax money spent on public employee salary and benefits. * It's not fair to include benefits as part of public employee com- pensation. It's true that this information already is public record; however, neither legislators nor the public at large has ever really been *It's not fair to demand accountability from our government, and able to get their hands on the exact numbers. Seems that some- public servants. one has made it very difficult to find out just how much tax money is spent on all public employee pay and benefits. That's *It's not fair to make sure that a public employee who works 60 why Measure 41 is so important.There can be no doubt that the hours a week is actually paid for 60 hours worth of work. public is entitled know just what is spent on its government, o and Measure 41 outlines these costs explicitly. *It's not fair to allow state employees to compare their total com- So the question that begs is this:Why are the unions afraid of pensation to their peers. showing the pubic the real numbers? Could it be that the union has been less than forthcoming in past debates regarding the *It's not fair for the taxpayer to see if their public servants are total compensation of its employees? Hmmm. As Shakespeare compensated fairly. once said,"Me thinkest thou protesteth too muchl' *It's not fair for taxpayers to see if we get what we're paying for! Ballot Measure 41 DOES NOT in any way affect salary or benefits. It only documents what they are,and makes this infor- Seems that the unions are afraid of making their public employ- mation available to the boss, you the taxpayer. Don't let your ee's salary and benefits as described as total compensation. government hide the truth from you. Demand an accounting for This is all Ballot Measure 41 does.So,what does the union have the ever increasing amount of money you give to Salem. to hide? Don't stand for the union's "shell game." It's your money,find out how it's spent. VOTE YES ON MEASURE 41 Vote YES on 41 (This information furnished by Tom Mann.) (This information furnished by Dan Estes.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- he printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ent by the State of Oregon, nor does the state warrant the.accuracy or truth of any statement made in the argument. �the.accuracy or truth of any statement made in the argument. 154 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 41 Measure No. 41 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION PROTECT OUR CONSTITUTION FROM CLUTTER: KEEP COMPLEX RECORD-KEEPING OUT OF VOTE NO ON 41 THE OREGON CONSTITUTION From the Desk of Governor John Kitzhaber,M.D. Vote no on 41. Dear Oregon Voter: Ballot Measure 41 would impose a lengthy list of unnecessary, complex record-keeping that dictates the way public agencies The Oregon Constitution.is a precious document that guides should report employee compensation. Oregon government and protects our rights. It should not be used frivolously.Ballot Measure 41 would add unnecessary,con- Adding such accounting practices clutters the Constitution. For fusing language to the Oregon Constitution. example, Measure 41 requires accountants to keep track of things like how many times a month every police officer in the It doesn't belong in the constitution. state dry cleans his or her uniform. Reporting of public employee salaries is an accounting issue. It Measure 41 is being sponsored by one millionaire who spent has nothing to do with the basic foundations of Oregon govern- nearly$75,000 of his own money to go after public employees. ment. It has nothing to do with citizen rights. We cannot continue to let special interests tamper with our Constitution. It has no place in the Constitution. It could raise costs for all of us. Further, this information is already available to anybody who wants it. The volume of details required by Measure 41 would add work to the accounting staffs of all agencies.This is a waste of time and Oregon provides detailed information about public employee money. compensation, including wages and benefits. It's easy to access and easy to understand. Vote no on Ballot Measure 41.It doesn't belong in the Constitution. Finally,Measure 41 pits Oregonians against each other. It's time to stop treating our public servants unfairly. We are (This information furnished by Dianna McCoy, Treasurer, We Already ready to move on, to work together to make our communities Have This Information Comm.) and our government agencies work as well as they possibly can. Oregon faces many challenges in the coming year: improving our roads, our schools and our environment. Let's focus our energy on solving those problems instead of this type of divisive ballot measure. Reject a negative, needless addition to Oregon's Constitution. VOTE NO ON 41. Sincerely, John A.Kitzhaber,M.D. (This information furnished by Governor John A.Kitzhaber,M.D.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 155 CONTINUED Official 1996 General Election Voters'Pamphlet=Statewide Measures Measure No. 41 Measure No. 41 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION BALLOT MEASURE 41: OPENING THE DOOR TO TAXING UNDER BALLOT MEASURE 41,GOVERNMENTS WOULD YOUR BENEFITS? HAVE TO PROVIDE MISLEADING INFORMATION. Caution Requires a NO Vote on Measure 41. Ballot Measure 41 is intended to make it look like all public employees earn a lot more money than they really do. No one in Keep wages,benefits separate the private sector has their benefits calculated in a way that Many Oregonians work for businesses that provide health care, makes it look like take-home pay—but that's just what Measure , retirement and other benefits. These benefits never have been 41 will do to public employees. taxed by any level of government. Let's look at what "benefits" would be included in the calcula- Now,some people want to lump the salary and benefits of public tions: employees together and show only a single amount. The cost of: Is this the first step in taxing benefits for both public and private • uniforms and their cleaning employees? • required continuing education What if they taxed benefits? • federal and state unemployment taxes Health insurance is a valued contribution that employees receive • local employer taxes from employers. But if it were taxed, workers take-home pay would be much less. legally required rest and meal breaks • Social Security taxes In addition, by lumping together salary and benefits, many busi- nesses that pay taxes based on employee compensation might If you include these all these items, you can make it look like have to pay higher taxes. every public employee makes a lot of money. But if you consid- ered all these as"benefits"for any employee—public or private— Don't set a precedent. it would make their compensation seem a lot higher,too. Traditionally,compensation for both public and private workers is described by salary plus benefits. There's no reason to change In fact,once this kind of salary and benefits calculation happens this tradition,except to pave the way to tax our benefits. to public employees,private sector employees will be next. Why take the chance?Vote no on Measure 41. Don't be fooled by the title"Truth in Compensation." Ballot Measure 41 would lead to distortions and'half truths. It would do nothing to balance government budgets. (This information furnished by Irvin H. Fletcher, President, Oregon AFL-CIO.) Vote NO on Measure 41. (This information furnished by Dianna McCov. Treasurer, We Already Have This Information Comm. (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute'an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 156 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 41 ARGUMENT IN OPPOSITION PUBLIC EMPLOYEES BELIEVE THE CONSTITUTION IS NO PLACE TO DISTORT THE TRUTH Vote NO on Measure 41 The creators of Measure 41 want Oregonians to believe that public employees earn far more in salary than they actually do. Have you ever thought your own lunch break or federal unem- ployment taxes should be counted as "salary?" Measure 41 does. And Measure 41 would become a part of Oregon's Constitution. We can't figure out why. The Constitution is no place to distort the truth. OREGON'S PUBLIC EMPLOYEES AREN'T AFRAID TO TELL YOU WHAT WE EARN.IT'S PUBLIC RECORD. Vote NO On Measure 41 It's Misleading Why distort the facts and put them in the Constitution? it's bad public policy. Support what's real. Salaries are just that-- salaries. Lunch breaks should not be counted (and reported) as salaries. Imagine the administrative nightmare and high costs this measure would create. Talk about government waste. Talk about bureaucracy. YOU CAN STOP IT. VOTE NO ON MEASURE 41. Bruce Adams,President Oregon Education Association(OEA) Ken Allen,Executive Director American Federation of State,County Municipal Employees (AFSCME) Karla Spence,President Oregon Public Employees Union(OPEU) (This information furnished by Bruce Adams, Oregon Education Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) m ng of this argument does not constitute an endorse- acy oritruth of ofOregon, ny statementt made in thetargme t. 157 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 42 Measure No. 42 FElection, itiative petition to be voted on at the General research purposes. This information shall be public. However, ber 5, 1996. the Dep artment of Education shall take all necessary steps to ensure the privacy of individual student's name and confidentiali- BA ITLE ty while complying with this subsection. (D) The Department of Education shall ensure k that every criterion reference test can be cross-referenced, via student identification number, with college admission tests given Pt + < in the public schools for the purpose of both public and private research. res Pq t 00 iJ 60 A k 1� t f SECTION 3. These sections shall supersede any other provi sion of the Oregon Constitution with which they conflict. If any k subsection,clause or part of these sections is held invalid under StJMM4f 'x�d t#� the United States Constitution as to an -� � nttta(test y person or circumstance ��:� � by any court of competent jurisdiction, the remaining subsec- tions,clauses and arts shall not be affected and shall remain in if flrrde full force and effect. n, Or EXPLANATORY STATEMENT 4 This measure amends the Oregon Constitution by adding sec- 1~S1AIfT � � t € . diftes tions related to the testing of certain students. The Oregon to�� f11 � z fa � � Constitution does not contain testing or assessment require - &AI d € AC k�Ott And ments for students. Current law requires the Department of to 46% Education to test students in grades 3,5,8,and 10. The measure amends the Oregon Constitution to require annu- al statewide testing of all public school students in grades 4-12. The test, required to be given within two weeks of the beginning of each school year, will include math and verbal skills.The test AMENDS CONSTITUTION must not contain moral,social or political value testing. Be it enacted by the People of the State of Oregon: The measure requires the test to be identified by student name, PREAMBLE: Because the taxpayer has the right to ensure that student their money spent on public education is effective in educating academic dyear antd school identtiif cat on.e hge measuredrequires their children in academic basics, and in order to help hold the the schools accountable for educating their children,the following is dent's hname, only to thelstudent tst results,and the studentt''s palrenttor enacted: guardian. SECTION 1. (A)A criterion reference test, which includes but The measure requires the Department of Education to keep is not limited to math and verbal skills,shall be given annually to Public records of each student's test to ensure the test results all students receiving public funding for their K-12 education who can be cross referenced with college entrance exams and for are in grades 4 through 12. The test shall be given within two research purposes. The Department of Education must take all weeks of the start of each academic year. necessary steps to ensure the confidentiality of all individual stu- dents. within the same a h students academic year and same grade.tTheltest shall The Department of Education must, within 90 days of the test not contain any moral,social or political value testing. date, issue a public report on the test. The report must include the total testing results of each school and each grade in the SECTION 2. (A)The test shall be identified by student name, school as compared to statewide results. student identification number, birth date, gender, grade level, academic year and school identification.The school shall release The measure supersedes any other provision of the Oregon individual test results which include the student's name only to Constitution that it may conflict with. If any portion of the mea- the student, and to the student's parent, or the student's legal sure is invalidated, the remaining portions remain in full force guardian. These results must be provided within 90 days of the and effect. test date. Committee Members: Appointed by: (B) The Department of Education shall issue a Thomas W.Mann public report on the test which includes the total testing results of Chief Petitioners each school and each grade in the school as compared to Gordon Miller Chief Petitioners statewide results of the test within 90 days of the test date. John Marshall Secretary of State Greg McMurdo Secretary of State (C) The Department of Education shall keep a Don Scarborough Members of the Committee record of each student's test result with student identifiers for at least two years after the student's estimated graduation date for (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) 158 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 42 Measure No. 42 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Since about 1991 there has been a storm raging in Oregon Students fail to get better math scores over our public education system, and how we are teaching our (The Oregonian 8/22/96) children.And while the Legislature,the education establishment, and parents have been in a tug-of-war over education reform, Last session, we approved more than $3.5 billion for K-12 edu- the real issue at hand is this:Does our education system w cation. And the result? "I've been announcing the same di w ork? smal math scores for five years."State Superintendent Norma Paulus During the 1995 Legislative session, that question was almost conceded (The Oregonian, 8/22/96) After four years in her addressed. However, like most things in the Legislature their position, Paulus and her staff have been touting ineffective efforts fell short.That is why the people of Oregon will have the everywhere except on bheir own education continued m efforts lay blame opportunity to vote on Ballot Measure 42. Ballot Measure 42 implements yearly testing of our public As Chairperson of the House Education Subcommittee during school students in grades 4-12. Every student in these grades the 1995 Legislative Session, I have seen overwhelming evi- will take the test, and test results will be compared by grade, dence that substantiates that our educational system has been school and school district. Measure 42 became necessary when failing our children. The August Oregonian story confirms my the Legislature failed to put adequate testing provisions in its last fears. " in a review last week the.American Federation of Am education reform law. The Legislature's approach, endorsed by Oregon Teachers ranked Oregon low saving its content the education establishment,was to only test certain students in standards were incomplete and vague. (Statesman Journal sporadic grade levels. The flaws in this system are obvious: 8/18/96)We can no longer afford to fail our children, and that's There is no clear way to track the educational system; Students why I am supporting Ballot Measure 42. Measure 42 implements can fall between the cracks in non-test years and never fully yearly school testing in grades 4-12. This test will audit our catch up;and this method is not accountable to parents and tax- K-12 education system to determine if it works. And if the payers.Only by testing annually can we truly measure the effec- Federation of Oregon Teachers is correct,we have a lot of work tiveness of the $3.5 Billion we taxpayers give to our schools to to do! teach our children the"Three Rs." Clearly, the current system is not working. Only by tracking our The test proposed by Measure 42 tests verbal and math skills students every year will be able to determine where are system only, and is given within two weeks of the-beginning of the is failing them. The current practice of testing only in sporadic school year.The reason it is given at the beginning of the year is years has given us these dismal math scores for five years! so that challenged students will receive the help they need at the Although the education establishment is balking at yearly testing, beginning of the year, and not suffer heir d ff cult es.hole year there re spending to educate our children Mellions of asure 42 gualaantees before they are tested,and we learn of t parents and taxpayer this accountability. YES on 42 for Accountability YES on 42 for our Communities It's time for parents and taxpayers to demand accountability. YES on 42 for our Children Annual testing will help identify problems before they infect the system. This will positively increase the value of eagh_ education dollar spent! Join me, State Representative Patti Milne,in voting for Ballot Measure 42. (This information furnished by Gordon Miller,M.D.) (This information furnished by Patti Milne,State Representative.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 159 CONTINUED IF Official 1996 General Election Voters'pamphlet—Statewide Measures Measure No. 42 Measure No. 42 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Last year,the Oregon Legislature approved more than$3.5 bil- It's Just Not Fair! lion for our K-12 public schools for the 1995-97 biennium, according to Associated Oregon Industries. Now, the education establishment is balking at Ballot Measure 42's school testing At least that's what the education establishment wants you to provisions because they say it costs too much money. ' believe about Ballot Measure which implements yearly school testing of all our public schch which students in grades 4-12, According to Legislative Fiscal Office calculations, Measure and compares the results by grade and school. 42's yearly testing of all public school students in grades 4-12 will cost between $2-$7 million. These amounts represent less *It's just not fair to test all the students. than one-tenth of one percent of the total state budget for K-12 education. 'It's just not fair to compare the test results with other school dis- tricts. While the education establishment would like you to think the measure is cost prohibitive,their motives obviously lie elsewhere "It's just not fair to spend less than one-tenth Qf one percent of given the reality of how little it cost to make such a huge invest- the entire K-12 budget on testing. ment in the education of our children. 'It's just not fair that parents will have a guide by which they can So what gives?What is their motive for opposing yearly school judge their child's education. testing of every student in grades 4-12?Could it be they current- ly don't test all the students,only the achievers?Could it be that 'It's just not fair that taxpayers will have some accountability for when compared with other school districts there will be an their education dollars. uneven application of education throughout the state? Could it be they don't want parents to have a way to hold their school districts accountable? Or is it they are not sure the educational "It's just not fair to test students at the beginning of the year to system they have implemented actually works? identify those who may need early help. No matter what their motive, they are wrong for opposing 'It's just not fair to test yearly,so that students don't"fall through yearly school testing.Acting as an audit, yearly testing will not the cracks," only check to see if the system is working,but will help teachers, and parents identify students who may.need a little extra help at 'It's just not fair to make sure our students can read and write the beginning of the year to be successful by year's end. when they graduate high school. There can be no greater task than educating our children. If all this is unfair, the question that the education establish- Don't let the education bureaucracy get away with more scare ment must answer is this: What Are You Afraid of? What do tactics.Our children's futures are too important. you think these verbal and math tests will show when actually taken by all the students, not just the ones hand-picked to take VOTE YES ON BALLOT MEASURE 42 the test,Hmmm? Every good parent knows there is nothing evil about testing the educational system under which their child is taught the "Three (This information furnished by Eleanor J.Boese.) Rs."Ballot Measure 42 simply expands the state's future plans to test sporadic grades, and replaces those plans with yearly test- ing to ensure no Oregon student"falls between the cracks"of our educational system. Educating our children is the most important thing we can do for Oregon's future. Ensure our children the best education we can provide. VOTE YES ON BALLOT MEASURE 42 (This information furnished by Tom Mann.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) Etheatc ting of this argument does not constitute an endorse E ting of this argument does not constitute an endorse- the State of Oregon, nor does the state warrant y the State of Oregon, nor does the state warrant racy or truth of any statement made in the argu ment. racy or truth of any statement made in the argument. 160 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 42 Measure -No. 42 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION Remarkably, the education establishment is balking at testing Unnecessary Measure Duplicates State Tests our public school children every year from the fourth grade through their senior year. Ballot Measure 42, which implements State Superintendent Urges No on 42 this testing, will make our educational system accountable to parents,and taxpayers.Yet,the very people who run the system Oregon already tests students. Since 1991, the Oregon seem scared to let the public see how our schools are really Department of Education has developed a statewide testing doing_That's why we need Ballot Measure 42! system for students in grades 3, 5, 8, 10 and 12 in English, mathematics, science and the social sciences. The opponents of yearly testing argue they already are testing These tests: some school students,and that it's not fair to compare individual . Are criterion-referenced; schools across the state. These arguments hold no water what- . Given annually to students in the same year and grade; soever.Current law only tests grades 3,5,8,and 10.This band- . Test mathematics, verbal and other academic skills; aid approach does not fully test the educational system, and produce a public report, comparing local and statewide gives parents and teachers little opportunity to catch challenged results; students before they fall through the cracks of our educational Do not test moral, social or political values; and system. That's why students are graduating high school who' can't read or do simple math; there is no accountability in the Protect student privacy. current system. Comparing our schools is very important because every Oregon student deserves the same level of edu- Students already take state, district and classroom tests. cation whether the student goes to school in Beaverton or Burns. Ballot Measure 42 would require even more tests.This would Currently,this is not the case,and it needs to change. be duplicative,costly and drain money from classrooms. According to Associated Oregon Industries, our public schools Early tests do not evaluate teaching and learning. spent more than $3.5 billion to educate our children. Ballot Teachers need the first weeks of school to help students settle Measure 42 advocates spending less than one tenth of one back into the classroom.Tests during that time measure what percent of that money to test our educational system to ensure students forgot over summer vacation, not what they learned our children are getting the education we have paid for.This is a after a few months of study. State tests are given in the spring very small investment in our children which will reap significant to more effectively assess teaching and learning. dividends in their future. • Constitutional amendments should reflect basic princi- Measure 42 is on the ballot because the education establish- ples. This ballot measure eliminates flexibility and short-cir- ment does not necessarily want you to know how your school is cuits local control. Constitutional amendments should be doing,and if the educational system implemented by your school informed,long-term solutions to public policy issues,not short- is working. However, what you don't know could hurt you sighted reactions. and your children.That's why you need to vote Please Vote NO on Ballot Measure 42. YES on Ballot Measure 42. Norma Paulus State Superintendent of Public Instruction (Not paid for with public funds.) (This information furnished by Dan Estes.) (This information furnished by Norma Paulus, State Superintendent of Public Instruction.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 161 CONTINUED Official 1996 General Election Voters'Pamphlet— tatewide Measures Measure No. 42 ARGUMENT IN OPPOSITION SCHOOL TESTS IN OREGON'S CONSTITUTION? It's Unnecessary. It's Inappropriate. Oregon's Teachers Urge a No Vote on Measure 42 Oregon's students are routinely tested in the classroom. Currently, most Oregon students take three kinds of tests: state tests, district achievement tests and their classroom teacher tests. More testing isn't the answer to a better education. Excessive mandated testing offers serious drawbacks. STUDENTS LOSE INSTRUCTIONAL TIME Time testing is time away from learning. MANDATED TESTS OFTEN DICTATE WHAT IS TAUGHT Test-driven instruction focuses on test content. This neglects other material which could be explored in the classroom. COMMUNITIES LOSE LOCAL CONTROL Mandated testing moves school authority away from the class- room and towards the legislature. IT'S UNNECESSARY PRESSURE ON THE STUDENTS Educators know you cannot test students to higher knowledge levels.Instruction time does that. STUDENT TESTING DOESN'T BELONG IN OREGON'S CONSTITUTION Any student can tell you the Constitution was created for higher purposes than student testing. Oregon's Constitution shouldn't be cluttered with trivia. Vote NO on Measure 42 Bruce Adams,president Oregon Education Association (This information furnished by Bruce Adams, Oregon Education Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) F rinting of this argument does not constitute an endorse by the State of Oregon, nor does the state warrant curacy or truth of any statement made in the argument. 162 Official 1996 General Election Voters'Pamphlet—Statewide Measures measure No. 43 Measure No. 43 Proposed by initiative petition to be voted on at the General (4) The state has a basic obligation to protect the public by Election,November 5, 1996. attempting to assure the orderly and uninterrupted operations and functions of government;and (5) It is the purpose of ORS 243.800 to 243.880 to obligate BALLOT TITLE public employers, public safety employees and their.representa- tives to enter into collective negotiations with willingness to s resolve grievances and disputes relating to employment relations A� ''llR and to enter into written and signed contracts evidencing agree ments resulting from such negotiations. It is also the purpose of � s ORS 243.800 to 243.880 to promote the improvement of employ �y er-employee relations within the various public employers by pro g #nfng � � � af� employees ees'tor join organizations an�zation recognizing of h their right choice public and to be Y 1 9 re resented b such organizations in their employment relations p Y g with public employers. gritting 1 I_ , � ���� �� Section 3. F� � � 243.805.Definitions for ORS 243.800 to 243.880. f � � 'g As used in ORS 243.800 to 243.880, unless the context :S JMMA f requires otherwise: r� (1)"Appropriate bargaining unit"means the unit designated by the board to be appropriate for the purpose of collective bargain it Who �fi � in g. (2)"Board"means the Employment Relations Board. MW �g (3)"Certification"means official recognition by the board that a labor organization is the exclusive representative for all of the Est A public safety employees in the appropriate bargaining unit. (4)"Collective bargaining"means the performance of the mutu- al obligation of a public employer and the representative of its -' public safety employees to meet at reasonable times and confer in good faith with respect to employment relations,or the negoti- ation of an agreement, or any question arising thereunder, and THE OREGON PUBLIC SAFETY ACT the execution of a written contract incorporating any agreement reached if requested by either party. However, this obligation Be it enacted by the People of the State of Oregon. does not compel either party to agree to a proposal or require the making of a concession. Section 1 (5)"Compulsory arbitration"means the procedure whereby par- Sections 1 through 24 of this measure shall be added to and ties involved in a labor dispute are required by law to submit their become part of ORS Chapter 243.800. differences to a third party for a final and binding decision. Section 2 (6)"Confidential employee"means one who assists and acts in a confidential capacity to a person who formulates, determines 243.800.Policy statement. and effectuates management policies in the area of collective (1)The people of this state have a fundamental interest in the bargaining. development of harmonious and cooperative relationships (7) "Employment relations" includes, but is not limited to, mat- between government and its public safety employees; ters concerning direct or indirect monetary benefits, hours,trans- (2)Recognition by public employers of the right of public safety fers, vacations, sick leave, employee safety, promotions, griev- employees to organize and full acceptance of the principle and ance procedures and other conditions of employment. procedure of collective negotiation between public employers (8) "Exclusive representative" means the labor organization and public safety employee organizations can alleviate various which, as a result of certification by the board or recognition by forms of strife and unrest. Experience in the private and public the employer, has the right to be the collective bargaining agent sectors of our economy has proved that unresolved disputes in of all public safety employees in an appropriate bargaining unit. the public service are injurious to the public, the governmental agencies,and public safety employees; (9) "Fair-share agreement" means an agreement between the public employer and the recognized or certified bargaining repre- (3) Experience in private and public employment has also sentative of public safety employees whereby public safety proved that protection by law of the right of employees to orga- employees who are not members of the public safety employee nize and negotiate collectively safeguards employees and the organization are required to make an in-lieu-of-dues payment to public from injury,impairment and interruptions of necessary ser- a public safety employee organization except as provided in vices, and removes certain recognized sources of strife and ORS 243.810. Upon the filing with the board of a petition by 30 unrest, by encouraging practices fundamental to the peaceful percent or more of the public safety employees in an appropriate adjustment of disputes arising out of differences as to wages, bargaining unit covered by such union security agreement hours, terms and other working conditions, and by establishing declaring they desire that such agreement be rescinded, the greater equality of bargaining power between public employers board shall take a secret ballot of the public safety employees in and public safety employees; such unit and certify the results thereof to the recognized or certi- 163 CONTINUED 9 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 fied bargaining representative and to the public employer.Unless absence from his or her position,or his or her stoppage of work, a majority of the votes cast in an election favor such union secu- or his or her absence in whole or in part from the full, faithful or rity agreement,the board shall certify deauthorization,thereof.A proper performance of his or her duties of employment, for the petition for deauthorization of a union security agreement must purpose of inducing,influencing or coercing a change in the con- be filed not more than 90 calendar days after the collective bar- ditions, compensation, rights, privileges or obligations of public gaining agreement is executed. Only one such election shall be employment; however, nothing shall limit or impair the right of conducted in any appropriate bargaining unit during the term of a any public safety employee to lawfully express or communicate a collective bargaining agreement between a public employer and complaint or opinion on any matter related to the conditions of the recognized or certified bargaining representative. employment. (10) "Labor dispute" means any controversy concerning (19) "Unfair labor practice" means the commission of an act ' employment relations or concerning the association or represen- designated an unfair labor practice in ORS 243.815. tation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment relations, (20) "Voluntary arbitration"means the procedure whereby par- regardless of whether the disputants stand in the proximate rela- ties involved in a labor dispute mutually agree to submit their dif- tion of employer and employee. ferences to a third party for a final and binding decision. (11)"Labor organization"means any organization which has as Section 4 one of its purposes representipg public safety employees in their employment relations with public employers. 243.808 Rights of public safety employees to join labor organiza- tions. (12) "Legislative body" means the Legislative Assembly, the Public safety employees have the right to form,join and particle city council,the county commission and any other board or com- mission empowered to levy taxes. pate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with (13) "Supervisory employee" means any individual having their public employer on matters concerning employment rela- authority in the interest of the employer to hire, transfer, sus- tions. Public safety employees shall have the collective bargain- pend, lay off, recall, promote, discharge,assign, reward or disci- ing rights as set forth in ORS 243.800 to ORS 243.880,and shall pline other public safety employees, or having responsibility to not be subject to the provisions of ORS 243.650 to 243.782. direct them,or to adjust their grievances,or effectively to recom- Nothing in this chapter shall restrict the right of a public employer mend such action, if in connection therewith, the exercise of to discipline or discharge a public safety employee for just cause. such authority is not of a merely routine or clerical nature, but Section 5 requires the use of independent judgment. However,the exer- i cise of any function of authority enumerated in this subsection 243.810. Certified or recognized labor organization as exclusive shall not necessarily require the conclusion that the individual so public safety employee group representative;protection of public exercising that function is a supervisor within the meaning of safety employee nonassociation rights. ORS 240.060, 240.065, 240.080, 240.123, 243.800 to 243.880, 292.055,341.290,662.705,662.715 and 662.785. (1)A labor organization certified by the Employment Relations (14)"Mediation"means assistance by an impartial third party in Board or recognized by the public employer is the exclusive rep- reconciling a labor dispute between the public employer and the for the ur of the public safety employees of a public employer for the purposes of collective bargaining with respect to employ- exclusive representative regarding employment relations. ment relations. Nevertheless any agreements entered into (15)"Payment-indieu-of-dues"means an assessment to defray involving union security including an all-union agreement or the cost for services by the exclusive representative in negotia- agency shop agreement must safeguard the rights of nonassoci- tions and contract administration of all persons in an appropriate ation of public safety employees, based on bona fide religious bargaining unit who are not members of the'organization serving tenets or teachings of a church or religious body of which such as exclusive representative of the public safety employees. The Public safety employee is a member.Such public safety employ- payment shall be equivalent to regular union dues and assess- ee shall pay an amount of money equivalent to regular union ments, if any, or shall be an amount agreed upon by the public dues and initiation fees and assessments, if any, to a nonreli- employer and the exclusive representative of the public safety gious charity or to another charitable organization mutually employees. agreed upon by the public safety employee affected and the rep- resentative of the labor organization to which such public safety (16) "Public safety employee" means an employee of a public employee would otherwise be required to pay dues. The public employer,where such employee's job duties include public safe- safety employee shall furnish written proof to the employer of the ty functions. "Public safety employee" includes all employees public safety employee that this has been done. employed by the Department of State Police, city police depart- ments, county sheriff departments, state and local correctional (2)Notwithstanding the provisions of subsection(1)of this sec- facilities and institutions, fire departments, fire protection dis- tion,an individual public safety employee or group of public safe- tricts, fire protection agencies, and emergency dispatch agen- ty employees at any time may present grievances to their cies, but does not include elected officials, persons appointed to employer and have such grievances adjusted, without the inter- serve on boards or commissions or persons who are "confiden- vention of the labor organization, if: (a) The adjustment is not tial employees"or"supervisory employees:" inconsistent with the terms of a collective bargaining contract or agreement then in effect; and (b) The labor organization has (17)"Public employer"means the State of Oregon or any politi, been given opportunity to be present at the adjustment. cal subdivision therein, including cities,counties,community col- leges,school districts,special districts and public and quasi-pub- (3)Nothing in this section prevents a public employer from rec- lic corporations. "Public employer"includes any individual desig- ognizing a labor organization which represents at least a majority nated by the public employer to act in its interests in dealing with of public safety employees as the exclusive representative of the public safety employees. public safety employees of a public employer when the board has not designated the appropriate bargaining unit or when the (18) "Strike" means a public safety employee's refusal in con- board has not certified an exclusive representative in accordance certed action with others to report for duty, or his or her willful with ORS 243.828. 164 CONTINUED o Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 Section 5 (f) Communicate directly or indirectly during the period of negotiations with officials other than those designated to 243.815.Unfair labor practices;filing complaints. represent the employer regarding employment relations. (1)It is an unfair labor practice for a public employer or its des- (3)An injured party may file a written complaint with the board ignated representative to do any of the following: not later than 180 days following the occurrence of an unfair (a) Interfere with, restrain or coerce public safety employ- labor practice. ees in or because of the exercise of rights guaranteed in Section 6. ORS 243.800-243.880. 243.820.Processing of unfair labor practice complaints. (b) Dominate, interfere with or assist in the formation, existence or administration of any public safety employee (1)Whenever a written complaint is filed alleging that any per- organization. son has engaged in or is engaging in any unfair labor practice listed in ORS 243.815 (1) and (2) and 243.865, the board or its (c) Discriminate in regard to hiring,tenure or any terms or agent shall: condition of employment for the purpose of encouraging or discouraging membership in a public safety employee orga- (a) Cause to be served upon such person a copy of the nization. Nothing in this section is intended to prohibit the complaint; entering into of a fair-share agreement between a public the complaint to determine if a hearing on employer and the exclusive bargaining representative of its (b) Investigate p public safety employees. If such a 'fair-share" agreement the unfair labor practice charge is warranted. If the investi- has been agreed to by the public employer and exclusive gation reveals that no issue of fact or law exists,the board representative, nothing shall prohibit the deduction of the may dismiss the complaint;and payment-in-lieu-of-dues from the salaries or wages of such (c)Set the matter for hearing if the board finds in its inves- public safety employees. tigation made pursuant to paragraph (b) of this subsection (d) Discharge or otherwise discriminate against a public that an issue of fact or law exists. The hearing shall be safety employee because the public safety employee has before the board or an agent of the board not more than 20 signed or filed an affidavit,petition or complaint or has given days after a copy of the complaint has been served on the information or testimony under ORS 243.800 to 243.880. person. 2 (e) Refuse to bargain collectively in good faith with the ( )Where,as a result of the hearing required pursuant to sub- exclusive representative. section (1)(c) of this section, the board finds that any person named in the complaint has engaged in or is engaging in any (f) Refuse or fail to comply with any provision of ORS unfair labor practice charged in the complaint, the board shall: 243.800 to 243.880. (a)State its findings of fact; (b) Issue and cause to be served on such person an order that the person cease and desist from the (g) Violate the provisions of any written contract with unfair labor practice; (c) Take such affirmative action, including respect to employment relations including an agreement to but not limited to the reinstatement of public safety employees arbitrate or to accept the terms of an arbitration award, with or without back pay, as necessary to effectuate the purpos- where previously the parties have agreed to accept such es of ORS 240.060, 240.065, 240.080, 240.123, 243.800 to awards as final and binding upon them. 243.880, 292.055, 341.290, 662.705, 662.715 and 662.785; (d) (h)Refuse to reduce an agreement,reached as a result of Designate the amount and award representation costs, if any,to collective bargaining,to writing and sign such contract. the prevailing party; and (e) Designate the amount and award attorney fees, if any,to the prevailing party on appeal, including (i) Communicate directly or indirectly with public safety proceedings for Supreme Court review,of a board order. employees in the bargaining unit other than the designated (3) Where the board finds that the person named in the com- bargaining representative during the period of negotiations plaint has not engaged in or is not engaging in an unfair labor regarding employment relations, except for matters relating practice,the board shali: (a) Issue an order dismissing the com- to the performance of the work involved. plaint; and (b) Designate the amount and award representation (2) It is an unfair labor practice for a public safety employee or costs,if any,to the prevailing party. for a labor organization or its designated representative to do (4) The board may award a civil penalty to any person as a any of the following: result of an unfair labor practice complaint hearing, in the aggre- (a) Interfere with, restrain or coerce any public safety gate amount of up to$1,000 per case,without regard to attorney employee in or because of the exercise of any right guaran- fees,if:(a)The complaint has been affirmed pursuant to subsec- teed under ORS 243.800 to 243.880. tion (2) of this section and the board finds that the person who has committed, or who is engaging, in an unfair labor practice (b) Refuse to bargain collectively in good faith with the has done so repetitively, knowing that the action taken was an public employer if the labor organization is an exclusive rep- unfair labor practice and took the action disregarding this knowl- resentative. edge,or that the action constituting the unfair labor practice was c Refuse or fail to comply with an provision of ORS egregious; or(b)The complaint has been dismissed pursuant to ( ) p Y Y P subsection (3) of this section, and that the complaint was frivo- 243.800 to 243.880. lously filed, or filed with the intent to harass the other person,or (d) Violate the provisions of any written contract with both. respect to employment relations, including an agreement to (5) As used in subsections (1) to (4) of this section, "person" arbitrate or to accept the terms of an arbitration award, includes but is not limited to individuals, labor organizations, where previously the parties have agreed to accept such associations and public employers. awards as final and binding upon them. (6)The board shall make no charges to the parties for its ser- (e)Refuse to reduce an agreement,reached as a result of vices in processing unfair labor practice matters. collective bargaining,to writing and sign the resulting contract. 165 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 Section 7 votes cast,a runoff election shall be conducted.The ballot in the 243.825. Representation questions; investigation and hearings runoff election shall contain the two choices on the original ballot on petitions;elections. g that received the largest number of votes. If a question of representation exists,the board shall: (6) Nothing in this section is intended to prohibit the waiving of hearings by stipulation for the purpose of a consent election, in (1) Upon application of a public employer, public safety conformity with the rules of the board. employee or a labor organization,designate the appropriate bar- Section gaining unit, and in making its determination shall consider such factors as community of interest, wages, hours and other work- 243.830.Limitation on successive representation elections. ing conditions of the public safety employees involved,the histo- ry of collective bargaining, and the desires of the public safety (1) No election shall be conducted pursuant to ORS 243.825 employees. The board may determine a unit to be the appropri- (3) in any appropriate bargaining unit within which the preceding ate unit in a particular case even though some other unit might 12-month period an election was held nor during the term of any also be appropriate. lawful collective bargaining agreement between a public employ- er and a public safety employee representative. However,a con- (2) Investigate and conduct a hearing on a petition that has tract with a term of more than two years shall be a bar for only been filed by: the first two years of its term. (a) A labor organization alleging that 30 percent of the (2) Notwithstanding subsection (1) of this section, the board public safety employees in an appropriate bargaining unit shall rule that a contract will not be given the effect of barring an desire to be represented for collective bargaining by an election if it finds that: exclusive representative; (a) Unusual circumstances exist under which the contract (b) A tabor organization alleging that 30 percent of the is no longer a stabilizing force;and public safety employees in an appropriate bargaining unit assert that the designated exclusive representative is no (b) An election should be held to restore stability to the longer the representative of the majority of the public safety representation of public safety employees in the unit. employees in the unit; (3) A petition for an election where a contract exists must be (c) A public employer alleging that one or more labor filed not more than 90 calendar days and not less than 60 calen- organizations has presented a claim to the public employer dar days before the end of the contract period. If the contract is requesting recognition as the exclusive representative in an for more than two years, a petition for election may be filed any appropriate bargaining unit;or time after two years from the effective date of the contract. (d) A public safety employee or group of public safety Section 10 employees alleging that 30 percent of the public safety 243.831.State agency representatives in bargaining. employees assert that the designated exclusive representa- tive is no longer the representative of the majority of public (1) The Oregon Department of Administrative Services shall safety employees in the unit. represent all state agencies which have bargaining units in col- (3)Except as provided in ORS 243.830, if the board finds in a lective bargaining negotiations with the certified or recognized hearing conducted pursuant to subsection (2)of this section that exclusive representatives of all appropriate bargaining units e a question of representation exists, it shall conduct an election exempt, unclassified and classified employees, except those by secret ballot, at a time and place convenient for the public unclassified employees governed the provisions of ORS safety employees of the jurisdiction and also within a reasonable 240.240. The department may delegate such collective bargain- period of time after the filing has taken place, and certify the ing responsibility to operating agencies as may be appropriate. results thereof. Section 11 Section 8. 243.832.Renegotiation of invalid agreements. 243.828.Representation elections;ballot form;determining orga- (1) In the event any provision of a collective bargaining agree- nization to be certified;consent elections. ment is declared to be invalid by any court of competent jurisdic-. (1)The board shall place on the ballot only those labor organ:- tion, by ruling by the board or by inability of the employer or the the ballot by more than 10 public safety employees to perform to the terms of the agree- zations designated to be placed b men percent of the public safety employees in an appropriate bargain- then upon request by either party all or any part of the entire e collective bargaining agreement shall be reopened for ing unit. negotiation. (2)The ballot shall contain a provision for marking no represen- (2)The public employer and the exclusive representative shall tation. provide for and make every reasonable effort to conclude negoti- (3)The board shall determine who is eligible to vote in the elec- ations, including provisions for an effective date, a reopening tion and require the employer to provide a complete list of all date, and an expiration date, at a time to coincide, as nearly as such eligible persons,their names,addresses and job classifiea- possible, with the period during which the appropriate legislative tions to each candidate organization on the ballot at least 20 bodies may act on the operating budget of the employers. days before the election is to occur. Section 12 (4) The labor organization which receives the majority of the 243.834. Agreement may provide for grievance and other dis- votes cast in an election shall be certified by the board as the putes to be resolved by binding arbitration. exclusive representative. A public employer may enter into a written agreement with the (5) In any election where there are more than two choices on exclusive representative of an appropriate bargaining unit setting the ballot and none of the choices receives a majority of the forth a grievance procedure culminating in binding arbitration. 166 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 Section 13 (1) It is the public policy of the State of Oregon that where the right of employees to strike is by law prohibited, it is requisite to 243.835. Mediation upon failure to agree after reasonable time; the high morale of such employees and the efficient operation of effect of subsequent arbitration decision. such departments to afford an alternate, expeditious, effective (1) If after a reasonable period of negotiation over the terms of and binding procedure for the resolution of labor disputes and to that end the provisions of ORS 240.060, 240.065, 240.080, re agreement a after a reasonable time following certification or 240.123, 243.800 to 243.880, 292.055, 341.290, 662.705, recognition of exclusive representative no agreement has 662.715 and 662.785, providing for compulsory arbitration, shall been signed,either or both of the parties shall notify the board of be liberally construed. the status of negotiations. Such notification shall contain a state ment of each issue on which the public employer and the exclu- (2) When the procedures set forth in ORS 243.835 relating to sive representative have failed to achieve an agreement through mediation a labor dispute have not culminated in a signed agree- negotiation; or the board on its own motion may determine that ment between the parties who are prohibited from striking, the the public employer and the exclusive representative have failed public employer or exclusive representative of its public safety to achieve an agreement on a labor dispute through negotia- employees shall petition the board in writing to initiate binding tions. Upon receipt of such notification the board shall assign a arbitration. In lieu of a petition,the board on its own motion may mediator upon request of either party or upon its own motion. initiate such arbitration if it deems it appropriate and in the public (2)Where the board on the request of one of the parties or on interest. its own motion has determined that the parties have failed to Section 17 achieve agreement through negotiation, the board shall render assistance to resolve the labor dispute according to the following 243.855. Selection of arbitrator; arbitration procedure; sharing schedule: arbitration costs. (a) Mediation shall be provided by the State Conciliation (1) In carrying out the arbitration procedures authorized in ORS Service as provided by ORS 662.405 to 662.455. 243.850 (2), the public employer and the exclusive representa- tive may select their own arbitrator. (b) If the labor dispute has not been settled after 15 days of mediation, the parties or the board shall initiate binding (2) Where the parties have not selected their own arbitrator arbitration as provided in ORS 243.855 to 243.870. In such within five days after notification by the board that arbitration is to cases,within seven days of the conclusion of mediation,the be initiated, the board shall submit to the parties a list of five mediator shall make public a list of the issues, including any qualified, disinterested persons. Each party shall alternately proposed contract language dealing with those issues, on strike two names from the list. The order of striking shall be which the parties have failed to reach agreement. determined by lot. The remaining individual shall be designated Arbitration shall not be requested until the expiration of 30 the"arbitrator": days following the conclusion of mediation. (a) When both parties desire a panel of three arbitrators (3)The board shall make no charges to either party for its ser- instead of one as provided in this subsection, the board vices in providing mediation. shall submit to the parties a list of seven qualified, disinter- ested persons. Each party shall alternately strike two Section 14 names from the list. The order of striking shall be deter- 243.840. Public safety employee strikes. mined by lot. The remaining three persons shall be desig- nated"arbitrators." (1)Participation in a strike shall be unlawful for any public safe- (b) When the parties have not designated the arbitrator ty employee. and notified the board of their choice within five days after (2)(a) No labor organization shall declare or authorize a strike receipt of the list,the board shall appoint the arbitrator from of public safety employees which is or would be in violation of the list. However, if one of the parties strikes the names as this section. When it is alleged in good faith by the public prescribed in this subsection and the other party fails to do employer that a labor organization has declared or authorized a so, the board shall appoint the arbitrator only from the strike of public safety employees which is or would be in violation names remaining on the list. of this section,the employer may petition the board for a declara- (3)The arbitrator shall establish dates and places of hearings. tion that the strike is or would be unlawful.The board, after con- Upon the request of either party or the arbitrator,the board shall ducting an investigation and hearing,may make such declaration issue subpoenas. The arbitrator may administer oaths and shall if it finds that such declaration or authorization of a strike is or afford all parties full opportunity to examine and cross-examine would be unlawful. (b) When a labor organization or individual all witnesses and to present any evidence pertinent to the dis- disobeys an order of the appropriate circuit court issued pursuant pute. to enforcing an order of the board involving this section, they shall be punished according to the provisions of ORS 33.015 to (4)Where there is no agreement between the parties,or where 33.155,except that the amount of the fine shall be at the discre- there is an agreement but the parties have begun negotiations or tion of the court. discussions looking to a new agreement or amendment of the Section 15 existing agreement, and wage rates or other conditions of employment under the proposed new or amended agreement 243.845.Refusal to cross picket line as prohibited strike. are in dispute, the arbitration panel shall base its findings, opin ions and order upon the following factors,as applicable: Public safety employees, other than those engaged in a non- prohibited strike, who refuse to cross a picket line shall be (a)The lawful authority of the employer. deemed to be engaged in a prohibited strike and shall be subject (b)Stipulations of the parties. to the terms and conditions of ORS 243.840, pertaining to pro- hibited strikes. (c)The interest and welfare of the public and the financial Section 16 ability of the unit of government to meet those costs. 243.850.Binding arbitration. (d) Comparison of the wages, hours and conditions of 167 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 employment of other public safety employees performing Section 20 similar services and with other public safety employees in public employment in comparable communities. 243.870. Alternative arbitration procedure under collective bar gaining agreement. (e)The average consumer prices for goods and services commonly known as the cost of living. Nothing in ORS 240.060, 240.065, 240.080, 240.123, 243.800 to 243.880,292.055, 341.290, 662.705, 662.715 and 662.785 is (f) The overall compensation presently received by the intended to prohibit a public employer and the exclusive repre- public safety employees, including direct wage compensa- sentative of its public safety employees from entering into a coi- tion,vacations, holidays and other excused time, insurance lective bargaining agreement which provides for a compulsory and pensions,medical and hospitalization benefits,the con- arbitration procedure which is substantially equivalent to ORS tinuity and stability of employment, and all other benefits 243.850 to 243.865. received. Section 21 (g)Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings. 243.875. Board duties in administration of collective bargaining laws. (h) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration The board shall: in the determination of wages, hours and conditions of (1) Establish procedures for, investigate and resolve any dis employment through voluntary collective bargaining, media- utes concerning Mesh the designation of an tion, factfinding, arbitration or otherwise between the par- p 9 appropriate bargaining ties, in the public service or in private service. Such factors unit. shall include but not be limited to the productivity and work- (2) Establish procedures for, resolve disputes with respect to, load of public safety employees. and supervise the conduct of elections for the determination of (5) Not more than 30 days after the conclusion of the hearings public safety employee representation. or such further additional periods to which the parties may agree, (3)Conduct proceedings on complaints of unfair labor practices the arbitrator shall make written findings of fact and promulgate a by employers, public safety employees and labor organizations written opinion and order upon the issues presented to the arbi- and take such actions with respect thereto as it deems neces trator and upon the record made before the arbitrator, and shall sary and proper. serve such findings, opinions and order upon the parties and upon the board.Service may be personal or by registered or cer- (4) Petition the appropriate circuit court for enforcement of any tified mail.The findings,opinions and order shall be just and rea- order issued by the board pursuant to ORS 243.800 to 243.880. sonable and based upon the factors prescribed in subsection(4) of this section. (5) Hold such hearings and make such inquiries as it deems necessary to carry out properly its functions and powers,and for (6)The cost of arbitration shall be borne equally by the parties the purpose of such hearings and inquiries,administer oaths and involved in the dispute. affirmations, examine witnesses and documents and issue sub- Section 18 poenas. (6)Conduct studies on problems relating to public employment 243.860.Arbitration decision final;enforcement; effective date of relations and make recommendations with respect thereto to the compensation increases;modifying award. legislative bodies; request information and data from state and (1) A majority decision of the arbitration panel, under ORS county departments and agencies and labor organizations nec- 243.834 and ORS 243.855, if supported by competent, material essary to carry out its functions and responsibilities; make avail- and substantial evidence on the whole record, based upon the able to public employers, labor organizations, mediators, mem- factors set forth in ORS 243.855(4), shall be final and binding bers of factfinding boards, arbitrators and other concerned par- upon the parties. Refusal or failure to comply with any provision ties statistical data relating to wages, benefits, and employment of a final and binding arbitration award is an unfair labor practice practices in public and private employment to assist them in Any order issued by the board pursuant to this section may be resolving issues in negotiation. enforced at the instance of either party or the board in the circuit (7) Adopt rules relative to the exercise of its powers and court for the county in which the dispute arose. authority and to govern the proceedings before it in accordance (2) The arbitration panel may award increases retroactively to with ORS 183.310 to 183.550. the first day after the expiration of the immediately preceding col- Section 22 lective bargaining agreement.At any time the parties, by stipula- tion,may amend or modify an award of arbitration. 243.876. Effect of collective bargaining laws on local charters Section 19 and ordinances. Any provisions of local charters and ordinances adopted pur- 243.865. Employment conditions to be unchanged during arbitra- suant thereto in existence on October 5, 1973,and not in conflict tion. with the rights and duties established in ORS 240.060, 240.065, During the pendency of proceedings before the arbitration 240.080, 240.123, 243.800 to 243.880, 292.055, 341.290, panel,existing wages,hours and other conditions of employment 662.705, 662.715 and 662.785 may remain in full force and shall not be changed by action of either party without the consent effect after the board has determined that no conflict exists. of the other but a party may so consent without prejudice to the Section 23 rights or position of the party under ORS 240.060, 240.065, 240.080, 240.123, 243.800 to 243.880, 292.055, 341.290, 243.878. Rights and responsibilities of public safety employees. 662.705,662.715 and 662.785. The rights and responsibilities prescribed for state officers and employees in ORS 292.055 shall accrue to public safety employ- ees of all public employers. 168 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. '43 Measure No. 43 Section 24 ORS 243.805 (17). At the time of appointment and throughout the term of appointment, one of those four members shall be 243.880.Representation by counsel authorized. engaged in teaching or other school activity, one shall be a (1) For purposes of proceedings commenced pursuant to ORS police officer or fire fighter,one shall be an employee of the state in a category other than teaching or other school activity or 240.060, 240.065, 240.080, 240.123, 243.800 to 243.880, police officer or fire fighter and one shall ry other employee of a 292.055,341.290,662.705,662.715 and 662.785,a person may political subdivision t the state a category other than teaching be represented by counsel or any other agent authorized by or other school acti vity or police officer or fire fighter. (e) such person. Notwithstanding paragraphs (c) and (d) of this subsection, one (2) As used in subsection (1) of this section, "person" means member shall be a retired member of the system at the time of any individual,a labor organization or a public employer. appointment and throughout the term of appointment. (f) The successor of a board member in any category shall have the Section 25.ORS 236.370 is amended to read: qualifications prescribed for that category. 236.370. ORS 236.350 to 236.370 not applicable to certain (2)Any vacancy on the board shall be filled by appointment for police officers. the unexpired term of the member replaced. ORS 236.350 to 236.370 does not apply to disciplinary action (3) A member of the board is entitled to compensation and taken against police officers who are: expenses as provided in ORS 292.495 from the Public (1)In an initial probationary period of employment that does not Employees'Retirement Fund. exceed 12 months or in a probationary period under a collective Section 27.MS 240.212 is amended to read: bargaining agreement which is in excess of 12 months; 240.212.Management service. (2) Under a collective bargaining agreement requiring just cause for disciplinary action; The management service shall comprise all positions not in the unclassified or exempt service which have been determined to (3) Under a county civil service system adopted pursuant to be"confidential employees"as defined by ORS 243.650(6)and ORS 241.002 to 241.009; ORS 243.805 (6) and "supervisory employees" as defined by (4) Under a county or municipal civil service system which pro- ORS 243.650(14)and ORS 243.805(14). vides police officers with disciplinary action protections at least Section 28.ORS 240.321 is amended to read: equivalent to those provided under ORS 236.350 and 236.360; 240.321. Collective bargaining; Director of Labor Relations; (5) The chief executive officers of law enforcement units, as effect of collective bargaining agreements on personnel rules; defined in ORS 181.610:or grievance procedures. (6) Supervisory employees, as defined under-GAS-849,6W (1)All collective bargaining between the state and its agencies +44�243.805(14),where a collective bargaining agreement is in and any certified or recognized exclusive employee representa- effect with their public employer. tive of classified employees shall be under the direction and supervision of a Director of Labor Relations, who shall be Section 26.ORS 237.255 is amended to read: appointed by and serve at the pleasure of the Director of the 237.255. Qualifications of board members; compensation and Oregon Department of Administrative Services. expenses. (2) Notwithstanding any of the provisions of ORS 240.235, (1) Members of the board shall have the following qualifica- 240.306, 240.316, 240.430 and 240.551, employees of state tions: agencies who are in certified or recognized appropriate bargain- ing units shall have all aspects of their wages, hours and other (a) Each member shall be a citizen of the United States terms and conditions of employment determined by collective and a resident of this state for at least two years immediate- bargaining agreements between the state and its agencies and ly preceding appointment to the board. the exclusive employee representatives of such employees pur- suant to the provisions of ORS 243.650 to 243.762 and ORS (b)One member shall not have been employed by a pub- 243.800 to 243.880, except with regard to the recruitment and lic employer during the two years immediately preceding selection of applicants for initial appointment to state service. appointment to the board or be so employed throughout the term of appointment. (3)The provisions of rules adopted by the division,the subjects of which are incorporated into collective bargaining agreements, (c) Each of four members shall be an employee of a par- shall not be applicable to employees within appropriate bargain- ticipating public employer in a management position at the ing units covered by such agreements. time of appointment and throughout the term of appoint- ment.At the time of appointment and throughout the term of (4)The division shall assure the speedy resolution of employee appointment,one of those four members shall be employed grievances by adopting a grievance procedure resulting in a final by a political subdivision of the state other than a school employer determination within 60 days of the filing of a written district, one shall be employed by a school district and one grievance, with appeal thereafter to the board, the Civil Rights shall be employed by the state. Division of the Bureau of Labor and Industries,or other appropri- ate review agency.Employees in collective bargaining units shall (d) Each of four members shall be a public employee, as have their grievances resolved as provided for by the collective defined in ORS 243.650 (17) or a public safety employee, a$ bargaining agreement. defined in ORS 243.805 (17), of a participating public employer and be in an appropriate bargaining unit, as defined in ORS Section 29.ORS 240.610 is amended to read: 243.650(1)and in ORS 242.805 (1), having an exclusive repre sentative at the time of appointment and throughout the term of 240.610: Mediation service fee; amount; payment; disposition of appointment; but membership on the board shall not.itself affect fees. the status of such a member as a public employee as defined in ORS 243.650 (17)or as apublic safety employee as defined in 169 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 (1) Notwithstanding ORS 662.435, when the Employment used; and (g) Such information as may be necessary to enlist Relations Board assigns a mediator under ORS 243.712, public assistance in apprehending fugitives from justice; 243.835 or 662.425 to resolve a labor dispute or labor controver- sy between a local public employer and'the exclusive represen- (4)Test questions,scoring keys,and other data used to admin- tative of the employees of that employer, the board may charge ister a licensing examination, employment, academic or other a fee for the mediation services provided by the board. examination or testing procedure before the examination is given and if the examination is to be used again. Records establishing (2)A fee authorized by this-section shall be charged only once procedures for and instructing persons administering, grading or during the entire period of negotiations between a local public evaluating an examination or testing procedure are included in employer and an exclusive representative over the terms of a this exemption, to the extent that disclosure would create a risk collective bargaining agreement or for the resolution of a labor that the result might be affected; dispute or controversy, without regard to the number of times mediation services are provided during the negotiations. (5) Information consisting of production records, sale or pur- chase records or catch records, or similar business records of a (3) The fee charged by the board under this section shall not private concern or enterprise, required by law to be submitted to exceed $500 and the local public employer and the exclusive or inspected by a governmental body to allow it to determine representative shall each pay one-half of the amount of the fee fees or assessments payable or to establish production quotas, to the board. and the amounts of such fees or assessments payable or paid, (4) Fees received by the board under this section shall be to the extent that such information is in a form which would per- deposited to the credit of the Public Employee Relations Account mit identification of the individual concern or enterprise. This established by ORS 240.170. exemption does not include records submitted by long term care facilities as defined in ORS 442.015 to the state for purposes of (5) As used in this section: (a) "Exclusive representative" and reimbursement of expenses or determining fees for patient care. "labor dispute" have the meanings given those terms in ORS Nothing in this subsection shall limit the use which can be made 243.650 and ORS 243.650. (b) "Local public employer" means of such information for regulatory purposes or its admissibility in any political subdivision in this state, including a city, county, any enforcement proceeding; community college, school district, special district and a public (6)Information relating to the appraisal of real estate prior to its and quasi-public corporation, acquisition; Section 30.ORS 192.501 is amended to read: (7) The names and signatures of employees who sign autho- 192.501.Public records exempt from disclosure. rization cards or petitions for the purpose of requesting represen- tation or decertification elections; The following public records are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires dis- (8) Investigatory information relating to any complaint filed closure in the particular instance: under ORS 659.040 or 659.045, until such time as the complaint is resolved under ORS 659.050,or a final administrative determi- (1)Records of a public body pertaining to litigation to which the nation is made under ORS 659.060; public body is a party if the complaint has been filed, or if the complaint has not been filed, if the public body shows that such (9)Investigatory information relating to any complaint or charge litigation is reasonably likely to occur. This exemption does not filed under ORS 243,676_243.B2_0 and 663.180; apply to litigation which has been concluded, and nothing in this (10) The circulation records of a public library showing use of subsection shall limit any right or opportunity granted by discov- specific library materials by named persons; ery or deposition statutes to a party to litigation or potential litiga- tion; (11).Records, reports and other information received or com- piled by the Director of the Department of Consumer and (2)Trade secrets."Trade secrets,"as used in this section, may Business Services under ORS 697.732; include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production (12) Information concerning the location of archaeological sites data, or compilation of information which is not patented, which or objects as those terms are defined in ORS 358.905, except if is known only to certain individuals within an organization and the governing body of an Indian tribe requests the information which is used in a business it conducts, having actual or poten- and the need for the information is related to that Indian tribe's tial commercial value,and which gives its user an opportunity to cultural or religious activities. This exemption does not include obtain a business advantage over competitors who do not know information relating to a site that is all or part of an existing,com- or use it; monly known and publicized tourist facility or attraction; (3) Investigatory information compiled for criminal law purpos- (13) A personnel discipline action, or materials or documents es. The record of an arrest or the report of a crime shall be dis- supporting that action; closed unless and only for so long as there is a clear need to delay disclosure in the course of a specific investigation, includ- (14) Information developed pursuant to.ORS 496.004,496.172 ing the need to protect the complaining party or the victim. and 498.026 or ORS 496.192 and 564.100, regarding the habi- Nothing in this subsection shall limit any right constitutionally tat, location or population of any threatened species or endan- guaranteed, or granted by statute, to disclosure or discovery in gered species; criminal cases. For purposes of this subsection,the record of an (15) Writings prepared by or under the direction of faculty of The arrested person's name, age, residence, employment, mari- arrest the report of a crime includes, but is not limited to: (a) public educational institutions, in connection with research, until tal status and similar biographical information; (b) The offense publicly released,copyrighted or patented; with which the arrested person is charged; (c)The conditions of (16)Computer programs developed or purchased by or for any release pursuant to ORS 135.230 to 135.290; (d)The identity of public body for its own use.As used in this subsection,"comput- and biographical information concerning both complaining party er program" means a series of instructions or statements which and victim; (e) The identity of the investigating and arresting permit the functioning of a computer system in a manner agency and the length of the investigation; (f)The circumstances designed to provide storage, retrieval and manipulation of data of arrest, including time, place, resistance, pursuit and weapons from such computer system, and any associated documentation 170 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 and source material that explain how to operate the computer (5) Employees in the Governor's office and the principal assis- program. "Computer program"does not include: (a)The original tant and private secretary in the Secretary of State's division. data, including but not limited to numbers, text, voice, graphics and images; (b) Analyses, compilations and other manipulated (6)The deans, professors, principals, instructors and teachers forms of the original data produced by use of the program;or(c) in facilities operated under ORS 346.010. The mathematical and statistical formulas which would be used if (7) Apprentice trainees only during the prescribed length of the manipulated forms of the original data were to be produced their course of training. manually; (17)Data and information provided by participants to mediation (8)Student employees on part-time basis in the state system of under section 5, chapter 967, Oregon Laws 1989; (18) higher education. Investigatory information relating to any complaint or charge filed (9) Licensed physicians and dentists employed in their profes- under ORS chapter 654, until a final administrative determination sional capacities and student nurses, interns, and patient or is made or, if a citation is issued, until an employer receives inmate help in state institutions. notice of any citation; (19) Specific operational plans in connec- tion with an anticipated threat to individual or public safety for (10)Lawyers employed in their professional capacities. deployment and use of personnel and equipment, prepared and (11) All members of the Oregon State Police appointed under used by a law enforcement agency, if public disclosure thereof ORS 181.250 and 181.265. would endanger the life or physical safety of a citizen or law enforcement officer or jeopardize the law enforcement activity (12) Deputy superintendents and associate superintendents in involved; (20)(a)Audits or audit reports of a telecommunications the Department of Education. utility. As used in this paragraph, "audit or audit report of a telecommunications utility" means any external or internal audit (13) Temporary seasonal farm laborers engaged in single or audit report pertaining to a telecommunications utility, as phases of agricultural production or harvesting. defined in ORS 759.005,or pertaining to a corporation having an affiliated interest,as defined in ORS 759.010,with a telecommu- (14) Any individual employed and paid from federal funds nications utility that is intended to make the operations of the received under the Emergency Job and Unemployment entity more efficient, accurate or compliant with applicable rules, Assistance Act of 1974(United States Public Law 93-567)or any procedures or standards,that may include self-criticism and that other federal program intended primarily to alleviate unemploy- has been filed by the telecommunications utility or affiliate under ment. However, persons employed under this subsection shall compulsion of state law."Audit or audit report of a telecommuni- be treated as classified employees for purposes of ORS 243.650 cations utility"does not mean an audit of a cost study that would to 243.782 and ORS 243.800 to 243.880. be discoverable in a contested case proceeding and that is not (15) Managers, department heads, directors, producers and subject to a protective order.(b)Financial statements.As used in announcers of the state radio and television network. this paragraph,"financial statement"means a financial statement of a nonregulated corporation having an affiliated interest, as (16)Managers and other employees of the foreign trade offices defined in ORS 759.010, with a telecommunications utility, as of the Economic Development Department located outside the defined in ORS 759.005; and (21)The residence address of an country. elector if authorized under ORS 247.965 and subject to ORS 247.967. (17)Any other position designated by law as unclassified. Section 31.ORS 240.205 is amended to read: Section 32.ORS 240.212 is amended to read: 240.205.Unclassified service. 240.212.Management service. The unclassified service shall comprise: The management service shall comprise all positions not in the unclassified or exempt service which have been determined to (1) One executive officer and one secretary for each board or be'confidential employees"as defined by ORS 243.650 (6) and commission, the members of which are elected officers or are 243.805 (6) and "supervisory employees" as defined by ORS appointed by the Governor. 243.650(14)and 243.805(141. (2)The director of each department of state government, each Section 33.ORS 240.321 is amended to read: full-time salaried head of a state agency required by law to be appointed by the Governor and each full-time salaried member 240.321. Collective bargaining; Director of Labor Relations; of a board or commission required by law to be appointed by the effect of collective bargaining agreements on personnel rules; Governor. grievance procedures. (3) The administrator of each division within a department of (1)All collective bargaining between the state and its agencies state government required by law to be appointed by the director and any certified or recognized exclusive employee representa- of the department with the approval of the Governor. tive of classified employees shall be under the direction and supervision of a Director of Labor Relations, who shall be (4) Principal assistants and deputies and one private secretary appointed by and serve at the pleasure of the Director of the for each executive or administrative officer specified in ORS Oregon Department of Administrative Services. 240.200(1)and in subsections(1)to(3)of this section."Deputy" means the deputy or deputies to an executive or administrative (2) Notwithstanding any of the provisions of ORS 240.235, officer listed in subsections(1)to(3)of this section who is autho- 240.306, 240.316, 240.430 and 240.551, employees of state rized to exercise that officer's authority upon absence of the offi- agencies who are in certified or recognized appropriate bargain- cer. "Principal assistant" means a manager of a major agency ing units shall have all aspects of their wages, hours and other organizational component who reports directly to an executive or terms and conditions of employment determined by collective administrative officer listed in subsections (1) to (3) of this sec- bargaining agreements between the state and its agencies and tion or deputy and who is designated as such by that executive the exclusive employee representatives of such employees pur- or administrative officer with the approval of the Director of the suant to the provisions of ORS 243.650 to 243.762 and ORS Oregon Department of Administrative Services. 243.800 to 880,except with regard to the recruitment and selec- tion of applicants for initial appointment to state service. 171 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 (3)The provisions of rules adopted by the division,the subjects determining the necessity and justification for and method of of which are incorporated into collective bargaining agreements, travel. (d) Each state agency shall make every effort possible to shall not be applicable to employees within appropriate bargain- minimize employee time spent on out-of-state travel. ing units covered by such agreements. (2) Notwithstanding any other law, including but not limited to (4)The division shall assure the speedy resolution of employee ORS 243.650 to 243.782 and ORS 243.800 to 880, it is the poli- grievances by adopting a grievance procedure resulting in a final cy of the state that travel awards earned while conducting state employer determination within 60 days of the filing of a written business shall be used to reduce the costs of state travel grievance, with appeal thereafter to the board, the Civil Rights expenses except as otherwise required as a prerequisite to Division of the Bureau of Labor and Industries,or other appropri- receipt of federal or other granted funds. The use of travel ate review agency. Employees in collective bargaining units shall awards obtained while conducting state business for personal have their grievances resolved as provided for by the collective travel constitutes personal gain from state employment and vio- bargaining agreement. lates ORS 244.040. Section 34.ORS 292.055 is amended to read: (3) The Oregon Department of Administrative Services shall work with commercial airlines to make travel awards available to 292.055. Deduction of payment for labor organization; payment the state rather than individual employees. to organization;fees payable to state. (4) Notwithstanding subsection (5)of this section, each state (1) Upon receipt of the request in writing of a state officer or agency shall manage all travel awards earned by personnel employee so to do,the state official authorized to disburse funds employed by them who travel for the state.Agencies shall estab- in payment of the salary or wages of such state officer or lish procedures in accordance with Oregon Department of employee each month shall deduct from the salary or wages of Administrative Services rules to monitor the earning and use of such officer or employee the amount of money indicated in such awards by individual employees. request,for payment thereof to a labor organization as the same is defined in ORS 243.650(12)or ORS 243.805(12). (5) The Oregon Department of Administrative Services shall adopt by rule standards regulating out-of-state travel including (2) Such state official each month shall pay such amount so but not limited to:(a)Limiting the number of officers and employ- deducted to any such labor organization so designated to ees who may attend the same meeting;(b)Requiring state agen- receive it. cies to establish practices for travel that are consistent with the (3) Unless there is a contract to the contrary, upon receipt of agency's resources; (c) Requiring agencies to develop informa- the request in writing of such officer or employee so to do, such tion sharing for reporting and other aspects that have benefits to state official shall cease making such deductions and payments. more than one agency; (d) Developing telecommunication resources to be used in lieu of travel; (e) Requiring agency (4)In addition to making such deductions and payments to any administrators or their designees, as designated in writing, to labor organization certified under the rules of the Employment approve out-of-state travel;and(f)Setting up procedures to audit Relations Board as representatives of employees in a bargaining agency use of travel and travel awards including appropriate unit, any department, board, commission, bureau, institution or sanctions for misuse. other agency of the state shall make deductions for and pay- (6) As used in this section: (a) "Official state business" means ments to noncertified, yet bona fide, labor organizations, if activity conducted by any agency personnel that has been autho- requested to do so by officers and employees in that department, rized by that agency in support of approved state programs. (b) board, commission, bureau, institution, or other state agency, and for so long as the requests are not revoked. No deductions "Out-of-state travel" means all travel Oregon to a point of destination vnother state and return from a point of origin in for and payments to any labor organization under this section therefrom.(c)"Travel award"means any object of value awarded shall be deemed an unfair labor practice under ORS 243.672 or by any business providing commercial transportation or accom- modations to an individual or agency which can be used to (5)Upon receipt from the Oregon Department of Administrative reduce the cost of travel including, but not limited to, frequent Services of a copy of a valid fair-share agreement in a collective flier miles,discounts or coupons. bargaining unit, the state official authorized to disburse funds in Section 36.ORS 332.531 is amended to read: payment of the salary or wages of the employees in such unit each month shall deduct from the salary or wages of the employ- 332.531.Law enforcement agency;personnel as peace officers. ees covered by the agreement the in-lieu-of-dues payment stat- ed in the agreement and pay such amount to the labor organiza- (1) The district school board of any school district may estab- tion parry the agreement in the same manner as deducted dues lish a law enforcement agency and employ such personnel as are paid to a labor organization. Such deduction and payment may be necessary to insure the safety of school district person- shall continue for the life of the agreement. nel and students upon and in the vicinity of school district premises and the security of the real and personal property Section 35.ORS 292.230 is amended to read: owned,controlled or used by or on behalf of the school district. 292.230. Policy on out-of-state travel; guidelines; use of travel (2) Persons employed and compensated as members of a law awards;department rules. enforcement agency of a school district, when appointed and (1) It is the policy of the state that all out-of-state travel by state duly sworn, are peace officers as defined in ORS 161.015 (4), agency personnel shall be allowed only when the travel is essen- but only for the purpose of carrying out the duties of their tial to the normal discharge of the agency's responsibilities. Out- employment. They are not peliee-9#iserfr-public safety emplov of-state travel shall be conducted in the most efficient and cost- ees within the meaning of ORS 249496 243.805(17). effective manner resulting in the best value to the state.The trav- (3) The district school board may: (a) Provide for uniforms, el must comply with requirements of rules adopted under sub- badges,and other identification of members of such law enforce- section (5)of this section.State agencies shall adhere to the fol- ment agency; (b) Withdraw or withhold from any person lowing guidelines when using out-of-state travel: (a) All out-of- employed as a member of such law enforcement agency any state travel must be for official state business. (b) Use of out-of- part or all of the powers otherwise conferred by law upon peace state travel must be related to the agency's scope of responsibili- officers;and(c)Define the duties of persons employed as ties. (c) Each state agency is charged with the responsibility for 172 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 members of such law enforcement agency and assign additional with their employers over wages, hours of work, and conditions duties to such persons as it may deem appropriate. of employment.The measure retains the current law's prohibition against public safety employees striking. The measure adds (4) Between meetings of the district school board, the district employee transfers and promotions as mandatory subjects of superintendent or the deputy of the superintendent shall have bargaining. power to suspend any person employed as a member of such law enforcement agency pending review of such action as soon Current law and this measure would be administered by the as practicable by the district school board. Employment Relations Board which certifies labor organizations Section 37.ORS 562.610 is amended to read: as representatives of public safety employees, judges whether the parties are complying with the requirements of the law, and 652.610. Itemized statement of amounts and purposes of deduc- holds hearings and enacts rules under the law. tions required. (1) All persons, firms, partnerships, associations, cooperative If no agreement results from negotiations,either party may initi- associations,corporations, municipal corporations,the state and ate arbitration. A professional arbitrator is selected by the par- its political subdivisions, except the Federal Government and its ties. The arbitrator makes a binding decision on bargaining dis- agencies, employing, in this state, during any calendar month putes. one or more persons,and withholding for any purpose,any sum of money from the wages, salary or commission earned by an Under the measure and current law,the arbitrator must consid- employee, shall provide such employee on regular paydays with er the interest and welfare of the public,the employer's ability to a statement sufficiently itemized to show the amount and pur- pay.the impact of changes in the cost of living,and other factors pose of such deductions made during the respective period of in the setting of wages,benefits,and contract rights. service which said payment covers. (2)The itemized statement shall be furnished to the employee The measure changes the law concerning binding arbitration. at the time payment of wages, salary or commission is made, Currently the arbitrator must choose one party's final offer pack- and may be attached to or be a part of the check, draft,voucher age. The measure permits the arbitrator to award something dif- or other instrument by which payment is made, or may be deliv- ferent from the final offer of either party. ered separaUply from such instrument. The present law and this measure allow the arbitrator to com- (3) No employer may withhold, deduct or divert any portion of pare wages and benefits in comparable communities. Current an employee's wages unless: (a)The employer is required to do law only allows an arbitrator to consider out-of-state comparable so by law; (b) The deductions are authorized in writing,by the jurisdictions for the larger communities. This measure does not employee, are for the employee's benefit, and are recorded in specify where the comparable jurisdictions may be located. the employer's books; (c) The employee has voluntarily signed Current law allows the arbitrator to consider comparables in both an authorization for a deduction for any other item, provided that the public and private sectors.This measure only allows compa- the ultimate recipient of the money withheld is not the employer, rables of other public sector public safety employees. and that such deduction is recorded in the employer's books; or (d)The deduction is authorized by a collective bargaining agree ment to which the employer is a parry. Unlike current law,the measure requires arbitrators to consider work load and productivity of public employees. (4) Nothing in this section shall be construed as prohibiting the withholding of amounts authorized in writing by the employee to I I Currently. arbitrator's must consider the ability of the public be contributed by the employee to charitable organizations. , employer to attract and retain qualified employees.The measure including contributions made pursuant to ORS 243.666-Z43.81-0,_ allows.but does not require.an arbitrator to consider this factor. and 663.110; nor shall this section prohibit deductions by check- off dues to labor organizations or service fees,where such is not The measure changes the current law in several o respects. Current law requires 150 ther rr otherwise prohibited by law; nor shall this section diminish or day period a negotiation enlarge the right of any person to assert and enforce a lawful before mediation may be requested and limits mid-contract setoff or counterclaim or to attach, take, reach or apply an employee's compensation on due legal process. negotiations to 90 days. The measure include no such time lim- its.The measure prohibits public safety employees and employ- NOTE: Underlined type indicates new language; overstriking ers from directly communicating with each other concerning bar- indicates deletions or comments. gaining subjects except through their authorized representatives. Current law contains no such prohibition. The measure preserves an employer's right to discipline or dis- EXPLANATORY STATEMENT charge employees for just cause. Current law makes unenforce- I able an arbitrator's decision which relieves an employee from the responsibility for egregious misconduct because other employ- This measure changes Oregon's collective bargaining laws as ees were treated differently. it applies to public safety employees by reversing 1995 statutory amendments and making additional changes. Public safety Committee Members: Appointed by: employees are employees with public safety functions, including Will Aitchison Chief Petitioners all employees of the state police, sheriff, police, and fire depart- Mark Makler Chief Petitioners ments, state and local corrections facilities, and fire protection Senator Neil Bryant Secretary of State and emergency dispatch agencies. Excluded from this group are Maria Keitner Secretary of State elected officials, appointed officials on boards and commissions, Nancy E.Brown Members of the Committee and confidential or supervisory employees. The measure retains the right for public and safety employees (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) to form labor organizations and collectively bargain in good faith 173 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 ARGUMENT IN FAVOR ARGUMENT IN FAVOR SPECIAL MESSAGE The mission of MADD: from Senator Randy Leonard, Portland Fire Fighter. STOP DRUNK DRIVING AND SUPPORT THE VICTIMS OF THIS PICTURE THIS: VIOLENT CRIME. A typical politician or bureaucrat attempting to rescue you from a burning building. MADD Oregon salutes the work of Oregon's dedicated law enforcement officers who risk their lives to keep our communities HOW SECURE DO YOU FEEL?? safe. They know first-hand the horrifying devastation that can Oregonians should not feel very secure. result from diving under the influence of intoxicants. YET.THIS IS THE REALITY... While most citizens work in safe jobs or sleep peacefully in their In 1995,the Legislature manufactured a"New-Improved-Public homes, these officers are working to insure our safety by -Safety-law." The Legislature catered to "special-interests"that responding to emergencies. know NOTHING about safety. Numerous hearing featured state- ments from safety experts who work on the front-line IN emer- Law enforcement officers shield us from the harsh realities of gency situations. The Legislature ignored the statements of those individuals who choose to ignore the law and take for the safety experts. themselves what rightfully belongs to us. THE 1995 LAW THREATENS OUR SAFETY MADD Oregon urges you The 1995 law hands control of safety equipment and training to to join in supporting their efforts working with law bureaucrats and elected politicians that have NO experience in enforcement to stop drunk driving. protecting you in an emergency. THE 1995 LAW MUST BE CORRECTED. Vote YES on Ballot Measure 43. - Listen to the experts: • corrections officers, • prison security technicians • law enforcement, (This information furnished by Jeanne Canfield, Mothers Against Drunk • police, Driving,Oregon.) • paramedics, • 911 dispatchers, • firefighters and others These professionals know the training and equipment that is necessary to do their jobs. They are the experts - you wouldn't want anything less responding to your emergency. BALLOT MEASURE 43 WILL REVERSE A VERY BAD LAW. VOTE YES on BALLOT MEASURE 43 (This information furnished by Randy Leonard, Portland Fire Fighters Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. I the accuracy or truth of any statement made in the argument. 174 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 ARGUMENT IN FAVOR ARGUMENT IN FAVOR THE PUBLIC SAFETY ACT THE PUBLIC SAFETY ACT BALLOT MEASURE 43 BALLOT MEASURE 43 Endorsed By Fire Chiefs,Sheriffs and Safety Experts. RECEIVES STRONG APPROVAL FROM police officers 'The Firefighter's goal within a city is to arrive at an emergency law enforcement training specialists. scene within four minutes! Like other Public Safety personnel, firefighters are in a constant state of emergency readiness. Career criminals have tactics to defeat and injure our police offi- cers. Prison Inmates have been captured on film practicing These jobs are unique-dangerous essential to safety. maneuvers to stab a police officer during a frisk. There is no striking, no walking off the job. Nothing should Effective, training for our officers is critical. When the police impede their ability do their jobs. Unfortunately, the current aren't safe, the community isn't safe. Our recruits must be the law does impede. Current law threatens quick response top quality individuals. Their training must be thorough, special- time.Public Safety Personnel must be allowed to negotiate-this ized and complete. They must have experience in utilizing all will insure their safety and ours. Ballot Measure 43 will strength- equipment. Once on the job, they must have the access to the en the immediate response of public safety personnel." highest quality crime-fighting and safety equipment available. George Howland,Ret.Deputy Fire Chief,Portland During my career, I have observed the results of incomplete Everett G Hall Ret. State Fire Marshall; responsible for estab- training - good dedicated people have gotten hurt. When com- lishing the Hazardous Materials Emergency Response System. bined with being under-staffed-these people have been critically Eugene Fire Chief/Emergency Manager, directed Police, 911 injured or killed. Center. Ballot Measure 43 is vital to the safety of officers on the James Klum Portland Fire Chiefs Association street.It will reverse the current law that determines the fate of law enforcement officers in Oregon. T R Steffanson Ret.Battalion Chief,Portland The law MUST be changed.. Gary DuBois Ret Deputy Chief,Portland Vote YES on Ballot Measure 43. Dan Noelle Current Sheriff of Multnomah County Elizabeth Cruthers. • Portland Police Officer, • Oregon Council of Police Associations-Board Member National Association of Police Organizations • BPSST,current Board member James K Bean candidate Linn County Sheriff Roger Morse. • Former BPSST member Larry Kanzler,candidate Columbia County Sheriff Walt Porter Ret Division Chief of Emergency Fire Chief of Multnomah County Fire District 10 (This information furnished by Elizabeth Cruthers, Oregon Council of Police Associations.) (This information furnished by Stan George, Vice President, Portland Firefighters Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 175 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 ARGUMENT IN FAVOR ARGUMENT IN FAVOR HELP-CALL 91111 OREGON'S POLICE KNOW THE JOB THEY ARE SUPPOSED TO DO. A blaze envelops your home. Prevent crime Save lives. Respond to emergencies. Improve Boat ignites into flames. community safety. Hazardous waste spills on the road. Wild fires are threatening businesses and homes. THERE IS AN EMERGENCY. BUT -it isn't in your home. By dialing 911 THE HANDCUFFS ARE ON. fire engines race toward the front-line! BUT-not on the bad guy. Saving human life is the prime directive of a firefighter. On the front-line, firefighters see lives of individuals and their families THE POLICE ARE BEING HANDCUFFED. forever changed -- the devastation of loss - loss of life and The ability of police to do their job has been restricted.Restricted property. by people who talk a good line about wanting to prevent crime and then make decisions that impede the ability of police to do An Oregon free from fires and injuries. their jobs. This is the goal of Oregon's Firefighters.We believe that this can be accomplished through prevention programs and the effective 1995 Legislature handcuffed the police fire suppression teams. Our professional standards are estab- THE RESULT? lished with this goal in mind. Police departments that can't attract the best individuals or maximize training, are not able to send the best team to Professional Standards respond to your emergency. .for Fire Fighters requirements: 1. RECRUITMENT OF QUALITY.INDIVIDUALS, prepared for BALLOT MEASURE 43 the frontline with, will remove the handcuffs from 2. BEST QUALITY TRAINING, the arms of the police! 3.working with the APPROPRIATE EQUIPMENT. Ballot Measure 43 insures an increase in safety. Because it With this combination guarantees to fix the problems created by the 1995 legislature. most experience,best trained individuals will Officers will be safer, Oregonians will be safer. With Ballot be responding to your emergency. Measure 43 Oregon's Police will be able to attract quality. recruits,with comprehensive training and equipment. Fire Fighters need the help of Oregonians. FIREFIGHTERS ARE CALLING 911. OREGON POLICE OFFICERS URGE OREGONIANS Firefighters are asking for your help. to vote YES on 43. Our safety and effectiveness has been compromised by 1995 changes in the law. Take the cuffs off the police, The result????? Put them on criminals. We can't perform up to our YES ON BALLOT MEASURE 43 own professional standards. From the Oregon Council of Police Associations - representing THE PUBLIC SAFETY ACT police working in 35 stations located across Oregon. Joined by Ballot Measure 43-guarantees that we will be able to per- Oregon State Police Officers Association, Marion County Law form up to your standards. Enforcement Association a organization of sheriffs and police, Ballot Measure 43 will attract the best recruits,insure that their and Multnomah County Deputy Sheriffs. training is thorough and once on the front-line the equipment is sufficient to control any emergency. Oregon firefighters are calling 911 (This information furnished by Doug Hoffman.) respond to the call with "YES on BALLOT MEASURE 43" An urgent request from the Oregon State Fire Fighters Council. An organization that supports the safety and efforts fire depart- ments across the state. (This information furnished by Tom Chamberlain, Oregon State Fire Fighters.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon,,nor does the state w arrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 176 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure .No. 43 ARGUMENT IN FAVOR ARGUMENT IN FAVOR ATTENTION: Residents of Southern Oregon and ATTENTION:Residents of Willamette Valley and the North the South Coast Oregon Coast RE; A message from your Firefighters and paramedics!! FROM: Your firefighters. RE: A special alert!!! Immense fires are common in our region of the state. The Southern part of the Oregon has seen considerable amount In 1995 the Legislature changed the public safety law of fire in recent years. and risked your safety. • Wild fires that destroyed much of Klamath County. • Structural fires in Medford and Ashland that wiped outhomes In 1995 the Legislature passed a law that seriously jeopardized and businesses. your safety because the they disabled the firefighter's ability to do the job. For these emergencies firefighters responded. Most of the time local firefighters were able to suppress the fire The 1995 public safety law: and minimize damage. In some cases, such as when the . Diminished the ability to recruit the best candidates, Governor declares "A STATEWIDE EMERGENCY", it is neces- . Reduced the equipment and training available to firelight sary to call in firefighters from neighboring areas. ers,and • Allowed Cuts into the number of firefighters that would This is what the Southern Oregon and South Coast be working. firefighters need to be effective: Southern Oregon communities, in fact ALL Oregon communities, This boils down to LESS SAFETY. MUST have firefighters that have adequate training and depart- This is the effect of the 1995 changes. ments which are equipped to effectively fight the consuming fires which are so common to our area.Our fire departments must be It doesn't matter what the Legislature intended-they made able to quickly coordinate their efforts. the mistake of giving politicians and bureaucrats control of crucial public safety decision. That is what we need but we don't have it right now. The 1995 public safety law needs to be corrected It is for this reason that the firefighters of Ashland, Coos Bay, Douglas County, Grants Pass, Jackson County, Klamath Basin, HELP CHANGE THE LAW Medford, North Bend, Rogue River, Roseburg, and Firefighters are asking for HELP!! Winston/Dillard and ask you to supportr their efforts by voting Help change the laws that jeopardize safety. YES on Measure 43. VOTE YES on BALLOT MEASURE 43 BALLOT MEASURE 43 YES vote on BM 43. It is about the safety of firefighters and the guarantees that firefighters safety of Oregonians..YES on BM 43. get the training and equipment they need, so they can be there when called into action. VOTE YES ON 43! From Fire District#1 representing the firefighters in the fire dis- tricts of the Portland metro area, Fire District #2 representing firefighters in Marion County, Salem,Albany,Corvallis,Lebanon, Oakridge, Eugene, La Pine, Springfield, and Western Lane (This information furnished by Robert T. McGregor, Oregon State Fire EMTs.The firefighters of District 4 which covers the North Coast Fighters Council.) including Astoria,St.Helens,Clackamas,Gresham,Hillsboro. (This information furnished by Tom Chamberlain, Oregon State Fire Fighters Council.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 177 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Dear Voter, TO: All Oregonians. FROM:Firefighters of Central and Eastern Oregon. In 1995 the Legislature must have decided that they know more FYI: Garden hoses and garden shovel DO NOT constitute about fighting fires, policing dark streets, busting drug dealers Fire-fighting Equipment. and guarding prisoners than the public safety personnel. 1996 Central Oregon blaze.... In 1995 the Legislature must have also decided that it knew The worst fire destruction of Oregon lands in years.. more about equipment required to fight hazardous waste fires, • Declared a"Conflagration"by Governor Kitzhaber. bullet proof vests and prison security technology than the public • Displaced residents and vacationers sleep on the floors of safety personnel.. conference rooms at Kah-neeta. • Thousands of acres of land engulfed in flames. Their misguided change (not supported by safety) created a New computer program saved valuable time in planning the attack on the fire "New- improved-public-safety-law". This had the effect of eliminating the ability of all public safety employees to provide input on our training and equipment. A Conflagration DOES NOT respond to the stream of a garden hose. But it seems that some people think that a garden hose will do With the 1995 (current) law in effect , corrections officers, the job. During 1995 legislature made a series of decisions firefighters, 911 dispatchers, paramedics and law enforce- that incapacitates firefighters to be the efficient, effective, ment simply CANNOT be efficient or safe on the job,. immediate. CAN'T MEET OUR STANDARDS of EFFICIENCY The Legislature thinks that politicians and bureaucrats know more about equipment and training than those on the front-line. Ballot Measure 43 is the SOLUTION. They took those decisions away from the firefighters on the Ballot Measure 43 will reverse the law created in 1995. It insures front-line, that the firefighters will be responding to emergencies with the most experienced,best trained,completely equipped public safe- The effect,the Legislature could have sent firefighters to the ty personnel possible. 1996 Central Oregon Conflagration with garden hoses, shovels and rakes. Vote YES on 43 The current public safety lay is DANGEROUS It is for our safety and yours. THE CORRECTION:BALLOT MEASURE 43 Safety, Ballot Measure 43 insures that firefighters that will be able to Oregon's correction facility employees including, Association of respond to fire emergencies-that envelop an entire county or a Oregon Corrections Employees, Federation of Oregon Parole house-immediately,effectively and efficiently. and Probation Officers, Multnomah County Corrections Officers Association.American Federation of State County and Municipal Firefighters know what training they need. Employees - representing employees at Oregon's correction Ballot Measure 43 guarantees their access to the training and facilities. equipment they need.And that the best individuals with the most experience will be on the front line. Vote yes on 43 We need the best,most experienced on the front-line. (This information furnished by Mike Van Patten, Association of Oregon We need the expertise of those on the front-line making Correction Employees.) equipment,training decisions. CORRECT THE PROBLEM. So we can do our jobs. YES ON 43 (This information furnished by Tom Chamberlain, Oregon State Firefighters.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 178 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Community leaders confirm The Public Safety Act - Ballot CITIZENS FOR PUBLIC SAFETY. Measure 43-will fix the chaos created in 1995. The people/organizations listed below are concerned about safe- ty in Oregon's communities. "Our communities are safer,when police officers and firefighters They will be voting YES on Ballot Measure 43. are allowed to negotiate safety equipment,training and policies. The problem is, public safety personnel have been silenced. Ballot Measure 43 will: Short term this is a mistake. Long term it could be a disaster. 1.promote and improve safety in Oregon's communities. Vote YES. Return logic to the system, safety to streets and our safety personnel." 2.repairs a bad public safety law, created during the 1995 leg- Representative Bryan Johnston.Salem islative session,that jeopardizes safety in Oregon. As the District Attorney for Deschutes County, I work daily to 3.encourages cooperation among public safety employees; promote public safety. The importance of good quality people, chiefs, clerks, police, firefighters, corrections officers, 911 adequate and ongoing training and modern equipment are operators,City managers and others. essential to my ability to effectively enforce the law. Ballot 4.insures that emergency response teams will be experienced, Measure 43 goes a long way toward ensuring greater pro- well trained public safety personnel. tection for all of us. I would strongly urge your support for Ballot Measure 43. STATE REPRESENTATIVES Mike Dugan,Deschutes District Attorney Lee Beyer,Kate Brown,George Eighmy,Mike Fahey,Avel Gordly,Tim Josi,John Minnis,Kitty Piercy,Floyd Prozanski, It is time to stop hobbling the police and fire fighters. Public Larry Sowa,Gail Shibley,Cynthia Wooten Safety personnel have the most dangerous jobs in our communi- ties.We need to insure that they have the quality equipment and STATE SENATORS training so they can be safe. Ron Cease,Lenn Hannon,John Lim,Peter Sorensen,Dick Vote YES on Ballot Measure 43. Springer,Cliff Trow Representative Tony Corcoran,Cottage Grove Gary Hansen,Multnomah County Commisioner, There are dedicated men and women who daily'expend their Dan Saltzman,Multnomah County Commisioner efforts to respond to our calls for help and protect our safety. NOW is the time they need our support. LEGISLATIVE and other CANDIDATES Representative Lonnie Roberts Scott Bushnell,Tom Civiletti,Jim Davis,Richard Devlin, Randall Edwards,Jim Francesconi,Dan Gardner,John Hallet, The 1995 Legislature devastated the delicate balance.. This is Drannan Hamby,Del Isham,Al Jabin,Bob Jensen,Marc Kane, our change to make it right. Jeff Kelleher,George Kelley,Susan Lester,John McArdle, Dick Vote YES. McDaniel,JoAnne Nordling,Chuck Partington,Stu Tanya Collier Multnomah County Commissioner Rasmussen,Kurt Schrader,Marcus Simantel,Pat Smith,Karen Stratton,Tom Whelan,Thomas Wilde COMMUNITY ORGANIZATIONS (This information furnished by Stephanie Holmes, Citizens for Public Columbia Pacific Building/Construction Trades, Safety.) CRIME VICTIMS UNITED-DD KOUNS R.B.KOUNS Democratic Party of Multnomah County, Jobs with Justice, Lane County Central Labor Council, Fire and Police Disability and Retirement Fund, Metal Trades Council of Portland Northwest Labor Council, Northwest Oregon Labor Retirees, Oregon Building and Construction Trades Council, Oregon ALF-CIO,Oregon Federation of Teachers, Education and Health Professionals, Oregon Nurses Association, Oregon School Employees Association, Southern Labor Council, Teamsters Joint Council No.37 Umatilla-Morrow Labor Council (This information furnished by Stephanie Holmes, Citizens for Public Safety.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument-does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the.State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any state= t made in the argument. 179 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 43 Measure No. 43 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION OREGON'S FRONTLINE PUBLIC SAFETY WORKERS PROTECT OUR FAIR COLLECTIVE BARGAINING LAW SUPPORT BALLOT MEASURE 43 FROM UNION INFLUENCE Vote NO on Ballot Measure 43 Ballot Measure 43 is about building the type of Oregon we all want-one where we can count on the quality of public service The Oregon Police Chiefs for Safer Communities strongly oppos- to keep our communities livable. Making sure that we support es Ballot Measure 43. those responsible for fighting crime and fires, saving lives, and shaping other lives towards productive ends is the best way we Here is why! In 1995, Governor John Kitzhaber and the Oregon can achieve that goal.Here are reasons that workers on the front State Legislature leveled the collective Bargaining playing field line of Oregon's public safety programs support Ballot Measure by passing Senate Bill 750. Their action improved the collective 43: bargaining process tremendously and limited the power of the big employee labor unions. They want their old and unfair law "Community safety is essential. Making safe communities means back...Don't give it to them! supporting those whose job is public safety. That means voting yes'for Ballot Measure 43." Vote NO on Measure 43 and demand accountability for those who are employed to serve your community. Government must Daniel Portwood be able to discipline employees whose conduct is unacceptable. Police Officer at Prior to the Collective Bargaining reforms passed during the last The Dalles Police Department legislative session, a police agency tried to fire two officers for having sexual relations on duty,but could not do so! "It takes a village to raise a child but it takes police, firefighters and other public safety specialists to make our villages safe and Vote NO on Measure 43 and demand value for your public safe- livable: We need to show our support by voting 'yes' on Ballot ty tax dollars. Lets be honest,this ballot measure is about more Measure 43." money in the pockets of public employee unions and less money in yours. If you don't believe us,then why are they spending mil- Merrily Brotherton lions of dollars to influence your vote? Civil Deputy at Umatilla County Sheriff's Office Vote NQ on Measure 43 and say no to special bargaining status for fire and police employees. They must continue to serve the - "As a youth authority worker, I know that the best way to stop public interest and not their own interests. crime is to put the aspiring criminal out of work. Turning our youth away from crime and towards productive lives in our com- Vote NO on Measure 43 and protect your public interest by munity is vital to our future. Supporting our youth authority work- protecting our fair and balanced public bargaining law. Public ers in ways for that to happen is even more vital.That's why we employee unions want control over the management and expen- need Ballot Measure 43." ditures of fire and police departments,the State Police,jails and prisons...don't let them have it. Crisella Juarez Group Life Coordinator II at KEEP THE OREGON PUBLIC'S INTEREST STRONG IN THE Oregon Youth Authority PUBLIC BARGAINING PROCESS VOTE"YES"ON MEASURE 43 VOTE NO ON MEASURE 43 (This information furnished by Alice Dale, Executive Director, Oregon (This information furnished by Charles R. Stull, Oregon Police Chiefs for Public Employees Union.) Safer Communities.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of an statement made in the argument. the accuracy or truth of any statement made in thewargument. 180 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 Proposed by initiative petition to be voted on at the General 89.65 percent shall be credited to the General Fund, [one-four- Election,November 5,1996. teenth] 3.45 percent is appropriated to the cities of this state, [one-fourteenth] 3.45 percent is appropriated to the counties of this state and [one-fourteenth] 3.45 percent is continuously BALLOT TITLE appropriated to the Department of Transportation for the purpose of financing and improving transportation services for elder) and a ' disabled individuals as provided in ORS 391.800 to 391.830. (2)The moneys so appropriated to cities and counties shall be paid on a monthly basis within 35 days after the end of the month for which a distribution is made. Each city shall receive such share of the money appropriated to all cities as its popula OF 44 T" � � tion, as determined under ORS 190.510 to 190.590 last preced- ing such apportionment,bears to the total population of the cities of the state, and each county shall receive such share of the money a, y as its population, determined under ORS 190.510 to 190.590 last preceding such apportionment, bears to the total fit' $ population of the state. moneys appropriated to the Department of WA Transportation under subsection (1) of this section shall be dis- �; tributed and transferred to the Elderly and Disabled Special � rtt9errtopot, m Transportation Fund established by ORS 291.800 at the same .y.: to flt t�ttt tid0, time as the cigarette tax moneys are distributed to cities and f tdt counties under this section. ! 3 (4)Of the moneys appropriated to the General Fund under this section 51.92 percent shall be dedicated to funding the maintenance and expansion of the number of persons eligi- fi ble for medical assistance under the Oregon Health Plan,or to funding the maintenance of the benefits available under the Oregon Health Plan, or both, and 5.77 percent shall be refer �� credited to the Tobacco Use Reduction Account established under section 13 of this 1996 Act. � � 8d SECTION 3.The amendments to ORS 323.030 and 323.455 by sections 1 and 2 of this Act apply to distributions of ciga- rettes occurring on or after February 1,1997. SECTION 4. Sections 4 to 8 of this Act are added to and made a part of ORS 323.005 to 323.455. SECTION 5. (1) In addition to and not in lieu of any other tax,for the privilege of holding or storing cigarettes for sale, N & R use or consumption,a floor tax is imposed upon every deal- � � a� er,as defined in ORS 323.010,at the rate of 15 mills for each , w cigarette in the possession of or under the control of the WK F� Ig�97" dealer in this state at 12:01 a.m.on February 1,1997. 9 � (2)The tax imposed by this section is due and payable on or before February 20, 1997. Any amount of tax that is not paid within the time required shall bear interest at the rate AN ACT TO SUPPORT THE OREGON HEALTH PLAN established under ORS 305.200 per month, or fraction of a month, from the date on which the tax is due to be paid, until paid. Relating to finance; creating new provisions; amending ORS (3)On or before February 20,1997,every dealer shall file a 323.030, 323.455, 323.505 and 323.625; and appropriating report with the Department of Revenue in such form as the money. department may prescribe. Dealer reports shall state the number of cigarettes in the possession of or under the con- Be It Enacted by the People of the State of Oregon: trol of the dealer in this state at 12:01 a.m. on February 1, SECTION 1.ORS 323.030 is amended to read: 1997, and the amount of tax due thereon. Each report shall 323.030.(1) Every distributor shall pay a tax upon distributions be accompanied by a remittance payable to the department of cigarettes at the rate of[14]29 mills for the distribution of each for the amount of tax due. cigarette in this state. SECTION 6. In addition to and not in lieu of any other tax, (2) The taxes imposed by ORS 323.005 to 323.455 and for the privilege of distributing cigarettes as a licensed dis- 323.990 are in lieu of all other state, county or municipal taxes tributor and for holding or storing cigarettes for sale,use or on the sale or use of cigarettes. - consumption, a floor tax and cigarette indicia adjustment (3) Any cigarette with respect to which a tax has once been tax is imposed upon every Licensed distributor in the imposed under ORS 323.005 to 323.455 and 323.990 shall not amount of 37.5 cents for each Oregon cigarette tax stamp be subject upon a subsequent distribution to the taxes imposed bearing the designation "25," in the amount of 30 cents for by ORS 323.005 to 323.455 and 323.990. each Oregon cigarette tax stamp bearing the designation SECTION 2.ORS 323.455 is amended to read: "20" and in the amount of 15 cents for each Oregon ciga- 323.455. (1) All moneys received by the department from the rette tax stamp bearing the designation "10," which is tax imposed by ORS 323.030(1) shall be paid over to the State aff ixed to any package of cigarettes in the possession of or Treasurer to be held in a suspense account established under under the control of the licensed distributor at 12:01 a.m.on ORS 203.445.After the payment of refunds,[eleven-fourteenths] February 1,1997. 181 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measureflo. 44 SECTION 7. (1) Every licensed distributor shall take an 323.625. All money received by the Department of Revenue inventory as of 12:01 a.m. on February 1, 1997, of all pack- under the Tobacco Products Tax Act shall be deposited in the ages of cigarettes to which are affixed Oregon cigarette tax State Treasury and credited to a suspense account established stamps and all unaffixed Oregon cigarette tax stamps in the under ORS 293.445. After payment of administration expenses possession of or under the control of the distributor, incurred by the department in the administration of the Tobacco (2) Every licensed distributor shall file a report with the Products Tax Act and of refunds or credits arising from erro- Department of Revenue on or before February 20, 1997, in neous overpayments,the balance of the money shall be credited such form as the department may prescribe,showing: , to the General Fund. Of the amount credited to the General (a) The number of Oregon cigarette tax stamps, with the Fund under this section 41.54 percent shall be dedicated to designations thereof,that were affixed to packages of ciga- funding the maintenance and expansion of the number of rettes in the possession of or under the control of the dis- persons eligible for medical assistance under the Oregon tributor at 12:01 a.m.on February 1,1997;and Health Plan, or to funding the maintenance of the benefits (b)The number of unaffixed Oregon cigarette tax stamps, available under the Oregon Health Plan, or both, and 4.62 with the designations thereof,that were in the possession of percent shall be credited to the Tobacco Use Reduction or under the control of the distributor at 12:01 a.m. on Account established under section 13 of this 1996 Act. February 1,1997. SECTION 11. The amendments to ORS 323.505 and (3)The amount of tax required to be paid with respect to 323.625 by sections 9 and 10 of this Act apply to tobacco the cigarette tax stamps shall be computed and remitted Products tax reporting periods beginning on and after with the distributor's report. Any amount of tax not paid February 1,1997. within the time specified for the filing of the report shall bear SECTION 12.Sections 13 to 15 of this Act are added to and interest at the rate established under ORS 305.220 per made a part of ORS chapter 431. month, or fraction thereof, from the due date of the report, SECTION 13. (1)There is established in the General Fund until paid. the Tobacco Use Reduction Account. SECTION 8. All moneys received by the Department of (2) Amounts credited to the Tobacco Use Reduction Revenue from the tax imposed by sections 5 and 6 of this Account are continuously appropriated to the Health 1996 Act shall be paid over to the State Treasurer to be held Division for the funding of prevention and education gro- in a suspense account established under ORS 293.445.After grams designed to reduce cigarette and tobacco use. the payment of refunds, the remainder shall be paid over SECTION 14.The Health Division shall develop and adopt and credited to the General Fund. Ninety percent of the rules for awarding grants to programs for educating the amount credited to the General Fund under this section public on the risk of tobacco use, including but not limited shall be dedicated to funding the maintenance and expan- to: sion of the number of persons eligible for medical assis- (1) Educating children on the health hazards and conse- tance under the Oregon Health Plan,or to funding the main- quences of tobacco use;and tenance of the benefits available under the Oregon Health (2) Promoting enrollment in smoking cessation programs Plan, or both. Ten percent shall be credited to the Tobacco and programs that prevent smoking-related diseases includ- Use Reduction Account established under section 13 of this ing cancer and other diseases of the heart, lungs and 1996 Act. mouth. SECTION 9.ORS 323.505 is amended to read: SECTION 15. During each biennium, the Health Division 323.505. (1) A tax is hereby imposed upon the sale, storage, shall prepare a report regarding the awarding of grants from use,consumption,handling or distribution of all tobacco products the Tobacco Use Reduction Account and the formation of in this state at the rate of[35]65 percent of the wholesale sales public-private partnerships in connection with the receipt of price of such tobacco products.The tax shall be imposed on dis- funds from the account. The Health Division shall present tributors at the time the distributor: the report to the Governor and to those committees of the (a) Brings, or causes to be brought, into this state from without Legislative Assembly to which matters of public health are the state tobacco products for sale,storage,use or consumption; assigned. (b) Makes, manufactures or fabricates tobacco products in this state for sale,storage,use of consumption in this state;or NOTE: Boldfaced type indicates new language; [brackets and (c)Ships or transports tobacco products to retail dealers in this italic]type indicates deletions or comments. state, to be sold, stored, used or consumed by those retail deal- ers. (2) If the tax imposed under this section does not equal an amount calculable to a whole cent, the tax shall be equal to the next highest whole cent. However, the amount remitted to the Department of Revenue by the taxpayer for each quarter shall be equal only to 98.5 percent of the total taxes due and payable by the taxpayer for the quarter. (3) No tobacco product shall be subject to the tax if the base product or other intermediate form thereof has previously been taxed under this section. (4) Notwithstanding any provision of the Tobacco Products Tax Act to the contrary,the tax imposed by this section may be paid by the manufacturer or any other person or entity instead of the taxpayer from whom such tax would otherwise be due. In the event of payment by another person or entity, the taxpayer shall be excused from payment of the amount of the tax which has been so paid if, together with the return required under ORS 323.510, the taxpayer supplies evidence satisfactory to the department or in a form prescribed by the department showing that such tax has been so paid. SECTION 10.ORS 323.625 is amended to read: 182 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 EXPLANATORY STATEMENT ARGUMENT IN FAVOR The proposed Measure: Ballot Measure 44 proposes an Research Scientists Favor Measure 44 increase in and redistribution of state taxes on cigarettes and other tobacco products (cigars, chewing tobacco, pipe tobacco As Oregon research scientists, we feel a responsibility to urge and snuff)distributed in this state effective February 1, 1997. a"Yes"vote on Ballot Measure 44,which would raise the tax on cigarettes by 30 cents a pack. The present tax:Oregon currently imposes a permanent tax of Many of us do research on tobacco use. Scientific evidence 1.4 cents per cigarette(28 cents per standard 20 cigarette pack) regarding the harmful effects of tobacco is indisputable.Smoking and a temporary tax of .5 of a cent per cigarette (10 cents per causes more than 400,000 deaths a year in this country--more standard pack)for a total cigarette tax of 1.9 cents per cigarette than are caused by suicide, homicide, alcohol use, auto acci- (38 cents per standard pack). The temporary tax will expire dents,AIDS,and drug overdoses combined. December 31, 1997.Other tobacco products are presently taxed The proposed tax on tobacco products will improve public at 35%of their wholesale price. health in three ways. Increasing it will reduce the proportion of young people who The proposed tax: Ballot Measure 44 would increase the per- become addicted to tobacco. Research summarized in the 1994 manent cigarette tax by 1.5 cents per cigarette (30 cents per Surgeon General's report clearly shows that higher prices dis- standard pack)for a total tax of 3.4 cents per cigarette(68 cents courage adolescents from trying tobacco. More than 3000 young per standard pack) until expiration of the temporary .5 cent tax, people begin smoking every day; 1000 will die prematurely at which time the total tax would be reduced to 2.9 cents per cig- because they smoked. arette (58 cents per standard pack). The tax on,other tobacco Measure 44 will raise about $135 million per biennium for the products would he increased to 65%of wholesale value. A one- Oregon Health Plan, Oregon's innovative approach to assuring time-only tax is imposed upon existing stocks of cigarettes held health coverage for all. Since much of cost of the plan is for in inventory equal to taxes to be paid on cigarettes distributed treatment of smoking-related illness, it makes sense that the tax after February 1, 1997. help pay for such illness. The measure will provide about $15 million per biennium to prevent adolescent addiction to tobacco. Research has shown The present distribution of tax revenue:Approximately 79% that prevention programs work. of the revenue from the permanent cigarette tax and all of the We urge you to vote for Measure 44 and make a significant revenue from the tax on other tobacco products is dedicated to contribution to the health of Oregonians. the State General Fund for general government purposes. The remaining 21% of the permanent cigarette tax is distributed to Nicholas Allen,Ph.D. Garth McKay,Ph.D. cities, counties and the State Department of Transportation for Anthony Biglan,Ph.D. Carol Metzler,Ph.D. general government purposes. Revenue from the temporary cig- Jonathan Brown,Ph.D. Ph.D. John N Metzler,r,Ph arette tax is entirely dedicated to the Oregon Health Plan. David R.Campbell,Ph.D. Clyde Pope,Ph.D. John Digman,Ph.D. Paul Rohde,Ph.D. The proposed distribution of tax revenue: Ballot Measure Elizabeth Eakin,Ph.D. Herbert Severson,Ph.D. 44 dedicates approximately 90%of the revenue generated to the Russell Glasgow,Ph.D. Lisa Sheeber,Ph.D. State General Fund and approximately 10% to cities, counties Lewis R.Goldberg,Ph.D. Diana Shye,Ph.D. and the State Department of Transportation. The General fund Emily Harris,Ph.D. Victor Stevens,Ph.D. allocation is further dedicated to the Oregon Health Plan,general Hyman Hops,Ph.D. Deborah Toobert,Ph.D. government purposes and tobacco reduction and cessation pro- Arnold Hurtado,M.D. Barbara Valanis,Dr.P.H. grams. Njeri Karanja, Ph.D. Thomas Vogt,M.D. Michael Lee,Ph.D. B.Alex White,D.D.S.,Dr.P.H. Committee Members: Appointed by: Edward Lichtenstein,Ph.D. Evelyn Whitlock,M.D.,M.P.H. Scott Gallant Chief Petitioners Barney Speight Chief Petitioners Bill Linden Secretary of State Gary Oxley Secretary of State (This information furnished by Anthony Biglan.) John C.Beatty,Jr. Members of the Committee (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to DRS 251.215.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 183 CONTINUED o Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Oregonians Deserve to Be Healthy Ballot Measure 44 is important for the good health of Oregonians. It's important for the future of our children. And it's Heart attack is the number 1 killer of Americans. Heart disease critical to almost 130,000 low-income, working men, women and and stroke kill more people than AIDS, accidents-even cancer. their children who, without the Oregon Health Plan, would have In 1995, over 10,000 Oregonians died from heart disease and no health insurance. stroke. By adding 30 cents to the price of a pack of cigarettes, Measure Scientific evidence very clearly shows the use of tobacco is a 44 raises $67 million per year to help pay the state's share of major risk factor for the development of heart disease and funding the Oregon Health Plan, which in turn helps low-income stroke. Tobacco use is responsible for over 400,000 deaths working Oregonians keep their jobs and avoid welfare as the each year in this country. In Oregon, 6,500 Oregonians died only way to get health insurance. Measure 44 also raises anoth- from tobacco-related illnesses in 1993 alone. And, according er$7 million each year to help educate our kids on the conse- to the Oregon Health Division, Oregonians spent$260 million in 4uences of developing a tobacco addiction. 1993 in direct costs for diagnosis and treatment of tobacco- related illnesses. The Oregon Health Plan is a tribute to the pioneer spirit of our state. It was created by the Oregon Legislature in 1989.The Today the American Heart Association wants you to vote plan uses a combination of public and private insurance pro- YES on Measure 44. grams to extend healthcare services to low-income Oregonians. It offers health coverage to the uninsurable and to small busi A yes vote on Measure 44 will raise$67 million each year,ded- ness employees, icated specifically for the Oregon Health Plan. This money will enable thousands of Oregonians - children and adults - to The plan has demonstrated success in stabilizing costs of receive much-needed health care through the Oregon Health healthcare:the length of hospital stays is falling;emergency Plan. A YES vote on Measure 44 will also provide $7 million room visits are declining; fewer people are finding them- each year in funds critical to preventing children and selves faced with a healthcare crisis without medical insur- teenagers from using Tobacco Products. ante;and small businesses have more security to offer their workers. Tobacco Industry advertising is very effective in marketing its products to children.In America,3,000 children begin smoking Ballot Measure 44 is money for the Oregon Health Plan and a each year. Approximately one third of the those children who strong anti-smoking message for our children. Thirty cents a get hooked on tobacco will die from their addiction. pack is a small price to pay. Please join us in voting YES on Measure 44. The American Heart Association, Oregon Affiliate, Inc. sup- ports the passage of Measure 44 because it will reduce death Ken Rutledge,President and disability caused by the use of Tobacco. Our mission is to Oregon Association of Hospitals and Health Systems reduce death and disability from heart disease and stroke. A YES vote on Measure 44 will save lives and improve the health of Oregonians. You can make a difference. Join the American Heart (This information furnished by Ken Rutledge, President, Oregon Association and Vote Yes on Measure 44. Association of Hospitals and Health Systems.) (This information furnished by John Chism, Executive Director,American Heart Association,Oregon Affiliate.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11,) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. I the accuracy or truth of any statement made in the argument. 184 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR MEASURE 44 is a powerful public health tool. The Oregon REDUCE TEEN SMOKING Public Health Association supports Measure 44 because it makes sense to increase the tobacco taxes and spend the Vote YES on Measure 44 new revenue on the Oregon Health Plan and tobacco pre- vention programs. How can raising the cigarette tax fight teenage smoking? It's simple. A report published in 1993 by the National Cancer MEASURE 44 allows you to join the battle against the Institute, The Impact of Cigarette Excise Taxes on Smoking tobacco industry. Smoking costs Oregonians nearly$1 bil- Among Children and Adults, shows higher prices discourage lion each year in added medical costs and lost work time. teenage smoking. The direct medical costs of smoking along amount to over $400 million per year. It makes sense to raise tobacco taxes Raise the price.Lower the consumption. to help repay some of these tobacco-related costs. It makes sense.The National Cancer Institute report reveals that youth consumption of tobacco is more influenced by price than Vote for Measure 44 to protect our children from tobacco. anything else. Indeed, another study released in July by the Help give our kids the best chance for a healthy,smoke-free National Bureau of Economic Research showed that raising the life.How will this happen? price of a pack of cigarettes by 75 cents has three times more impact on teen smoking than on adult smoking. This is probably 1)A higher tax will increase the cost of tobacco products,dis- true because children and teenagers are usually less addicted couraging children from buying.This has happened in other than many adults and,therefore, are more able to stop smoking states. when prices increase. 2)10%of the revenue generated will fund programs which dis- Please help reduce teen smoking.Vote YES on Measure 44. courage the use of tobacco,especially by children.The rest of the revenue generated will go toward tobacco-related Bruce Adams,president Ellen Lowe,associate director medical costs and the Oregon Health Plan. Oregon Education Association Ecumenical Ministries of Oregon The tobacco industry has spent millions of dollars in Oregon to convince voters to defeat Measure 44, to protect their profits by selling more of their products to children. The tobacco industry (This information furnished by Bruce Adams, Oregon Education has been telling lies, hiding behind fake campaign names and Association.) trying to buy this election.The Oregon Public Health Association wants the citizens of Oregon to know the truth about the tobacco industry and Measure 44. VOTE YES ON MEASURE 44 TO SHOW THE TOBACCO INDUSTRY THAT OREGONIANS CARE MORE FOR THEIR KIDS THAN TO BELIEVE THE LIES OF THE TOBACCO INDUSTRY. VOTE YES ON MEASURE 44 TO PROTECT OUR CHILDREN FROM A LIFETIME OF ADDICTION. VOTE YES ON MEASURE 44 TO HELP SUPPORT THE OREGON HEALTH PLAN. VOTE YES ON MEASURE 44 FOR THE HEALTH OF ALL OREGONIANS. This message is brought to you by the 375 members of the OREGON PUBLIC HEALTH ASSOCIATION. (This information furnished by Margaret Slagle, President, Oregon Public Health Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state n;,J ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 185 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Every year,thousands of Oregonians die from tobacco related ill- SHOW THE TOBACCO INDUSTRY THAT OREGONIANS nesses. But numbers don't begin to tell the human stories that SEE THROUGH THE SMOKESCREEN... nurses witness every day. People who have tobacco induced diseases such as emphysema and lung cancer suffer pain; dis- ability; disfigurement from radical surgery, and; many times, death. Your American Lung Association of Oregon and the more than 300,000 Oregonians with lung disease urge you to vote What makes these stories tragic is that suffering and death are eyes"for Measure 44 to raise the state tobacco tax and provide largely preventable. needed funding for prevention programs and for the Oregon Health Plan. Nurses also see the effects of tobacco use on those who are not smokers: MEASURE 44 WILL SAVE KIDS'LIVES...studies have proved that kids are price-sensitive on tobacco ... when the price • The low weight baby born to a smoking mother who begins life increases, fewer kids start to smoke and additional ones quit. ill. And it's been proved that if you don't start smoking as a young- ster,you're likely not to start later. • The family whose father is often too ill to work and eventually has a fatal illness. MEASURE 44 WILL GIVE US A CHANCE TO STEM THE RISE IN YOUTH SMOKING ... underage smoking in Oregon is on the • The children in a home where adults smoke who have fre- rise again ... a higher percentage of Oregon teens now identify quent illness and must miss school and recreational activities. themselves as smokers than do adults ... and kids continue to see tobacco use encouraged in ads,in televised sporting events, • Fi Finally, and in films. ... Measure 44 will provide an estimated$7.5 million nally, the teenagers who become addicted to tobacco early their life and put themselves at risk for unnecessary a year to fund prevention programs to offset the impact on Oregon kids of the millions of dollars spent by the tobacco indus- diseases. try. Oregonians spent $260 million in 1993 for diagnosis and treat- MEASURE 44 IS FAIR ... it simply ensures that Oregonians who ment of tobacco related illnesses. By voting "YES" on Ballot choose to use tobacco pay a fairer share of the costs all Measure 44, Oregonians have an opportunity to make a signifi- Oregonians bear to treat preventable tobacco-caused disease. cant improvement in health. Those individuals who choose to It's one tax that most every Oregonian, including a majority of smoke can help to fund badly needed health care by expanding Oregonians who smoke,believes to be fair. the Oregon Health Plan. Additionally, $7 million of the revenue will be spent to prevent children and teenagers from using tobac- co products. IT TRULY IS A MATTER OF LIFE AND BREATH Ballot Measure 44 is responsible policy in that it will have the VOTE YES ON MEASURE 44 effect, ultimately, of reducing the use of tobacco as well as off- setting the cost of health care currently supported from public Your American Lung Association of Oregon funding. Ballot Measure 44 pits those of us concerned about the health of Oregonians against the tobacco industry. Is there any question (This information furnished by Shane P. McDermott, American Lung about whom to trust? Association of Oregon.) (This information furnished by Susan E. King, Oregon Nurses Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 186 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR A MESSAGE FROM U.S.SENATOR RON WYDEN The Oregon Rural Health Association (ORHA) knows that extending the Oregon Health Plan (OHP) is essential for main- To the Committee to Support the Oregon Health Plan: taining public safety, livability and a viable economy in Oregon's rural communities. In 1994 the top executives of the tobacco companies swore ORHA Board of Directors recommends a YES vote on under oath at a Congressional hearing to tell the truth about the Measure 44 to support the Oregon Health Plan because: health effects of their products. At this hearing, I asked each of Rural residents have a greater need for the Oregon Health these executives if they believed nicotine was addictive. Each of Plan because: them said"No." • wages and incomes are lower in rural Oregon Since that hearing,documents from tobacco industry files have • unemployment is higher in rural Oregon demonstrated that high ranking tobacco company officials have . rural Oregonians are less likely(than urban)to have health considered their products addictive for years. insurance • agricultural and forest work is more dangerous than most Now the industry that argues tobacco is not addictive plans to urban occupations spend vast sums of money to defeat Measure 44, the Act to rural areas often experience shortages of doctors, nurse Support the Oregon Health Plan. The tobacco industry lobby is practitioners, physician assistants and other health one of the most powerful in the nation.I've seen them pull out all professionals the stops to get what they want - one tobacco company even sued me personally because of my efforts to protect public • maintaining existing rural health care services is essential to health. maintain existing jobs and to attract new employment opportunities to rural Oregon Over the next few weeks, you can expect that the tobacco Supporting the Oregon Health Plan will help maintain exist- industry will bombard our state with fancy,clever advertising that ing rural health services. will suggest Oregon is going to be badly hurt by Measure 44. . Rural hospitals and health services are essential to Please don't believe the industry that still claims nicotine isn't employers and families; addictive. • Rural employers have difficulty attracting the best employees; The truth is Measure 44 will improve the health of thousands of Local residents move away when needed health services Oregonians.It will help us achieve one of my top goals as a pub- are not available. lic official-keeping kids from starting to smoke.. Rural residents are more likely to forego treatment because: I'm supporting Measure 44 because it will help continue the • travel distances, Oregon tradition of fresh, creative answers for real problems. . lack of health insurance, The tobacco lobby won't like Measure 44, but it will be good for provider shortages. the people of Oregon. I hope you will join me in voting YES on Measure 44. • delayed treatment for accidents or serious illness often contributes to poorer health or disabilities. The OHP has been working as expected and having a posi- tive impact of: (This information furnished by U.S.Senator Ron Wyden.) • supporting rural health services; • reducing unnecessary emergency room visits; • reducing lost time due to illness for low-income workers; • reducing the rate of inflation in health insurance premiums; • reducing applications for welfare and thus reducing the welfare.rolls. Vote Yes on Measure 44 to finance and strengthen the Oregon Health Plan,a program that helps all Oregonians. The Oregon Rural Health Association is a non-profit organization whose primary goal is to improve the health of rural Oregonians through development of consensus on rural health policy recom- mendations and through education and communication. (This information furnished by Ian Timm,President, Oregon Rural Health Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 187 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR YES on Measure 44. PROTECT YOUR HEALTH,AND SAFETY! To support the Oregon Health Plan. Vote YES on Measure 44! As providers of emergency medical services and transportation The Oregon Health Plan Provides Thousands of Oregonians throughout much of Oregon, we urge our fellow Oregonians to with Treatment for Alcohol&Drugs vote YES on Measure 44. Violent crime, property crime, school dropouts, job loss, • The Oregon Health Plan is good for all Oregonians because drunk driving accidents, exploding prison populations-- it encourages high quality in health care. It also helps con- Alcohol and drug abuse is a huge factor in these problems and trol health care costs for most Oregonians,not just for those more. The Oregon Health Plan has provided thousands of who participate in the Plan. Oregonians with help that otherwise is unavailable. That Benefits YOU! • If we lose the Oregon Health Plan for lack of funding, we would probably have to go back to the old welfare system. All Oregonians will pay more tomorrow unless we act today! Under that system, many Oregonians end up paying more Oregon simply cannot afford to keep paying the price for untreat- for health care. ed alcohol and drug problems. The Oregon Health Plan offers a solution by making treatment accessible to save Oregonians the • As health care providers participating in the Oregon Health costly alternatives of prison, welfare and personal tragedy. That Plan, we consider ourselves part of a unique public/private Benefits YOU! partnership with the state. Working to assure high quality health care and control costs,this partnership is a model for Tobacco prevention means savings for everybody.Tobacco other states to follow. use is a known "gateway" to other drugs, especially among teens. Raising the price of tobacco will result in decreasing use. • Oregon has among the highest-quality emergency medical Decreasing tobacco use means fewer babies born drug addict- service and transportation in the country. The Oregon ed,physically or mentally damaged.That Benefits YOU! Health Plan helps us keep up that high quality,of service for all Oregonians. Currently, 400,000 Oregonians-- including 100,000 children --do not have health coverage. The Oregon Health Plan is a Ken Parsons, EMT-P Randy Garner nationally recognized solution for managing the cost of health Operations Manager President care while providing basic health coverage to citizens who can- Mercy Flights,Medford Woodburn Ambulance Service not afford it. As a result, all Oregonians and Oregon businesses President,Oregon Ambulance Woodburn pay less for their own health care.That Benefits YOU! Association The Alcohol&Drug Abuse Program Directors Association Bruce Latta David Cartright of Oregon serves thousands of Oregonians and their Bay Cities Ambulance Southern Curry EMS families every year.We urge you to Vote... Coos Bay Brookings YES on 44! J.D. Fuiten Trace Skeen YES ON 44 FOR OREGON'S HEALTH AND SAFETY! Metro West Ambulance American Medical Response Hillsboro Multnomah County (This information furnished by Ann Uhler, Alcohol and Drug Abuse Program Directors Association of Oregon.) (This information furnished by Ken Parsons, Oregon State Ambulance Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 188 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR MEASURE 44 TOBACCO COMPANIES EXPANDS THE OREGON HEALTH PLAN AREN'T CONTENT JUST TO PUSH TOBACCO Health care has been extended to 130,000 uninsured NOW THEY WANT TO KILL Oregonians under the Oregon Health Plan. An additional 400,000 uninsured Oregonians are still in need of access to THE OREGON HEALTH PLAN health services. The $67 million generated annually for health care by Measure 44 will allow us to begin the expansion of the The tobacco companies will do anything to sell cigarettes, Oregon Health Plan to more working poor Oregonians. including the use of cartoon characters to hook kids.Even a con- gressional committee has alleged that nicotine levels have been MEASURE 44 manipulated to hook adults and children;and,the tobacco indus- LOWERS FUTURE HEALTH CARE NEEDS AND COSTS try's latest ploy, claiming they aren't trying to kill the Oregon Health Plan. The millions spent for the diagnosis and treatment of preventable tobacco-related diseases add to the cost of health insurance and Here's the truth: Every pack of cigarettes smoked is directly services for all Oregonians. Cigarette smoking and tobacco use responsible for at least $3.90 in healthcare costs and lost pro- are leading causes of cancer, heart and lung diseases and other ductivity(that's$900 million in Oregon).So, here's the question: serious illnesses. Measure 44 has the promise of reducing the Shouldn't the substance that causes the problem pay for off- incidence of these diseases and their related costs. In Oregon, setting the cost of the problem? the estimated cost in health care and lost productivity is $900 million a year. Ballot Measure 44, the Act to Support the Oregon Health Plan, holds the tobacco companies directly responsible. It increases The Tobacco Use Reduction Account will receive $7 million the current cigarette tax and creates two immediate benefits- it annually from Measure 44.This account will be used for tobacco raises$67 million a year to fund the Oregon Health Plan(helping use prevention and education programs. The primary focus will the more than 130,000 low-income Oregonians who don't have be on Oregon's children. Ninety percent of all new smokers are any real health insurance coverage);and,it provides$7 million a under the age of 18.The education,along with the price increase year to prevent kids from using tobacco. of 30 cents per pack of cigarettes,promises to lower the number of new smokers and future costs. Concerned civic and healthcare groups support 44. We want your help, too. Remember, the tobacco industry isn't in this for MEASURE 44 your health. SUPPORTS A CARING COMMUNITY LET'S MAKE THE TOBACCO INDUSTRY PAY FOR A The over 200 human service organizations and advocates who CHANGE make up the Human Services Coalition of Oregon often find themselves providing essential support services to fellow VOTE YES ON MEASURE 44 Oregonians whose emergency needs stem from an illness.With the expansion of the Oregon Health Plan, more resources can Submitted by the Oregon Medical Association be allocated to other essential services.Oregon will be a healthi- er community. FOR OREGON'S HEALTH VOTE YES (This information furnished by Frank J.Baumeister,M.D.,Oregon Medical FOR Association.) MEASURE 44 Human Services Coalition of Oregon (This information furnished by Ellen C.Lowe,Human Services Coalition of Oregon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 189 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Join us in voting YES for Ballot Measure 44 BALLOT MEASURE 44 PROVIDES HEALTH CARE Did you know that 80 percent of people who smoke started when they were teenagers? The Oregon Health Plan has provided access to health care ser- vices for some 130,000 uninsured Oregonians, many of them We support Ballot Measure 44 because it will place a new 30 working poor families.The faith community knows from its partic- cent tax on each pack of cigarettes. This money will help stop ipation in the ministry of healing, from hospice to immunization children from smoking. For every dollar of new cigarette tax clinics,that the estimate of at least 400,000 additional uninsured money, 10 cents will be spent on programs to help protect chil Oregonians is no exaggeration.The$67 million annual revenues dren from ever becoming addicted to tobacco. Ninety cents will from the Measure 44 tobacco tax will help expand access to be used to continue the Oregon Health Plan to provide health health care to more Oregonians who are living in poverty. care to uninsured Oregonians. BALLOT MEASURE 44 We support Ballot Measure 44 because the effect of tobacco use PROMOTES HEALTHY BEHAVIOR in our communities is staggering! People die every day.Tobacco use drains money and time away from other critical problems Education can change behavior. So can price increases. and needs. According to a 1996 Oregon Health Division report, Measure 44 will allocate 10% of the revenues, estimated at $7 the cost of tobacco use in the following counties was: million annually, for community-based tobacco_use prevention and education,especially for children. Experience in other states Countv Cost Per Year Deaths Per Year and countries has demonstrated that young people are more Benton $13 million 99 price-sensitive than adults. The 30 cent per pack increase, Linn $34 million 251 accompanied by education, should reduce the number of future tobacco customers.Cessation programs will also be available for Multnomah $200 million 1,444 adult smokers seeking a healthier lifestyle. Marion $80 million 554 The total yearly cost of tobacco use in Oregon was$895 million. BALLOT MEASURE 44 6,500 Oregonians die each year from tobacco use and addiction. REDUCES LOSS OF LIFE AND DOLLARS A YES VOTE will help thousands of Oregonians without health Oregon experiences losses of some$900 million each year from care to have access to the quality, affordable health care they lost productivity and health care because of smoking.The loss of need. life because of tobacco use was 6500 Oregonians in 1993.This loss of life and dollars is avoidable and regrettable. With the skills acquired in the programs funded by Measure 44, A YES VOTE will provide funds for tobacco prevention programs Oregonians will make healthier choices in the future. to reduce the use of tobacco by young people. FOR A HEALTHY OREGON A YES VOTE ON MEASURE 44 will help protect children. VOTE YES FOR Send a clear message to the giant out of state tobacco compa- BALLOT MEASURE 44 nies that your vote cannot be bought with slick advertising. Ecumenical Ministries of Oregon Vote YES ON MEASURE 44—You will make a difference! Respecffully, (This information furnished by Ellen C. Lowe, Ecumenical Ministries of Kent Daniels Pamela Folts Oregon.) Benton County Commission Benton County Commission Mary Pearmine Dan Saltzman Marion County Commission Multnomah Co.Commission Gary Hear John Dilworth Marion County Commission Benton County Commission Richard Stach Randall Franke Linn County Commission Marion County Commission (This information furnished by Dan Saltzman, Multnomah County Commissioner.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. Ithe accuracy or truth of any statement made in the argument. 190 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR VOTER'S GUIDE PROTECT THE HEALTH OF ALL OREGONIANS The American Cancer Society WHOLEHEARTEDLY supports VOTE YES ON MEASURE 44 Measure 44. MEASURE 44 would place a tax on tobacco products to help In the past two years, smoking rates among youth have shown support the Oregon Health Plan. an alarming increase. This is a direct result of tobacco industry marketing aimed squarely at enticing children to begin this dead- The Oregon Health Plan is a model for other states trying to ly habit. lower health care costs for all citizens and provide better health care for seniors,children,disabled citizens and low income fami- Every day,3,000 children start smoking. Of these,at least ONE- lies. THIRD will die prematurely due to tobacco use. Unless we take action,we will face a public health disaster. The Oregon Health Plan supports specific programs to prevent children from becoming addicted to tobacco. Measure 44 will help us decrease chewing tobacco and smoking rates in two ways.First,the price increase in tobacco will prevent The tobacco industry opposes a tax on tobacco products, and many children and adults from using tobacco. Second,$7 million has pledged to spend over $5 million influencing your decision of the money raised annually will be used to fund education on MEASURE 44. efforts, especially focused on children, that will help them resist the tobacco industry's slick ads luring them into a lifetime of nico- MEASURE 44 HELPS DELIVER HEALTH CARE TO ALL tine addiction. OREGONIANS Measure 44 also helps protect the health of our citizens by rais- MEASURE 44 BENEFITS OREGON CITIZENS ing funds for an additional 100,000 Oregonians, one-fourth of them children,to become eligible for the Oregon Health Plan.To give these youngsters and their parents the best chance for a VOTE YES ON MEASURE 44 healthy life, they need access to good health care. The nationally-acclaimed Oregon Health Plan will provide that. IT'S Submitted by the Oregon Medical Association ONLY FAIR that tobacco taxes help pay for these costs, since tobacco costs our economy nearly$900 million per year. During this campaign, you will be bombarded by deceptive (This information furnished by Frank J.Baumeister,M.D.,Oregon Medical advertising paid for by out-of-state tobacco company executives. Association.) These are the same people who have denied that tobacco is harmful to your health and that they target children with their advertising. These are also the same people who have sworn under oath that nicotine is not addictive. Trust is the issue. The American Cancer Society has rock-solid evidence that Measure 44 will protect children, deliver medical care to unin- sured smokers and non-smokers alike, and save thousands of lives. Everyone wins but the tobacco industry. Join us in voting YES on Measure 44. (This information furnished by Richard B. North, American Cancer Society,Oregon Division,Inc.) 4 (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. Ithe accuracy or truth of any statement made in the argument. 191 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR` From the Desk of Governor John Kitzhaber,M.D. WE CARE FOR OREGON'S CHILDREN JOIN US IN SUPPORTING MEASURE 44 Dear Oregon Voter: As pediatric health professionals, we've devoted our careers to I urge you to join me in voting YES on Measure 44, the Act to improving the health and welfare of children. While we spend Support the Oregon Health Plan. By voting in favor of Measure much of our lives treating diseases, we vastly prefer preventing 44, you will continue providing thousands of Oregonians with these diseases, by helping parents keep their children safe and quality, affordable health care. You will also make it possible to healthy.That's why Ballot measure 44 matters to us. provide health care to thousands of working Oregonians who can not now afford it. Measure 44 will advance three important goals that pediatric health professionals strongly support: Seniors, children and parents are depending on the passage of Measure 44 to continue and strengthen the Oregon Health Plan. 'It will sponsor health education programs for children and teens As a physician, I care deeply about the health of Oregonians.As to help them choose healthy behaviors and life styles. state senate president in 1989, 1 helped craft the Oregon Health Plan. The Plan now provides coverage for more than 115,000 *It will expand health coverage for low-income Oregonians Oregonians. It's an integral part of our ability to move people through extension of the Oregon Health Plan. Over 100,000 off welfare. And it reduces the shift of health care costs to Oregon children lack access to the care they need to lead businesses. healthy lives. The Oregon Health Plan serves as a model for the rest of the 'It has been shown that increasing the costs of cigarettes nation because it has successfully reduced health care costs for decreases the buying of tobacco by youth. Higher tobacco taxes all Oregonians and saved lives. Measure 44 increases the ciga- will help decrease those figures that tell us that each day 3,000 rette tax and dedicates 90% of the revenue to maintaining and American kids will start smoking. This change will result in a strengthening the Oregon Health Plan. The remainder will be decrease in the high costs to our society of the tobacco-related dedicated to tobacco education and prevention, especially diseases that kill 6,500 every year in Oregon alone. among our children. During the weeks before election day,tobacco companies will try HELP KEEP OREGON'S CHILDREN HEALTHY--SAY YES TO BALLOT MEASURE 44 to confuse you by spending millions of dollars on slick advertis- ing. Don't be fooled. The truth is Oregonians directly benefit by the passage of Measure 44. Supported by smokers and non- Members of the Kaiser Permanente Department of Pediatrics: smokers alike, Measure 44 increases access to the Oregon Health Plan and prevents children from smoking. Virginia Feldman MD Beryl Burns MD Oregon has long led the nation in finding innovative solutions to Richard Cohen MD complex problems.The fate of thousands of Oregonians without Eric Cullander PA health care coverage will be decided on election day. Support Paul Droukas MD the Oregon Health Plan.Help prevent children from smoking. Marianne Dwyer MD Brooke Gass MD Ellen Hall MD Protect the health of Oregon. Please join me in voting YES on Debra Helms MD Measure 44. Rasjad Lints MD William Morris MD Sincerely, Frank Pacosa PA John Pearson MD John A.Kitzhaber,M.D. Robert Peterson MD Betty Reiss MD Jacob Reiss MD David E.Schmidt MD David Tilford MD (This information furnished by Governor John A.Kitzhaber,M.D.) Catherine Thompson MD Lynn Towers PNP (This information furnished by Virginia Feldman,M.D.,Kaiser Permanente Department of Pediatrics.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 192 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure N 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Simply Put,Measure 44 Will Save Lives And Help Kids VOTE YES on MEASURE 44 Helping Oregon Families Children are our most precious resource.That is why the Oregon Association for the Advancement of Health Education (OAAHE) 130,000 Oregonians must rely on the Oregon Health Plan for and the Oregon School Health Education Coalition (OrSHEC) health insurance coverage.Without this assistance,hard choices support Measure 44. Measure 44 raises the tobacco tax and become impossible--and tragic-- realities.The Measure would directs that the new revenue be spent 90%on the Oregon Health dedicate 90%of the proceeds to the Oregon Health Plan.Simply Plan and 10%on tobacco prevention programs. put, this measure will help assure access to our State's innova- tive Oregon Health Plan and help families. The Oregon Association for the Advancement of Health Education and the Oregon School Health Education Helping Kids Coalition know that measure 44 is one of the most powerful actions that Oregonians can take to protect children from a lifetime of addiction to tobacco and early death. Ask a smoker when they started smoking, and the chances are the answer will be, "When I was (pick any age 18 or younger)." • Every day in America, 3,000 children start to smoke and over The Measure dedicates 10% of the proceeds to reducing tobacco use,especially among children.Simply put,the Measure 1,000 adults die prematurely from smoking related diseases can help kids live healthier,longer and more productive lives. • The tobacco industry continues to hook our children by target- Why We Support The Measure ing kids with advertising and gimmicks 400,000 Oregonians -- including more than 100,000 children • American teenagers spend about 962 million dollars every remain without health insurance coverage. This Measure would year on cigarettes help to remedy this problem. • Tobacco,when used by children and teenagers,is considered Cigarette smoking and tobacco use are leading causes of a gateway drug which often leads youth down a devastating cancer, heart disease, lung disease and other serious illnesses. path toward the use of illegal drugs Every Oregonian helps to pay to treat these preventable illnesses through insurance premiums. According to the Oregon • The greatest increase in tobacco use occurs between 7th and Health Division, tobacco use cost Gregonians $266 million. 9th grade Residents of Multnomah County paid more than $59 million in direct costs, residents of Washington County paid$20.5 million, No wonder the tobacco industry doesn't like measure 44. If and in Clackamas County, the cost was $20.6 million. Simply Measure 44 passes, the tobacco industry will lose. But if put,the Measure helps prevent tragedy and promotes access to Measure 44 passes,Oregon children and adults will win. necessary health insurance coverage for Oregonians. DON'T BE FOOLED BY THE TOBACCO INDUSTRY Who Doesn't Share Our Concern VOTE YES on MEASURE 441 The tobacco lobby. Those companies interested in preserving Submitted by The Oregon School Health Education Coalition tobacco profits and increasing the sale of tobacco products. and Those who have 5 - 6 million dollars to spend on things other The Oregon Association for the Advancement than assuring a healthy community--the tobacco industry. of Health Education Simply Put,We Urge You To Vote Yes On Measure 44 (This information furnished by Cathy H. Rowland, President, Oregon School Health Education Coalition.) (This information furnished by Ernest P. Aebi, M.D., President, Medical Society of Metropolitan Portland.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument, 193 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN FAVOR The people who sell tobacco products like to talk about free WHO DO YOU TRUST? j choice.The sad truth is that nicotine,a component of all tobacco products, is a powerfully addictive drug. More than 90 percent of VOTE YES ON MEASURE 44! adult smokers become addicted as teenagers,then find it difficult or impossible to quit. In the grip of this addiction,they continue to PROTECT THE HEALTH OF OREGONIANS! smoke as their health deteriorates. Research shows that more than 80 percent of adult smokers regret starting and express an interest in quitting if an effective method were available.Tobacco Adventist Medical Center is a very difficult addiction to treat. Alcohol and Drug Abuse Program Director's Association Research also shows that increasing the tax on cigarettes of Oregon decreases youth smoking. This happened in Canada when the tobacco tax was increased there a few years ago, and has also American Association of Retired Persons happened elsewhere. When fewer young people start smoking, American Massage Therapy Association,Oregon Chapter fewer become addicted and we make progress against the pre- American Cancer Society,Oregon Division,Inc. ventable cause of early death,disease,disability, and high med- ical a of OB/GYN American College costs. 9 Tobacco, as the number one cause of preventable disease in American Heart Association,Oregon Affiliate Inc. our society, increases health care costs for everyone. We see American Lung Association of Oregon the devastating consequences of tobacco use in our clinics and hospitals every day. To put it simply, tobacco raises your health American Medical Response care costs and causes a great deal of illness and misery. Bay Cities Ambulance Tobacco taxes in the United States are the lowest in the devel- Benton County Medical Association oped world, and they do not begin to cover the burden that tobacco imposes on our society. For example, Oregon spent Blue Cross and Blue Shield of Oregon more than $250 million in 1993 to diagnose and treat pre- Central Oregon Medical Society ventable tobacco-related diseases. Children First for Oregon As a health care organization, we are vitally concerned about the health of our members and the health of the community in Clackamas County Medical Society general. Measure 44 will help the community by decreasing Clatsop County Medical Society youth smoking and by increasing the availability of health care to Columbia County Medical Society the medically underserved. Coumbia Headache Clinic Columbia Memorial Hospital Curry County Medical Society (This information furnished by Mary L.Durham,Ph.D.,Kaiser Permanente Douglas County Medical Society Center for Health Research.) Ecumenical Ministries of Oregon HMO Oregon Harvard Medical Park Ltd. Hood River Memorial Hospital Human Services Coalition of Oregon Hunger Relief Task Force Kaiser Permanents,Northwest Region Klamath County Medical Society Lane County Medical Society Legacy Health System Madras Medical Group McKenzie-Willamette Hospital McKenzie Women's Group,P.C. Medical Society of Metropolitan Portland JOIN US IN VOTING YES ON MEASURE 441 (This information furnished by G• Scott R. Gallant, Committee to Support the Oregon Health Plan.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant men t by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the ar ument. 194 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION VOTE YES ON MEASURE 44! I'm asking you to join me in voting no on Measure 44.This mea- sure would increase cigarette taxes by 78 percent and the tax SAVE KIDS'LIVES! rate on other tobacco products, such as cigars and pipe tobacco HELP PREVENT CHILDREN FROM SMOKING! by 85 percent!These tax increases are excessive. CONTINUE AND STRENGTHEN THE OREGON HEALTH PLAN! While I no longer serve as your Governor, I feel compelled to Merle West Medical Center explain why I am opposed to this measure and why I believe you should also be concerned. Mercy HealthCare Inc. Metro West Ambulance First,the measure radically changes how tobacco taxes are dis- Mid Columbia Medical Center tributed. Under the proposed distribution method, tax revenues Northeast Oregon Independent Practice Association traditionally dedicated to cities, counties and transportation 9 P needs for the elderly and disabled would decrease. Northwest Gastroenterology Clinic Oregon Academy of Ophthalmology Second,proponents hope to generate additional tax revenues for Oregon Academy of Otolaryngology the Oregon Health Plan. The goal may be appropriate, but means to attain this goal are extremely flawed. Current policies Oregon Allergy Society of the Health Plan have resulted in a 47 percent increase in fees Oregon Ambulance Association paid to participating doctors and hospitals. This increase has Oregon Association of Hospitals&Health Systems amounted to$55 million per year in additional costs.These dol- lars could have been better used to provide needed health cov- Oregon Dermatology Society erage to at least 95,000 more Oregonians. Additionally, other Oregon Fair Share policies prohibit the contracted fees paid to doctors and hospitals Oregon Health Action Campaign from being reduced. Oregon Medical Association Third, while Measure 44 dedicates a portion of tobacco tax rev- Oregon Medical Association Alliance enue to the Health Plan, adequate safeguards are not included Oregon Pediatric Society in the measure. The legislature could easily use the additional Oregon Physical Therapists in Independent Practice tax revenues for the health plan and reduce its traditional funding Oregon Primary Care Association levels by an equal amount. Oregon Psychiatric Association Above all, enough is enough! It is unfair to single out one group Oregon Public Health Association of Oregonians to pay higher taxes for a program which is every- Oregon Rural Health Association one's responsibility. Oregon Society of Addiction Medicine Measure 44 is misguided and, moreover, represents poor public Oregon Thoracic Society policy.I strongly urge you to reject this measure. PeaceHealth Planned Parenthood Affiliates of Oregon Please join me in voting no on Measure 44. Project Equality Providence Health System Radiation Therapy Consultants (This information furnished by Victor Atiyeh.) Roseburg Clinic,PC Southern Curry EMS The Arc of Oregon Tuality Healthcare United Cerebral Palsy of Oregon W.E.S.T.Ambulance WomanCare Center Woodburn Ambulance Service Yamhill County Medical Association VOTE YES ON 44!!! (This information furnished by E.E. Patterson, Committee to Support the Oregon Health Plan.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 195 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Most Oregonians believe that the Oregon Health Plan provides It's Irresponsible Spendingl I health care for all low-income individuals who can not afford insurance. This is not true. I am without insurance today Since its inception two years ago I have watched as the Oregon because I make too much to qualify for the Oregon Health Plan, Health Plan has gotten deeper and deeper in debt through obvi- but not enough to pay insurance premiums on my own. ous financial mismanagement to the point where there is now an $18 million budget shortfall. I just found out that I, and 95,000 Oregonians could be cov- ered under the plan if the state had not just given doctors Like many Oregonians, I believe we should fund health care for and hospitals a 47%increase In their feesl low-income citizens who are without any health insurance cover- age. The Oregon Health Plan was designed to pay for health care for all Oregonians. it was not designed to fatten the wallets of doc- We could have funded this important program without increasing tors and hospitals. the cigarette tax by 78% if the Legislature had not voted to increase doctor and hospital fees by 47%or 255 million! Instead of extending the Oregon Health Plan to more Oregonians, the State of Oregon has chosen to pay even This is simply irresponsible spending. more to doctors and hospitals. I don't begrudge doctors and hospitals fees and compensation for their work, but not at the expense of 95,000 individuals who are not covered through I hope you will join me on November 5th in Voting No on the Oregon Health Plan because of this fee increase. Measure 44 and send a message to the Legislature that Oregonians should not reward fiscal mismanagement. Send the Legislature a Message. VOTE NO ON MEASURE 441 (This information furnished by Raymond G.Rees.) (This information furnished by Danielle Esman.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument., the accuracy or truth of any statement made in the argument. 196 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Measure 44 is bad for Oregon Business City,County,Elderly Programs Cut if Measure 44 Passes Measure 44 would increase Oregon's cigarette tax rate by 30 1 am 74 years old. Like many seniors,I rely on public services cents per pack which represents a 78 percent tax increase. The for my basic transportation needs such as going and coming measure would also increase the tax rate on "other tobacco from the doctor and the grocery store. products" such as cigars, pipe tobacco and smokeless tobacco by 85 percent. I believe most taxpayers would agree any tax Most people do not realize that if Ballot Measure 44 passes, increase of this magnitude is excessive and simply goes too far. the increase in tobacco taxes also redistributes existing cigarette taxes causing a reduction in monies to cities, counties and In light of these dramatic tax increases, individuals who choose elderly and disabled transportation programs. to purchase tobacco products will look elsewhere when making their purchases. Oregon retailers will undoubtedly face This proposed measure will raise $160 million every two years decreased sales and profits. for brand new and expanded programs. in addition to the cuts to city, county and elderly transportation programs, the State of People frequently purchase other products in conjunction with Oregon will have to cut $500 million from other existing their tobacco products. It has been estimated the average programs such as K-12,higher education,human resources Oregon convenience store stands to lose approximately$13,000 and corrections. annually in the sale of other products as a result of the tax increase. On average, it has been estimated that the normal The authors and proponents of Ballot Measure 44 would lead us Oregon convenience store will face an annual pfofit loss of to believe that it will not effect other vital programs. I, and thou- $9,200 because of the tax increase. According to 1995 industry sands of other Oregonians just like me, will be hurt if Measure research reports, the average convenience store made only 44 passes. $34,000.Thus,a$9,200 loss in gross profits would represent an estimated 27 percent decrease. This drastic change would be Help Protect Vital Senior and Disabled Transportation especially devastating to the independent, single-store small Programs by Voting NO on Measure 44. business owner. Additional estimates indicate approximately 2,100 Oregon jobs may be lost due to these enormous tax increases. (This information furnished by Marjorie V.Rees.) Aside from the impact on Oregon retailers, this type of tax increase represents little more than a product specific,sales tax. As a sales tax, like a gas tax or a beer tax, it unfairly singles out one group of Oregonians.It simply is not right! When reviewing Measure 44, please put emotion aside.Join me and countless other small business owners throughout the state in VOTING NO on Measure 44. Chris Girard,President&CEO Plaid Pantries,Inc.,Portland,Oregon (This information furnished by William C. (Chris) Girard, Jr., President/CEO,Plaid Pantries,Inc.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the ar ument. 197 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION IT'S JUST NOT FAIR! Ballot Measure 44 Is Irresponsible Policy! I am not a smoker and as a matter of fact, I find smoking off en- As a member of the Oregon Legislature and as a past member sive. But Ballot Measure 44 is not about smokers' rights. It's of the Ways & Means Committee, I encourage you to take a about singling out one group of individuals and taxing them careful look at Measure 44 and oppose this proposal. I believe for a program which is everyone's responsibility. Measure 44 represents irresponsible fiscal policy for our state. r Funding for health care is important,but it is not fair that only The reason Ballot Measure 44 is bad policy is simple. The pro- 20% of Oregonians, smokers or non-smokers, should be posed increase in tobacco taxes seeks to balance the needs of a singled out to pay for a program which is everybody's responsi- new and costly program on the backs of a minority of bility. Oregonians. This is not sound fiscal policy, nor is it good tax policy. Like myself, most Oregonians do not smoke and may initially think this is an easy measure to support since someone else will The proponents of Measure 44 hope to increase tobacco tax pay this 78 percent tax increase. revenue to help pay the increasing costs of the Oregon Health Plan. During the past two years, the Oregon Health Plan has What group will be singled out next to pay for a program slipped deeper and deeper into debt.The Health Plan is current- which benefits everyone? ly facing an$18 million budget shortfall. I'M VOTING NO ON MEASURE 44 BECAUSE IT'S JUST Historically,it has been shown that tobacco taxes do not provide NOT FAIR! a stable funding base. Yet, the proponents of Measure 44 hope to solve the financial problems of the Health Plan by increasing cigarette taxes 78% and increasing the tax on other tobacco products(cigars,etc.)by 85%. (This information furnished by Lyn F.Penwell.) On the one hand, the State of Oregon is making every effort to discourage smoking among its citizens,while on the other hand, the State is ready to balance the future of the Oregon Health Plan on revenue derived from the continued, and even increas- ing sale of tobacco products. This is not only ironic,it is poor policy for Oregon's future. Join me in voting NO on Measure 44. Direct the proponents of the Oregon Health Plan to find a stable source of funding. State Senator,Lenn Hannon Senate President Pro Tempore (This information furnished by Sen.Lenn Hannon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 198 CONTINUED i Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 44 Measure No. 44 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Government Spending is Out Of Control As one of the 20%of Oregonians who smoke, I am tired of the government singling out smokers to pay for programs which The proponents of Measure 44 keep talking about cigarette should be everybody's responsibility. taxes paying for health care. But when you really look at all ciga- rette taxes, there is $137 million that do not go the Oregon Oregonians who smoke currently pay$178 million every two Health Plan. years in cigarette taxes. This proposed tax would add another $160 million in taxes for a total of $338 million. And, $137 The Legislature can spend this$137 million million of all cigarette taxes do not go to fund health care, any way it wants. but is spent on any government program the Legislature chooses. If we are going to raise cigarette and tobacco taxes, then that If Ballot Measure 44 passes,20 percent of Oregonians will be counties or transportation programs. money should directly to the Oregon Health Plan,not to cities, paying for a health care program which should be everyone's responsibility. Since there are no assurances that all of the tax increases Smokers are just average working people. will go directly to the Oregon Health Plan-- I'm voting No on Measure 44. We can not afford another tax increase VOTE NO ON BALLOT MEASURE 44! (This information furnished by Katherine A.Cathersal.) (This information furnished by Mark Holan.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 199 f Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 45 Measure No. 45 Proposed by initiative petition to be voted on at the General EXPLANATORY STATEMENT Election,November 5, 1996. The measure would change the method for setting retirement BALLOT TITLE ages, retirement medical benefits and maximum pensions of public employees from a legislative process to a constitutional limitation which can only be changed by another constitutional l � 3 amendment. gy (1)The.measure raises public employee retirement age for full a$� benefits to social security retirement age for all but police and firefighters. By comparison the Public Employees Retirement -` System provides for retirement after 30 years of service or at age 58 with fewer years of service and benefits reduced accordingly. �, k = The current Federal Social Security retirement age is 65 and is scheduled to rise to 67 over a 24 year period beginning in 1999. � W f`xd0" Retirement benefits paid before the new retirement age must be actuarially reduced. . �� (2) The measure prohibits guaranteed interest rates for public 0 employees under defined contribution investment retirement x � • options. The measure prohibits guaranteeing defined retirement benefits of more than 75% of employees final salary. It elimi- nates medical and hospital retirement benefits except for a dis- ability retirement. .� q � .g (3) The measure would not affect benefits vested or accrued before the effective date of the constitutional amendment. TA Committee Members: Appointed by: �. Ruth Bendl Chief Petitioners Richard Leonetti Chief Petitioners � ) t► �E � Paul Krissel Secretary of State Chuck Mendenhall" Secretary of State - Y" Sally Landauer— Secretary of State M PROPOSED CONSTITUTIONAL AMENDMENT 'Member dissents(does not concur with explanatory statement) Be It Enacted by the People of the State of Oregon: **5th member appointed by Secretary of State because committee The Oregon Constitution is amended by adding the following members could not agree on selection. section to Article IX: Public Employee Retirement. Any system or plan which pro- vides pension or retirement benefits for employees of the State (This committee was appointed to provide an impartial explanation of the of Oregon or of any political subdivision thereof shall comply with ballot measure pursuant to ORS 251.215.) the following limitations: (1)The normal retirement age for any person other than a police officer or fire fighter(but including judges and teachers) shall be not less than the"retirement age" defined by the federal Social Security Act[42 U.S.C..416(1)(1)].This subsection does not pro- hibit public employers from allowing employees to retire before reaching the normal retirement age so long as the benefits paid to such persons are reduced to the actuarial equivalent of the benefits payable at the normal retirement age. (2) Employees shall not be guaranteed a level of pension or retirement benefits that exceeds 75% of their final salary, nor shall employees be guaranteed a minimum rate of interest on their retirement accounts. Medical or hospitalization benefits or insurance shall not be provided except that employers may agree to provide such to persons retired by reason of disability. (3)This section shall not affect benefits vested or accrued before its effective date. (4) This section shall supersede any other provision of the Oregon Constitution with which it conflicts. If any subsection, clause or part of this section is held invalid under the United States Constitution as to any person or circumstance by any court of competent jurisdiction,the remaining subsections,claus- es and parts shall not be affected and shall remain in full force and effect. 200 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 45 Measure No. 45 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote "YES" for Measure#451 It aims to put public employees STOP THE GRAVY TRAIN! on an equal footing with taxpayers for collecting on pensions. PUBLIC EMPLOYEES RETIRING AS YOUNG AS 581 This would gradually remedy the unfairness for taxpayers who don't have a pension plan themselves, but pay for extra The average public employee retiring in 1995 after 30 years gets privileges for public employees. the following: Taxpayers are weary of picking up the tab allowing a host of 1. $2705 pension per month FOR LIFE PLUS Social Security government bureaucrats and maintenance workers to retire when it kicks in. before age 65! Public employees often retire as much as twelve ears 2. Automatic cost-of-living increase goes on FOR LIFE and Y MAY cover the spouse as well. before many equally hardworking private sector employees! This has further burdened taxpayers with the extra cost of public employees medical coverage until these younger retirees qualify 3. Medical and dental paid (top notch,of course) until Medicare for Social Security and Medicare. takes over. Reflect too, on this scenario:When a government worker retires COMPARE THEIR RETIREMENT BENEFITS WITH YOURS! before age 65, they'll STOP PAYING EVER RISING SOCIAL SECURITY AND MEDICARE PAYROLL TAXES!Yet now when Furthermore, these people retire SO YOUNG they go out and they turn 65 they will, in all probability, collect social security-a get another job, competing with you in the JOB market, the fund claimed to be scheduled for bankruptcy. HOUSING market,and at the GROCERY STORE! Here's how Measure#45 levels the playing field: Police and fire are exempt.They are sacred cows. 1. It ONLY extends its provisions to public employees that are This measure applies ONLY to public employees with LESS not yet vested,a status acquired after five or more years employ- THAN 5 YEARS on the public payroll. Unfortunately, we can't ment.It totally exempts police and firefighters. change what was agreed upon by government IN THE PAST. 2. Retirement benefits are made available only when retirees WHY SHOULD PUBLIC EMPLOYEES GET A MUCH BETTER are eligible for Medicare, thus eliminating the need for interim DEAL THAN THE REST OF US WHO HAVE TO PAY FOR IT? medical coverage at taxpayer expense! A YES vote will save money for you and your kids! 3. We, the taxpayers, would only guarantee a public employee pension that is no more than 75%of a working salary. 4. Protects Oregon taxpayers and homeowners from paying (This information furnished by Loren Parks.) additional exorbitant taxes in the event the pension fund goes bankrupt. Voters can expect to hear the usual rhetoric and horror stories from those wanting to defeat this measure. The Good Enough For Us Committee urges voters to ignore these scare tactics. Measure#45 saves you money!Vote"YES"for Measure#45! (This information furnished by Ruth F. Bendl, Chief Petitioner, Good Enough For Us Committee.) • t� (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 201 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 45 Measure No. 45 ARGUMENT [N OPPOSITION ARGUMENT IN OPPOSITION , STAY OUT OF COURT No More Divisive Ballot Measures.No on Measure 45 Save Taxpayer Money-Vote NO on 45 From the Desk of Governor John Kitzhaber,M.D. Earlier this year,the Oregon Supreme Court found that a 1994 Dear Oregon Voter: ballot measure dealing with pensions was unconstitutional. The measure interfered with bargaining agreements between public We're all Oregonians. employees and government agencies. We all work hard to make a living. We all want good medical The Supreme Court found that state policy cannot overturn care for ourselves and our families. We all want decent wages commitments made in collective bargaining. and decent jobs.And many of us are uncertain about the future. Measure 45 deals with a similar issue and it's unconstitutional. But let's stop singling out public employees. They work hard,too. The same group of citizens is back,asking voters to break con- tracts and commitments to thousands of workers, retirees and Ballot Measure 45: their families. • Would prevent workers from retiring with full pensions at the It wasn't constitutional before and it will not be constitutional age stated in the contracts—even if they had worked for 30 now. years. We'll waste taxpayers dollars in court. • Would prevent them from buying into their existing insurance .programs—something other employees with benefits can do When Oregonians passed Measure 8 in 1994, many voters when they retire. were deliberately misled. • Would cancel the working agreements of current employees, This time,we know better. no matter how long they have been employed. If this measure passes,the state will wind up paying millions of • Would punish employees who get most of their benefits from dollars in court costs and legal fees. wise investments,not tax dollars. Stay out of court.Vote NO on Measure 45. Oregon faces many challenges in the coming year: improving our roads, our schools and our environment. Let's focus our energy on solving those problems instead of this type of divisive ballot measure. (This information furnished by Jess Dressler,Association of Engineering Employees.) It's unfair.It's unnecessary.VOTE NO ON MEASURE 45. Sincerely, John A.Kitzhaber,M.D. (This information furnished by Governor John A.Kitzhaber,M.D.) • (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. �theaccuracy or truth of any statement made in the argument. 202 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 45 Measure No. 45 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION LEAVE ESTABLISHED CONTRACTS ALONE STOP THE ATTACK ON RETIREES' HEALTH CARE OPTIONS DON'T VOTE FOR BALLOT MEASURE 45 VOTE NO ON MEASURE 45 Years of statutes, case laws and regulations adequately govern If Measure 45 passes,some retirees will not be able to continue collective bargaining and labor management issues. Last purchasing health care from their current providers. session alone, the Legislature raised the retirement age to 60 and capped benefits. Measure 45 would make it harder for some older people to find medical coverage–and breaks a promise they were made to be Oregon's governments entrust bargaining to skilled, professional able to continue their health care coverage. negotiators who know every detail of labor law. They also are committed to saving taxpayer dollars and preserving a strong Why Deny People the Right to Buy Health Insurance? workforce. Today, retired public employees pay virtually all their own health IT'S TOO CONFUSING insurance premiums. Measure 45 tries to do too many things affecting contracts all at Measure 45 means that on retirement, many deserving once. And because it tries to do too much, the language is Oregonians would have to find new health care policies. And at unclear. For example, Measure 45 may actually affect people age 65, that could be difficult — especially if people have already in the system. It is breaking a promise to tell someone conditions that insurers don't want to cover. months before they are scheduled to retire that they have to stay at work several more years to get their benefits. It Could Increase All Our Costs PROTECT OREGON'S RETIREES FROM An influx of seniors without health care could mean: BROKEN PROMISES • More strain on the Oregon Health Plan • Initiatives are no place for collective bargaining agreements. • Higher insurance costs for all of us to make up for emergency • Collective bargaining is complicated and needs to be a negoti- and uncompensated hospital stays. ated process. Health insurance affects us all.Don't limit seniors'ability to • Oregon's retirement system is elaborate and has evolved over buy health care coverage. many years of debate,negotiation and compromise. VOTE NO ON MEASURE 45! Keep issues like compensation,retirement and health insurance out of the Constitution. VOTE NO ON BALLOT MEASURE 45 (This information furnished by James A. Davis, Legislative Director, Oregon State Council of Senior Citizens.) (This information furnished by Thomas P.Deering,Oregon State Treasury Retirement Task Force.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 203 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 45 Measure No. 45 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION NOT IN OUR CONSTITUTION! WHAT IF YOU HAD TO FIND A NEW HEALTH CARE PLAN AT AGE 65? NO on Measure 45—Keep administrative details out of the Constitution! Vote no on 45—it's a really bad idea. When Oregon was founded, far-sighted statesmen crafted a Many employees with health care benefits keep their coverage visionary document that became the Oregon Constitution. after they retire by paying almost all their insurance premiums. This way, people can continue a health care plan and keep see- The document dealt with broad-reaching issues: citizens rights; ing their regular doctors—at a time in their life that they most the descriptions of elective offices; the balance of governmental likely will need medical care. powers. Ballot Measure 45 would force some retirees to give up their cur- The Oregon Constitution was never meant to list details of rent health care plans.They would not be allowed to keep that government administration. It certainly is not a vehicle to dictate coverage,even by paying for their own premiums as they do labor/management issues. now!That's an unfair,broken promise. Constitutions establish the essential framework Measure 45 interferes with seniors'rights to choose their of government. own health care coverage. Our Constitution was not meant to dictate bureaucratic details. Measure 45 makes people switch health care at a time when they are most vulnerable. We must value Oregon's Constitution and preserve it as the valuable document it is. Adding administrative details is ' Older Oregonians will have trouble getting coverage from new disrespectful to the Constitution and diminishes its value. insurers,particularly if they have common health problems like back complaints,diabetes or high blood pressure. Respect the Oregon Constitution. Vote No on Ballot Measure 45. • Retirees will have to pay more than they would otherwise pay for their insurance,causing some to do without. • Uninsured seniors may wait longer to see a doctor and be (This information furnished by Ellen C.Lowe,Human Services Coalition of sicker by the time they do receive health care. They may be Oregon.) unable to purchase life-saving medication and other critical care. Measure 45 unfairly breaks promises to older Oregonians at the time of retirement. VOTE NO ON MEASURE 45. (Thin information furnished by Ralph O.Lidman.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, not does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 204 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure N 45 Measure No. 45 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION The Former Deans Committee TEACHER PENSIONS IN THE OREGON CONSTITUTION? Vote NO on Measure 45 We believe Measure 45 raises serious issues under the United Oregon's Constitution is no place for a ballot measure about States Constitution. This measure attempts to limit and change school employee pensions. This measure just goes too far. the contractual relationships between the State of Oregon and its Making it a part of Oregon's Constitution is only part of the employees under the Public Employees Retirement System problem. (PERS). HOW WOULD YOU LIKE TO BE TOLD Measure 45 raises the same legal issues presented by JUST AS YOU'RE ABOUT TO RETIRE Measure 8 (November 1994 General Election). Measure 8 was THAT YOU CAN'T FOR A FEW MORE YEARS? held unconstitutional by the Oregon Supreme Court in Oregon Vote NO on Measure 45 State Police Officers Association v. State of Oregon decided That's one of the consequences of Measure 45.The language is June 21, 1996. The Oregon Supreme Court held Measure 8 so unclear that employees who may have been working for some impaired the rights of persons to contract in violation of Article 1, 30 years in the same job,don't know whether they can retire this Section 10 of the United States Constitution. The Oregon year as they had planned or not.That's not right. Employees are Supreme Court held Measure 8 to be unconstitutional both hired with a certain understanding of the rules. Now, along retrospectively and prospectively. comes Measure 45 which has the potential to change whether or not someone can retire now or in five years. Measure 45 is not intended to "affect benefits vested or THIS MEASURE DOES NOT RESOLVE accrued before its effective date." It is unclear whether Measure OREGON'S FUNDING PROBLEMS 45 deals with current PERS retirees, current state/local govern ment employees,future state/local government employees or all Vote NO on Measure 45 of these groups. It's just another attempt to rob school and other public employees of their pensions. We need to work to bring people We believe Measure 45 raises serious issues of unconstitution- together,not tear them apart. ality under the provisions of the United States Constitution. PENSION,HEALTH INSURANCE AND SALARY ISSUES DON'T BELONG IN THE CONSTITUTION Measure 45 is vague and unpredictable. It provides that the Vote NO on Measure 45 "normal retirement age...shall not be less than the `retirement age' defined by the Federal Social Security Act [42 U.S.C. 416(1)(1)]" There is no standard by which to define "normal Bruce Adams,president retirement age". Furthermore, "retirement age" is defined by Oregon Education Association a specific federal statute. If the federal statute changes,then this proposed Constitutional Amendment would be questionable. Finally, we believe that legal rules affecting individual retire- (This information furnished by Bruce Adams, Oregon Education ment programs/benefits belong in laws, not in the Oregon Association.) Constitution. We provide this information to help fellow voters in understand- ing this measure. Our comments are designed g"l to provide objective and careful constitutional analysis of the measure. Collectively, we take no position on the other merits of this measure. Prof.Leroy Tornquist(Chair),Former Dean Willamette University College of Law Prof. Robert Misner, Former Dean Willamette University College of Law (This information furnished by Bob Cannon, The Former Deans Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 205 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 46 Measure No. 46 Proposed by initiative petition to be voted on at the General The tax base of each taxing unit in a given year shall be one of Election,November 5, 1996. the following: (a) The amount obtained by adding six percent to the total amount of tax lawfully levied by the taxing unit, exclusive of BALLOT TITLE amounts described in paragraphs(a)and(b)of subsection(3)of this section, in any one of the last three years in which such a tax was levied by the unit;or (b)An amount approved as a new tax base BY A MAJORITY OF THE LEGAL VOTERS OF THE TAXING UNIT. The question shall be submitted to them in a form specifying in dollars and GLfSTlbt+f4 dal DTTSttftifarz r [u# et}1t # oe rst8 cents the amount of the tax base in effect and the amount of the vc firl t l to d $6r1 #kt ot� � ttn; tax base submitted for approval.The new tax base, if approved, taxes � .° shall first apply to the levy for the fiscal year next following its approval. 31Jftt11F1kAY ftowa�$g� {,'0 haw,Oft <' 5.Article XI,section 11(3),is amended to read: o increases tax of rst r y tt y A of 1 The limitation provided in subsection (1) of this section shall not Ttatts rr�eaetara�I t amen � qs t#tiitf rl ltd yaf , apply to: vpa *�� �` � tatd (a) That portion of any tax levied which is for the payment of '* r ' � �' �' bonded indebtedness or interest thereon. I ttr new X,b� v- 0_a td ettdaecf a fed f it d (b) That portion of any tax levied which is specifically voted out- � � cp� ee side the limitation imposed by subsection(1)of this section BY A MAJORITY OF THE LEGAL VOTERS OF THE TAXING UNIT. OF��;� ftAf'��.No � ���p�� 6.Article XI,section 11 b(3),is amended to read: € �f �a8€tt3rf ttz t?1ttt� The limitations of subsection (1)of this section apply to all taxes imposed on property or property ownership except (a) Taxes imposed to pay the principal and interest on bonded PROPOSED CONSTITUTIONAL AMENDMENT indebtedness authorized by a specific provision of this Be It Enacted by the People of the State of Oregon: Constitution. The Oregon Constitution is amended in the manner specified (b) Taxes imposed to pay the principal and interest on bonded below to ensure THAT NO TAX OR TAX INCREASE IS indebtedness incurred or to be incurred for capital construction IMPOSED UNLESS APPROVED BY A MAJORITY OF AFFECTED or improvements, provided the bonds are offered as general ELECTORS. Accordingly ARTICLES I THROUGH XI will BE obligations the the issuing governmental unit and provided further AMENDED TO READ AS FOLLOWS: that either the bonds were issued not later than November 6, 1990, or the question of the issuance of the specific bonds has 1.Article I,section 32,is amended to read: been approved BY A MAJORITY OF THE ELECTORS OF THE No tax or duty shall be imposed without the consent of the peo- ISSUING GOVERNMENTAL UNIT. ple or their representatives in the Legislative Assembly; and all 7. If any section,clause or part of,this act is held unconstitutional taxation shall be uniform on the same class of subjects within the as to any person or circumstance by any court of competent territorial limits of the authority levying the tax. No tax or tax jurisdiction, the remaining sections, clauses and parts shall not increase which is submitted to the people for a vote shall be be affected and shall remain in full force and effect. effective UNLESS APPROVED BY A MAJORITY OF ELEC- TORS. 2.Article IV,section 1(4)(d),is amended to read: Notwithstanding section 1,Article XVII of this constitution,an ini- tiative or referendum measure becomes effective 30 days after EXPLANATORY STATEMENT the day on which it is enacted or approved by a majority of the votes cast thereon, except that a measure which imposes or increases taxes or raises revenue MUST BE APPROVED BY A This measure would amend the state constitution. The law MAJORITY OF ELECTORS. A referendum ordered by petition now allows passage of a law that would impose or increase on a part of an Act does not delay the remainder of the Act from taxes or raise revenue by majority vote of those voting. This becoming effective. measure would bar voters from passing any such law unless a 3.Article IV,section 1(5),is amended to read: majority of the registered voters affected approve the law. The The initiative and referendum powers reserved to the people by new requirement also would apply to new tax bases, votes to subsections(2)and(3)of this section are further reserved to the exceed a tax base, and issuance of new bonds for capital con- qualified voters of each municipality and district as to all local, struction or improvements. special and municipal legislation of every character in or for their municipality or district. The manner of exercising those powers Committee Members: Appointed by: shall be provided by general laws, but cities may provide the Bernard Levine Chief Petitioners manner of exercising those powers as to their municipal legisla- Don McIntire Chief Petitioners tion. In a city, not more than 15 percent of the qualified voters Dave Moss Secretary of State may be required to propose legislation by the initiative, and not Alan Tressider Secretary of State more than 10 percent of the qualified voters may be required to Warren Thompson Members of the Committee order a referendum on legislation. A measure which imposes or increases taxes or raises revenue MUST BE APPROVED BY A MAJORITY OF ELECTORS. (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) 4.Article XI,section 11(2),is amended to read: 206 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 46 Measure No. 46 ARGUMENT IN FAVOR ARGUMENT IN FAVOR FROM AN ETHICAL NATION STOPS LOW-VOTER-TURNOUT ELECTIONS FROM RAISING COMES A PROSPEROUS SOCIETY TAXES (YES ON 46) THE POLITICIANS AND PUBLIC EMPLOYEE UNIONS ARE We do not live in a capitalist nation anymore. AGAINST THIS INITIATIVE. America has become a welfare state where the government sac- ARE THEY AFRAID OF DEMOCRACY? rifices individuals for a so-called "greater end" by taking money from them by force in the form of taxes.But since there is no end Now, as few as 17% of registered voters are imposing higher greater than the lives of individuals this scheme is outrageously taxes on you. unethical. That's ridiculous.This initiative requires more than half of regis- Because a human's primary tool of survival is his mind he must tered voters to vote FOR a tax increase before it can imposed. be free to use it and keep that which it creates. You can not remove the teeth of a lion and expect it to live, clip the wings of THIS PROTECTS YOUR POCKETBdOK! bird and expect it to fly or tax away the wealth a person creates and expect him or his society to thrive. Some years ago in Beaverton, a City tax increase was voted In a true free market or capitalist economy: down. It was resubmitted for a vote THE FRIDAY BEFORE THE FOURTH OF JULY WEEKEND!Turnout was extremely low and • People will free) trade with each other rather than lobbying for the city employees and their allies carried the election.This sort p y y g of thing happens all the time.We need more than half of REGIS- laws and taxes that sacrifice others to themselves. Trade rather TERED voters to approve of higher taxes and bond issues than force. (which are taxes). THAT'S FAIR, and it's financially best for the great majority of taxpayers for you to pass this initiative. • Government will have only one function-to protect the rights of individuals. Protecting rights rather than violating them. Vote YES--for your own good! Incredible prosperity will result: Productivity and wages will rise, suppliers will increase and (This information furnished by Vern White.) prices will fall, new drugs will be released and save lives, jobs will multiply, renters will become homeowners and employees will become business owners. People will live to their full poten- tial and achieve tremendous accomplishments. It's not an impos- sible dream. We just need to repeal laws that destroy freedom and end taxes that punish success.You can forge this new reality by striking down taxes with your vote and saying yes to Measure 46. Ayn Rand was the first philosopher to advocate capitalism for moral reasons. See her books: Capitalism: The Unknown Ideal, Atlas Shrugged, The Fountainhead. Also: Objectivism by Leonard Peikoff. More information, Coalition for Capitalism 503- 241-2231, Internet hftp://www.catalog.com/capital, e-mail: objec- tive)@aol.com. Visit our monthly meetings to learn more about free markets and objectivism. (This information furnished by Doug Clements,Coalition for Capitalism.) x (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 207 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 46 Measure No. 46 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION Last May they gave an election in Multnomah County, and THE UNIVERSITY OF OREGON almost nobody came.The actual turnout was less than one-third ALUMNI ASSOCIATION BOARD OF DIRECTORS of the electorate,but that small group had a big effect on taxpay- URGES NO ON BALLOT MEASURE 46 ers ... about a third of a billion dollars in new property taxes which even now are showing up on Portland area tax bills. Ballot Measure 46 would make it almost impossible to raise rev- Simple arithmetic reveals that only 18% of registered voters enue to meet the needs of state government and higher educa- stuck us with this huge debt! tion. The University of Oregon Alumni Association Board of Directors urges the citizens of Oregon to vote no on Ballot Portland is not unique; taxpayers around the state have had too Measure 46. many similar experiences. Measure 46 will safeguard against new taxes being created by small groups of voters. It prohibits Since Ballot Measure 5 passed in 1990, public higher education taxes from being imposed without the approval of a majority of in Oregon has lost more than $100 million in state funding. those registered to vote. This measure virtually guarantees that The state of Oregon ranks 50th in support of higher educa- most tax elections will occur when voter turnout is at its highest, tion--the citizens of Oregon cannot continue to fund at this i mostly November elections,. level and expect our young people and state to be competi- tive.A well educated workforce fuels our state's economy. Measure 46 will end the common practice of local govelmments scheduling tax measures for special elections when turnout is Tuition at our public colleges and universities has been forced low ... and the "tax spenders" count on motivated "tax- upward to compensate for the loss in state revenue. Many of our increasers"to prevail. brightest students leave this state and pursue higher education in other states where higher education is generally more publicly Measure 46 will not stop voter approved tax increases,but it will supported.Once gone,these children of Oregon generally do not insure that these kinds of decisions will be made by the true return.Oregon loses its most valuable resource:bright,energetic majority of voters,not the small minority. young minds. Here are some examples of tax measures which voters For those who stay, the amount of borrowed via student approved, and which would have still been approved had loans has reached staggering proportions.Today's graduates Measure 46 been in effect: cannot simply work their way through school. On average they graduate with$17,500 in debt. West Side Light Rail Bonds(November, 1990) Voter turnout:76.9% Meanwhile,the number of Oregon high school graduates and Yes vote:73%,which equals 54.5%of those the growing demand for well educated workers in the registered Oregon economy require greater access to quality public higher education in this state--not less. We need these young Sauvies Island Fire Station Bonds(March, 1996) people if we are to remain competitive. Voter turnout:71.8% Yes vote:88%,which equals 62.8%of those VOTE NO ON BALLOT MEASURE 46. registered The University of Oregon Alumni Association is an organization Measure 46 is good policy. It finally gives taxpayers a margin of representing UO alumni who have a deep concern about the protection from unnecessary tax increases imposed by a highly future of the University of Oregon and a desire to participate in motivated minority of voters. However, if there is a compelling the process of developing a solid policy and financial foundation reason for a new tax,then voters can turn out in numbers neces- for the future of public higher education in Oregon. sary to give government what it needs. Vote YES on Measure 46. (This information furnished by Richard W. McDuffie, '63 MD '67, President,The University of Oregon Alumni Association.) (This information furnished by Don McIntire,True Majority Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 208 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 46 Measure No. 46 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION THE OREGON LIBRARY ASSOCIATION DO YOU WANT A NO-SHOW TO CANCEL YOUR VOTE? STRONGLY OPPOSES MEASURE 46 From the Desk of Governor John Kitzhaber,M.D. Public libraries in Oregon would be devastated if Measure 46 were to pass. A review of recent county-wide library serial levy Dear Oregon Voter: measures shows that it would be virtually impossible to pass such funding measures if a majority of registered voters had to approve. I believe that voting is both a right and a responsibility. If you're reading this,you probably do too.But if Ballot Measure 46 passes, a no-show, someone who doesn't even vote, could cancel your During the last two years, for example, library levies have been vote. That's outrageous. It's unfair, it's bad policy and it doesn't approved by voters in Multnomah, Washington, Josephine, make sense. Tillamook, Crook and Clackamas Counties. Most passed hand- somely,with the"yes"vote running as high as 72 per cent.But in no case did the winning vote exceed 50 per cent of the regis- I'm asking you to vote No on Measure 46. tered voters. With Measure 46, someone who doesn't vote will affect an The same situation would prevail in city or district elections. If election just as much as you will when you do vote. Measure 46 had been the law, for example, the 1994 Benton County district measure that passed by 59 per cent would have You are taking the time to read the Voters'Pamphlet. been badly defeated,since only 16 per cent of registered voters in Benton County voted for the measure. You are concerned about the future of your community. Library bond measures, which usually pass by smaller margins You will vote in November because you care. than levy measures, would also be nearly impossible to pass. School libraries would be hurt by the inability of local school dis- If Measure 46 passes,any registered voter who doesn't bother to tricts to pass bond measures for construction or for technology. vote would cancel out any"yes"vote you make on any revenue- raising measure.Whether it's'for police and fire protection,a new Oregon currently has some of the finest public library services in school building or better libraries, the no-show wins—and the the nation. In recent years,voters have nearly always given their community loses. support to improved library services. You have the right to make decisions about your community. But as surely as night follows the day, Measure 46 would lock Don't let people who don't even show up interfere with the vot- the doors of many Oregon public libraries within a matter of a ing process. few short years. That would clearly be the case in Multnomah, Washington and Clackamas Counties, where libraries rely to a large extent on operating levies--that Measure 46 would make That's just not the way democracy works. nearly impossible to pass. Democracy won't work if the people who don't care enough to And once locked in the Oregon Constitution, it would be very dif- pick up a pencil and fill out their ballots have veto power over ficult to repeal the measure and undo the damage. active voters. The Oregon Library Association urges a no vote on Measure 461 Oregon faces many challenges in the coming year: improving our roads, our schools and our environment. Let's focus our energy on solving those problems instead of this type of unfair ballot measure. (This information furnished by Edward House, Oregon Library Vote no on measure 46:it's just unfair. Association.) Sincerely, John A.Kitzhaber,M.D. (This information furnished by Governor John A.Kitzhaber,M.D.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. i 209 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 46 Measure No. 46 ARGUMENT IN OPPOSITION - ARGUMENT IN OPPOSITION VOTE NO ON MEASURE 46 HOW CAN I MAKE A DIFFERENCE IF VOTING DOESN'T MATTER? It's Misleading In Oregon, we all know we can make a difference by voting. When many people first read this ballot measure,they think that When we make our voices heard,by mail or at the ballot box,we it means"majority rules." know our vote makes a difference. But it really means a drastic change in our election process But what would happen if it didn't matter if you voted or not? -it's not just a majority of the voters, it's a majority of possible What if the people who chose not to vote had just as much influ- voters.So the people who don't take the trouble to vote have as ence as the people who take the time to fill out a ballot? much say as the people who do vote. I CARE ABOUT THE OUTCOME OF ELECTIONS It Violates the Basic Principle of Democracy Like you, I spend time thinking about elections, particularly the Under Measure 46, people won't event have to mark a ballot to local issues that affect my quality of life and my pocketbook. be counted as voting.This violates the basic principle of democ- Whenever a bond measure comes up, I weigh the costs against racy–that a majority of those who vote make the decisions. benefits. Sometimes the benefits win, sometimes I think the costs are too much. Measure 46 also counts anyone who doesn't vote as a"No"vote. Just because someone is unable to cast their vote–because of Whatever my decision, I also think about it carefully, and I a sick child or a crisis at work–we shouldn't make assumptions always vote. that they intended to vote"No." 1 certainly don't want someone who doesn't take the time to vote It Threatens Oregon's Finances to override my vote.That doesn't make any sense. Measure 46 virtually eliminates every community's ability to I VOTE BECAUSE I CARE.DON'T MAKE raise or levy any type of money— including much-needed MY VOTE MEANINGLESS. bonds to pay for schools,roads and public safety. VOTE NO ON MEASURE 46 Financial experts say the way they interpret Measure 46,taxpay- ers may be prohibited from paying off bonds they have already approved. Instead,the money would have to come from already strapped school,police or fire budgets.This represents a serious (This information furnished by Jacob Tanzer.) risk for Oregon's finances and our ability to borrow money in the bond market. Even if a bond measure passed, we might not be able to finance our projects at a reasonable cost. Ballot Measure 46 could mean financial disaster for local schools. Vote No on Measure 46! (This information furnished by Jim Hill,Oregon State Treasurer.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 210 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 46 Measure No. 46 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION KEEP YOUR COMMUNITY SAFE AND LIVABLE WE DON'T NEED MEASURE 46. VOTE NO ON 46. Local voters have local control over what gets funded and what doesn't.Their power lies in the ballot. What makes a community livable? Some elements are good schools,effective police and fire protection,modern libraries and Voters frequently decide that specific proposals are too costly or safe roads. unnecessary.They make their voices heard by voting"No." If Ballot Measure 46 passes, it will be virtually impossible to Every year, local communities tell their governments that they improve or maintain any of these services in our communities. don't want to pay for individual projects. The government 4 responds by cutting back their request or finding other ways to Measure 46 means no more money for jails,schools,or serve public needs. other essential services. DEMOCRACY WORKS.LEAVE IT ALONE. Since 1993, Oregonians have approved 179 bond measures. These have paid for jail cells, fire stations, major repairs to Majority rules.Some things pass,some things fail.An interested, school buildings,parks,libraries and road improvements. cautious voter decides on a case-by-case basis what to pay for and what not to. Measure 46 assumes that everyone who If Ballot Measure 46 had been in place only two of these mea- doesn't vote wants their vote counted as"No." sures would have passed. Violating the basic principle of democracy won't make better It's obvious. We can't hope to protect our homes, educate our decisions on what we fund and what we don't. children,drive on safe roads and visit parks and libraries without the ability to raise money as a community. Vote no on Measure 46 And don't forget to vote at every election. Keep your right to essential services and a safe,livable community. VOTE NO ON 461 (This information furnished by Ron Saxton.) (This information furnished by Michael A.Lewis.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 211 CONTINUED Official 1996 General Election Voters'Pamphlet-Statewide Measures Measure No. 46 Measure No. 46 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION The Former Deans Committee ONE VOTE DOESN'T COUNT IF A NON-VOTER CAN CANCEL IT We believe there are serious questions that Measure 46 is unconstitutional. Vote NO on Measure 46 This Measure provides that no tax or tax increase may be It just doesn't make sense. Measure 46 would dramatically imposed unless more than 50% of all registered voters vote in change Oregon's election laws, allowing passage of a measure favor of the new.or increased tax. This is not a proposal for a only if there-were a huge voter turnout. Essentially Measure 46 majority of the votes cast to be in favor of a new or increased says that registered voters who don't bother to vote will be count- tax. This Measure requires that 50% of WLthe registered votes ed as a"no" in the final tally. That's not democracy in action! It have to vote in favor of the new tax or increased tax. Failure or sounds more like a hidden agenda. inability to vote is in effect a no vote. ONE VOTE DOES MAKE A DIFFERENCE We believe this Measure would effectively deny the people and Let's Keep It That Way the Legislature the ability to raise funds for Education, Law Enforcement, Prisons, Health Care and other needs for the peo- ONE VOTE admitted Oregon into the Union in 1859. ple of the State of Oregon. We have a representational form of Government.The initiative ONE VOTE gave Oliver Cromwell control of England in 1645. process cannot change our form of Government.The people and the Legislature have a Constitutional duty to raise money to per- ONE VOTE caused Charles I to be executed in 1649. form those necessary functions. ONE VOTE kept Aaron Burr, later charged with treason, from This Measure would violate the one person one vote rule becoming President in 1800. established by the United States Supreme Court and interfere with the fundamental operations of Government guaranteed by ONE VOTE saved President Andrew Johnson from impeach- the United States Constitution. ment in 1868. We provide this information to help fellow voters in understand- ONE VOTE elected Rutherford B. Hayes to the Presidency.The ing this measure. Our comments are designed only to provide man in the electoral college who cast that vote was an Indiana objective and careful constitutional analysis of the measure. representative who was also elected by one vote in 1876.. Collectively,we take no position on the other merits of this mea- sure. ONE VOTE per precinct would have elected Richard Nixon rather than John F.Kennedy President in 1960. Prof.Leroy Tornquist(Chair),Former Dean Willamette University College of Law MAKE SURE YOUR VOTE CONTINUES TO COUNT Prof.Emeritus Chapin Clark Vote NO on 46 Former Dean University of Oregon School of Law President David Frohnmayer Bruce Adams,president University of Oregon Oregon Education Association Former Dean University of Oregon School of Law Prof.Maurice Holland,Former Dean (This information furnished by Bruce Adams, Oregon Education University of Oregon School of Law Association.) Prof.Robert Misner,Former Dean Willamette University College of Law (This information furnished by Bob Cannon, The Former Deans Committee.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 212 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 Proposed by initiative petition to be voted on at the General year 1997-98, excluding the portion of the tax that is levied to Election,November 5, 1996. pay bonded indebtedness or interest thereon, shall not exceed the lesser of the following: (i)the ad valorem property tax on the same property for the tax year ending June 30, 1996,reduced by BALLOT TITLE ten percent (10%), or (ii) the ad valorem property tax on the same property for the tax year ending June 30, 1995. (2)(a) For tax years following tax year 1997-98, except as pro- vided in subsections (3), (4), and (5) of this section, the ad val A � orem property tax on each property shall not exceed the tax for the previous year,plus three percent(3%). (b)The portion of the property tax that is levied on each prop- k� erty for the payment of bonded indebtedness or interest thereon IW t} T �� "€ is exempted from the three percent(3%) annual increase limita t� Sr(fCf—3®daf��ts tit tion set forth in(a)of this subsection. (3)(a)On and after the effective date of this section,there shall be no new or additional ad valorem property tax levies against E� ) *�t1 "tom"pro t�fie1l���€i�tt prVet�t, real property unless the question of the levy has been approved Sex, by not less than fifty percent (50%) of voters voting in a general election in an even numbered year,or other election in which not StO+f14RAY ` L � � �.', less than fifty percent (50%) of the registered voters eligible to to 1 � ffi vote on the question cast a ballot. wgh (b) Nothing in this subsection shall affect taxes levied for the repayment of bonded indebtedness approved by voters in an oB f(� �iE# ��f Ow' '6 t3�f t election held prior to the effective date of this Act, or the �sAli � ���� � �� MAY�e flePt�f�K a ti ���C36�oM'0�0: un,,�� issuance of refunding bonds to pay such bonded indebtedness. pptbe � tt f�f)fft or . This subsection shall not require voter approval for the issuance spreading o�� � f j istrtot t� of, or the levy of taxes to pay, bonds issued to refund bonds issued in conformance with this subsection. (c) For purposes of this Article, capital construction and improvements for which bonded indebtedness may be autho rized shall not include maintenance and repairs, the need for Jo which could reasonably be anticipated, supplies and equipment foavtt )��) �e lief, Iw which are not intrinsically part of the structure, but shall include 11 u�S atxi �0 1e public safety and law enforcement vehicles with a projected use- ",�� �� �E � ful life of not less than five years or the period established for iak*o_ to the 1 1 Traci I—, � "rise �" repayment of the bonds,whichever is greater. e7t8r1ip#f�t3ltt�it (c)The ballot title of a bond measure which is subject to this IM g $ section shall include a reasonably detailed, simple and under Difec#MOM*,i� 1=fk�fkf��X standable description as to the use of the proceeds and the fo r, �� �;�tt�(�� �' � approximate percentage each use is of the whole. 9 1tr�iEIGek� t3oe� (d)If an election is conducted by mail and includes a question, nr:�gshtf #tsrits; the approval of which would result in a new or additional ad val ootft took,, ��t �ittf 6 r to cla�tr l i �"�Wii orem property tax levy against real property, the front of the di3nt tea ll�� outer envelope mailed to electors shall be clearly and boldly printed in red with the following statement: CONTAINS VOTE (tboi rents l Att tYtFtMr ON PROPOSED TAX INCREASE. fEott in""Top, �fry ��M OJOW, #11et f1et. (e) When an election includes a question regarding a new or (3t1f f��l f additional ad valorem property tax levy, elections officers shall t4tNOlc f provide a timely notice of deadlines for the filing of voters pam phlet statements to each person who has requested in writing fyit� fie fit1 year, they receive such notices. anc t t0#0 (4)(a) In the event a property is improved during or after the offices; t� nRitt#tx{ ridtftr 1994-1995 tax year,the ad valorem property taxes on that prop- re of ti icy � � t��ci 1 fio of .—Art erty may be increased, by reason of such improvements, in Stirled a1a� ; excess of the three percent (3%) limitation of subsection (2) of this section, except that the tax shall not exceed the lesser of(i) the average ad valorem property taxes paid on similar properties PROPERTY TAX REDUCTION ACT similarly valued and located in the same taxing code area,or(ii) the ad valorem property taxes on the property without regard to the new or additional improvements, plus the ad valorem proper- BE IT ENACTED BY THE PEOPLE OF THE STATE OF ty taxes on the improvements at the same dollar to value ratio as OREGON: paid on the property without the improvements. Paragraph 1.The Constitution of the State of Oregon is amend- Once the new improvements are added to a property and the ed by creating new sections 11 g, 11 h, 11 i, and 1 ij to be added ad valorem property tax attributable to the new or additional to and made part of Article XI and to read: improvements is determined, the ad valorem property tax attrib- Section 11g. Notwithstanding Section 32, Article I, Section 1, utable to the improvements may be increased in subsequent tax Article IX, Section 11, Article 11, or any other provision of this years in the manner allowed under subsection(2)of this section. Constitution; For the purpose of this subsection, "improvements" mean new (1) Except as provided in subsections (3), (4), and (5) of this construction, reconstruction or major additions, remodeling, ren- section,the ad valorem property tax on each property for the tax ovation or rehabilitation of real property including siting, 213 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 installation or rehabilitation of manufactured structures, but shall to be wholly or partially paid for by a fee, assessment, or other not include minor construction or general, on-going maintenance charge except state income taxes,without prior voter approval. If and repair. such a shift, transference or conversion of a property tax to a (b) In the event a property is rezoned, resulting in a higher fee, assessment, or other charge except state income taxes, assessed valuation, ad valorem property taxes on that property occurred without voter approval after June 30, 1995 and prior to may be increased in excess of the limitation set forth in subsec- the effective date of this Act, for tax year 1997-98 and subse- tion (2)of this section, except the tax shall not exceed the aver- quent years,the ad valorem property tax on each such property, age ad valorem property taxes paid on similar properties similar- the owner or user of which continues to be subject to such a fee, ly valued and located in the same taxing code area, and the ad assessment,or other charge except state income taxes,shall be valorem property tax increase exceeding three percent(3%) per decreased by an additional amount equal to the portion of the annum shall not be in effect until the first tax year after the prop- fee, assessment, or other charge which was formerly paid erty is actually used in a manner or for a purpose consistent with through property taxes until such time as voters approve the fee, the new zoning unless the zone change was requested in writing assessment,or other charge. by the property owner(s). (b)The limitations of(a) of this subsection shall not apply to a If prior to the effective date of this Act the ad valorem property new or increased fee, assessment or other charge, the imposi- taxes on a property have been increased due to a zone change tion or enactment of which directly results in an equal or greater not requested by the owner of the property,and the property has offsetting reduction in property taxes levied in the same taxing not been used in a manner or for a purpose consistent with the district, providing that the reduction is in addition to the reduc- new zoning, and there has not been a transfer of ownership,the tions and limitations set forth elsewhere in this Act. property shall be reassessed for the tax year 1997-98 consistent Section 11 h. Whereas some property owners may prefer not with the zoning effective immediately prior to the unrequested to have their property taxes reduced by this Act, and voluntarily zone change or the actual use of the property,whichever results would provide support for public schools in excess of the limita- in the greater tax. Thereafter, the tax may be increased only tions of this Act; to facilitate their doing so, the state legislature within the limitations of this Act until there is a transfer of owner- shall adopt legislation to implement a mechanism whereby a ship or the property is used in a manner consistent with the new property owner may conveniently make an annual, voluntary zoning.Transfer of ownership by inheritance shall not be consid- contribution in conjunction with property tax payments, and des- ered transfer of ownership for purposes of this subsection. ignate the school or other public entity to which the additional (c) If a property is subdivided into two or more separate revenue shall be disbursed as a voluntary contribution. parcels, the tax on each newly created parcel shall not exceed Section 111.The Legislative Assembly may adopt and amend the average tax paid on property similarly valued to the newly legislation to implement the provisions of sections 11g and 11h created parcel and located in the same taxing code area. of this Article. (d) If there is a lot line adjustment between existing, adjacent Section 11'. SEVERABILITY of Sections 11g, 11 h, and 11i of properties that does not create a new lot of record, the tax on this Article. If any portion,clause or phrase of Sections 11 g, 11 h, each newly created parcel shall be adjusted according to any and 11 i of this Article is for any reason held to be invalid or increase or decrease in value, but the combined ad valorem unconstitutional by a court of competent jurisdiction, the remain- property tax on the properties shall not be increased more than ing portions,clauses and phrases shall not be affected but shall is permitted under subsection (2) of this section for the tax year remain in full force and effect. in which the lot line adjustment is taken into account.. (e)If a property is placed in a different taxing code area,the ad valorem property tax on that property may increased in excess of the limitation set forth in subsection (2)of this section if: (A)The taxing district annexation that resulted in the property being placed in the different taxing code area was approved by a majority of voters casting a ballot in a general election in an even numbered year or other election in which not less than fifty per- cent(50%)of the registered voters eligible to vote in the election cast a ballot,and (B) the increased tax on the property does not exceed the average ad valorem property tax paid on similar property similar- ly valued in the same taxing code area. (5) For the first year following disqualification for exemption or special assessment, or in the event a property is added to the assessment and tax rolls as omitted property, ad valorem prop- erty taxes on that property may be increased in excess of the three percent (3%) increase limitation set forth in subsection (2) of this section, except the tax shall not exceed the average ad valorem property taxes paid on similar property similarly valued in the same taxing code area. (6) In no case shall the assessed valuation of any property exceed its real market value. (7) If it is necessary to allocate among political subdivisions of the state,or departments or agencies within those political subdi- visions, any revenue reductions resulting from this Act, redistrib- ution of revenues shall be done in a manner so as to(i)prioritize public safety and public education, and (ii) minimize any loss of local control of cities and counties to state government; (8)(a) No government product or service that on or after June 30, 1995 was whollyor partially paid for by ad valorem property taxes, shall be shifted,transferred, or otherwise converted so as 214 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 EXPLANATORY STATEMENT ARGUMENT IN FAVOR Ballot Measure 47 amends the Oregon Constitution to limit the STOP!DON'T CAST THAT ABSENTEE BALLOT YET. amount of property taxes that may be collected. The measure also requires voter approval for new or increased property taxes. Stop! Don't vote on Measure 47 until you've received and read The measure restricts certain alternative means by which state your 1996 property tax statement. You're probably in for a real or local governments could raise revenue in lieu of property surprise-more like a real shock! taxes. In addition,the measure prohibits the assessment of prop- erty at greater than the property's real market value. This is the first time in five years that property owners in Oregon will receive a property tax statement that will show an assess- For the 1997-1998 tax year, Ballot Measure 47 would reduce increase without a Measure 5 rate reduction. This m the amount of property tax that is imposed to the lesser of 90 property roperty taxes will increase quite dramatically. percent of the property tax imposed for the 1995-1996 tax year or 100 percent of the property tax imposed for the 1994-1995 tax year. For tax years following 1997-1998,the measure would limit The average assessment increase statewide will be about 10 the amount by which property taxes could increase to three per- percent. Some entire neighborhoods, however, will see increas cent each year. es as much as 24 percent.Add to those huge assessment hikes a whole slew of new bond measures, and property taxes will go Ballot Measure 47 provides exceptions and restrictions. One through the roof. exception is for property taxes levied to pay existing bonded indebtedness. Another is for property tax levies that have been And this is only the beginning. If we don't pass Measure 47 this approved 6y 50 percent or more of voters voting on the question year, there will be two more tax increases before we will get in a general election in an even-numbered year,or by 50 percent another chance to vote in 1998. Without Measure 47. 1998 or more of voters in any other election provided at least 50 per- Property taxes for many everyday homeowners will be$500 cent of eligible voters cast a ballot. to$1.000 higher than they are today. Other exceptions permit property taxes to exceed the three You may doubt that such increases could happen, but consider percent growth limitation when certain changes occur to property this:This year alone, property taxes on the average home in the or to the assessment of property. These changes include new Portland area will increase more than $300. A number of com- construction or improvements made to property, the rezoning of munities of average priced homes will see increases averaging property, the subdivision of property, property disqualification more than$500 this year alone. from exemption or special assessment,or the addition of proper- ty to the tax roll as omitted property. While the occurrence of a So before you cast that absentee ballot, ask yourself this ques- change, including taxing district changes when approved by vot- tion: If inflation is running at less than three percent this ers, may permit property taxes to increase by more than three year,why do governments increase property taxes ten per- percent,the measure restricts the amount of the increase so that cent,twenty percent,or more.Why?Because they can. the amount of tax imposed on the property does not exceed the amount imposed on similar property. If voters pass Measure 47, however, property tax increases will be limited to not more than three percent per year. Property Ballot Measure 47 directs that revenue reductions arising as a taxes will be predictable. There will be no more unexpected, result of these tax limitations be implemented so as to give priori- shocking increases. ty to public safety and public education, and to minimize loss of local control of cities and counties to state government. Measure 47 is indeed the long awaited solution to Oregon's long-standing problem with runaway property taxes.It allows Ballot Measure 47 prohibits using new or increased fees, governments reasonable growth, but not at a rate faster than we assessments or other charges to pay for government services taxpayers can afford to pay for it! and products previously funded by property tax revenues, unless a new or increased fee, assessment or charge has been approved by voters. (This information furnished by Bill Sizemore, Oregon Taxpayers United The measure directs the legislature to enact a mechanism PAC.) which allows property taxpayers to make charitable, voluntary contributions to public schools and other public entities. Committee Members: Appointed by: Bridget Barton' Chief Petitioners Bill Sizemore" Chief Petitioners John Marshall Secretary of State Fred Miller Secretary of State Charles S.Crookham Members of the Committee "Member dissents(does not concur with explanatory statement) (This committee was appointed to provide an impartial explanation of the (This space purchased for$500 in accordance with 1993 Or Laws 811§11.) ballot measure pursuant to ORS 251.215.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 215 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN FAVOR ARGUMENT IN FAVOR MANY SIMPLY CANNOT AFFORD A MESSAGE FOR RENTERS HIGHER PROPERTY TAXES Many renters do not realize that they pay property taxes. Because a"No"vote on Measure 47 will unquestionably result in higher property taxes on almost every property in Oregon, If you're a renter, whether you're renting a house or apartment, before you vote,please stop and consider the effect rapidly or a commercial building for that matter, ask yourself this ques- escalating rrooperty taxes will have on those who simply tion: If property taxes go up on the property I rent, will my cannot afford to pay more: those who will not be able to pay landlord absorb that increase,or will they pass it on to me? higher property taxes and still buy food or heating oil; and those who cannot afford to pay higher taxes and still keep their homes. The answer is, in almost every case, that the landlord will pass the cost on to you,the renter,just like they must every other cost True,some Oregonians are able and willing to pay higher taxes of maintaining the property you occupy. When property taxes to support schools or other government services. But increasing go up,eventually,so do rents. property taxes is the wrong answer. Why? Because property taxes are not related to one's ability to pay. Property tlx Increases demand more money from people who. in many Oregon's rapidly escalating property values are affecting rental cases,have no more money to give. properties just like they are owner occupied properties. Often renters, however, don't realize that their rents are being increased because of property tax increases because they don't Oregon's current property tax system does not make sense. To see the property tax bill the landlord receives each October.. illustrate,currently, inflation is running at less than three percent per year. Wages also are increasing annually at only three per- cent. Yet, this year and for the foreseeable future, homeowners This year, property taxes in Oregon will increase an average of will see property tax increases averaging ten percent or more. ten percent statewide, even more in metropolitan areas. That Why? means rents will go up. And remember, any increase in rents due to property tax increases are on top of the increases that will occur already due to other market forces Such large increases cause real hardship for those Oregonians that are pressuring rents ever upward in Oregon. on low or fixed incomes. Many simply will not be able to pay_ their taxes and still eat and pay the utility bill. So before you cast your vote on Measure 47, 1 suggest that you stop and consider who will pay the property tax increases of This is not an exaggeration.Today,it is quite common for senior $200,$300,or$500 per year that will be the norm in Oregon for citizens living on a$450 per month social security check to pay years to come. property taxes of $200 or more per month; leaving $250.00 for utilities, food, medicine, insurance, transportation, etc. There is simply no way they can afford to pay higher property taxes. The answer in part is you, the renter. And if you decide some day to buy your own place, remember that property taxes Before you vote on Measure 47, please remember: Maybe you commonly add $200 to $300 per month to mortgage pay- ments. That's why every person who lives in Oregon, whether can afford to pay higher property taxes,but there are a lot of good,decent people who cannot. Measure 47's three percent they own or rent,has a stake in Measure 47. cap on annual property tax increases will mean a lot to them. Measure 47 limits property tax increases, and it's every bit PLEASE VOTE FOR MEASURE 47 as good for renters as it is for homeowners, because we all ply property taxes. (This information furnished by Bill Sizemore, Oregon Taxpayers United (This information furnished by Bill Sizemore, Oregon Taxpayers United PAC.) PAC.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) 1 (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 216 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN FAVOR ARGUMENT IN FAVOR WHAT ABOUT OUR SCHOOLS? PREPARE FOR A$620 MILLION PROPERTY TAX INCREASE School funding is a concern for most Oregonians. Certainly, we The state's Legislative Revenue Office has come out with a pro- cannot neglect our most precious asset,our kids. jection that Measure 47 would cost the government in Oregon $1.1 billion over the next two years! However,there are some things about school funding that voters haven't been told. School funding in Oregon is up, not down. in That amount should alarm taxpayers, but not for the reason fact during the Measure Five years school funding some might think. That$1.1 billion projected cut is alarming increased faster than the rate of inflationl because the vast majority of the increase is not an actual reduction in today's taxes but projected growth in property School funding today is more than $600 million per year more taxes. than it was the year prior to Measure Five.That's an increase of 34 percent! That's right. $620 million of that $1.1 billion is the amount gov- ernments intend to increase property taxes over the next two Like Measure Five, Measure 47 also protects schools. It con- years. tains a provision that specifically requires by constitutional mandate that fund!ng for public safety and public education How do we know that governments plan a$620 million increase be prioritized. in property taxes?Consider this: Measure 47 was designed so that the state could make up from Total property taxes collected statewide total about $2.4 billion. its general fund any property tax revenues schools might lose Measure 47 enacts a very modest ten percent reduction in prop- under the measure,just as the state has done for five years in a erty taxes on each property. Ten percent of $2.4 billion is only row now under Measure Five.For five years,the state has made $240 million. A $240 million dollar cut for two years ads up to up the schools' lost property tax dollars from its abundance of only$480 million. state income tax and lottery dollars. But the state says the loss to governments will be $1.1 billion, Measure 47 can likewise be enacted without any cuts what- not$480 million for the next.two year budget cycle.Where does soever to schools or local governments.The state legislature the extra$620 million figure in? simply has to do one more time what it has done for five years in a row under Measure five. $620 million is the amount governments plan on increasing property taxes over the next two years! That's right. We tax- Here's the choice voters have with Measure 47. With inflation payers are facing a $620 million dollar increase in our property running at only three percent per year and the state's gener- taxes over the next two years. A call to the state's Legislative al fund growing at a whopping 22 percent per biennium we Revenue Office will confirm that to be the case. can either use that abundance of state income tax and lot- tery dollars for property tax relief,or we can allow the state Measure 47 does what Oregonians have needed for a long time. bureaucracy to grow at more than three times the rate of It limits the growth of property taxes to three percent per year, inflation.You decide. about the amount the average Oregonian's income increases each year. Measure 47 is a carefully measured, reasonable step to limit the runaway growth of property taxes. Its ten percent cut is modest, We voters can pass Measure 47 and put runaway,unpredictable and its three percent cap on annual increases is fair both to gov- property tax increases behind us once and for all. Or, we can ernment and taxpayers. reject Measure 47, and meekly accept a $620 million property tax increase, an increase more than three times the current rate VOTE"YES"ON MEASURE 47 of inflation!The choice is clear! (This information furnished by Bilt Sizemore, Oregon Taxpayers United (This information furnished by Bill Sizemore, Oregon Taxpayers United PAC.) PAC.) r (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 217 CONTINUED n Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN FAVOR ARGUMENT IN FAVOR THE SKY IS NOT FALLING YOU CAN NEVER TRULY OWN YOUR OWN PROPERTY We heard it over and over in 1990 with Measure Five. 'The sky The right to own private property is the cornerstone of a free is falling!The sky is falling!" society. Nearly every political leader in the state took their turn at the It should be the right of every American,to own a piece of prop- microphone making dire predictions of the devastation that would erty that they can call their own; a place that no one can take occur across Oregon if voters dared pass Measure Five. away from them. Ex-Governor Barbara Roberts said people would die if Measure That right does not presently exist in Oregon. Five passed. Others said we would dial 911 and no one would come. The superintendent of the Portland School District said How can anyone truly believe that they own their own home that if Measure Five passed he would have to give pink slips to when they have to pay the government hundreds of dollars per every teacher. month in property taxes, or the government will take it from them? Of course, none of their ridiculous predictions came true. According to Oregon Dept of Education numbers school Frequently, people say that they worked all their lives to own funding during the Measure Five years did not decrease at their own home, and that they believed all those working years all but instead increased faster than the rate of inflation that once they got their mortgage paid off,they would be secure for their retirement years.All they would have to have is enough The City of Portland, which also predicted financial devastation income to buy food and pay their utility bills and they could make for itself,has instead accrued a budget surplus of tens of millions it comfortably through their old age. of dollars. Measure Five has not devastated Oregon's local gov- ernments, even though it cut property tax rates by 50 Many of these hard-working folks are sorely disappointed today. percent. Many are paying property taxes now that are literally higher than their mortgage payments were when they were buying their Measure 47 cuts current property taxes by only 10 percent. For home. some time now, most governments in Oregon have been increasing their tax bases by a full six percent each year, even It's a tragedy that we voters allow to continue a system of taxa- though inflation has been running at only about three percent. tion that puts the never-ending wants of government above the These governments could easily absorb a ten percent reduction rights and interests of citizens; that allows taxes to increase at in their property tax revenues and still have kept up with rates totally unrelated to the taxpayer's ability to pay;that penal- inflation. izes homeowners for maintaining their property. Measure 47 was designed, however, so that no cuts would be It's time to send a clear message to politicians and bureaucrats: necessary in schools or local governments. 100 percent of the Find another way to finance the cost of government. Stop piling reduction in prr peft tax revenues can be made up from the so much of the burden on the backs of property owners. state's abundance of state income tax and lottery dollars When you hear or read"sky is falling"claims about Measure 47 Measure 47 does that. it gives the people of Oregon something they have needed for a long time, a permanent limit on the from liberal editors, tax and spend politicians, and self-serving amount that property taxes can increase each year. That three bureaucrats,just remember: They made these same ridiculous,w percent cap is a major step in the right direction. unfounded predictions in 1990.That's the only tune they kno how to play. Support Measure 47.It will make Oregon a better place to live. (This information furnished by Bill Sizemore, Oregon Taxpayers United PAC.) (This information furnished by Bill Sizemore, Oregon Taxpayers United PAC.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the ar ument. 218 CONTINUED Official 1996 General Election Voters'Pamphlet-Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN FAVOR ARGUMENT IN FAVOR KILL THE MESSENGER VOTER INTENT FOR MEASURE 47 Unions have one play in their political playbook. It's called, "Kill Following is an explanation of the intent for various provisions of the Messenger!" Measure 47.Voters should not vote for this measure unless they agree that they wish to enact the following: Saul Alinski, the guru of union activism, taught union political activists to always avoid discussing issues,but instead to demo- Measure 47 cuts property taxes for the 1997-98 tax year back to nize some individual in the opposition. Pick someone in the the tax for the 1995-96 tax year,minus 10 percent,or back to the opposition and make him the"evil"that must be defeated. tax for the 1994-95 tax year without the 10 percent cut,whichev- er of those two numbers is less. You saw that strategy with Measure 8 when the unions directed all their attention towards Oregon Taxpayers United's director, Measure 47 also places a permanent three percent cap on annu- Bill Sizemore, and State Representative Bob Tiernan.Their ads al property tax increases.This cap cannot be exceeded by local repeatedly attacked those two individuals,and avoided any men- voters accept for voter approved bond measures for purposes tion of the real subject of Measure 8,public employee pensions. related to capital construction projects or the purchase of certain public safety vehicles. You saw the same strategy when a national labor union involved itself in the Gordon Smith/Ron Wyden U. S. Senate race earlier Subsection (3)(a) of section 11g of the measure places a new this year. The union ran an extremely nasty ad, virtually calling restriction on future property tax elections.It requires that proper- Gordon Smith a murderer. Most Oregonians were repulsed by ty tax related elections are not valid if there is not at least a 50 the ad. percent voter turn-out.That is all this subsection does. The campaign against Measure 47 is being financed primarily by Subsection (33)(a) of section 11g of the measure is not an public employee unions.You can expect to see their ads against authorization for a local option to override the three percent Measure 47 focus attention on Bill Sizemore, the measure's M. If it was, it would say that it was an exception,as do all the author.The unions will call Sizemore an extremist with a radical exceptions set forth in subsections (3), (4), and (5) of section agenda,or the mouthpiece of millionaires. 11 g. Don't be fooled by this deceptive strategy. Measure 47 was writ- All of subsection (3) of section 11g relates to bond mea- ten to benefit everyday Oregonians.The majority of the savings sures only. from Measure 47 will go to average homeowners. Oregon Taxpayers United PAC is not the mouthpiece of millionaires,but In summary, voters should vote for this measure only if they in fact, has more than 12,000 contributors, contributing an aver- agree with the intent of the measure that property taxes, after age of about$35.00. they have been reduced as the measure requires, may only be increased in excess of three percent per year for the purpose of So,when you see or hear ads against Measure 47 that are really paying voter approved bonded indebtedness. attacking Bill Sizemore, say to yourself, "someone is telling us that we taxpayers should let our property taxes skyrocket This measure does not contain any other form of local option. because the unions don't like Bill Sizemore." Don't let public employee unions make Measure 47 a referen- dum on Bill Sizemore. Measure 47 is rather a decision by (This information furnished by Bill Sizemore, Oregon Taxpayers United Oregon voters as to whether they are going to limit property pAC.) taxes,or let them shoot out of sight. (This information furnished by Bill Sizemore, Oregon Taxpayers United PAC.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11,) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the ar ument. I the accuracy or truth of any statement made in the argument. 219 CONTINUED Official 1996 General Election Voters'Pamphlet-Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION THE UNIVERSITY OF OREGON PROTECT YOUR LOCAL LIBRARY: ALUMNI ASSOCIATION BOARD OF DIRECTORS VOTE NO ON MEASURE 47 URGES NO ON BALLOT MEASURE 47 The Oregon Library Association strongly opposes Measure 47 Public higher education is a promise--a promise that the citi- because it would,beyond question,cause further damage to our zens of Oregon have made to their children since 1872. We are public,school and academic libraries. not keeping this promise. After Measure 5 passed, local governments and school boards Ballot Measure 47 would further erode the resources needed to found library services a convenient place to cut. Police, fire and provide quality higher education to Oregonians. It is estimated public works were essential services, they explained, and that schools and local governments would lose $1 billion in the libraries and parks, for example, were not. The same reasoning first two years. would prevail today. Since Ballot Measure 5 passed in 1990, public higher education Yet another such shock to local government revenue, as gro- in Oregon has lost more than $100 million in state funding. posed in Measure 47, would almost certainly mean that many The state of Oregon ranks 50th in support of higher educa- public libraries would have their services drastically curtailed. tion--the citizens of Oregon cannot continue to fund at this level Libraries would have to reduce their hours and cut back on their and expect our young people and state to be competitive. An book budgets. Some rural libraries, operating now on a shoe educated workforce fuels our state's economy. string,might be forced to close their doors. Tuition is up 80 percent. Many of our brightest students leave School library services have never recovered from the effects of this state and pursue higher education in other states where Measure 5.A 1994 survey of 12 states showed that Oregon now higher education is generally more publicly supported. Once has the lowest number of certified school librarians per school. gone, these children of Oregon generally do not return. Oregon Untold numbers of students bear the brunt of that loss. loses its most valuable resource:bright,energetic young minds. Severe pressure would be imposed on the Legislature to replace For those who stay,the amount borrowed via student loans property tax revenues lost to local schools with state General has reached staggering proportions. Today's graduates can- Fund revenue. That, in turn, would undoubtedly result in major not simply work their way through school.On average they grad- funding cuts for state colleges and universities. Reductions in uate with$17,500 in debt. Higher Education budgets are already being forecast because of the flattening of Oregon Lottery revenues.Cuts from Measure 47 Meanwhile,the number of Oregon high school graduates and would be in addition to those caused by the shortfall in Lottery the growing demand for well educated workers in the dollars.Academic libraries would be an inviting target. Oregon economy require greater access to quality public higher education in this state--not less. We need these young The Oregon Library Association knows that Oregonians place a people if we are to remain competitive. high value on their public,school and academic libraries. VOTE NO ON BALLOT MEASURE 47. The Oregon Library Association hopes that Oregonians will remember that when local property taxes are cut, libraries are The University of Oregon Alumni Association is an organization among the first to suffer. That is why Oregonians should vote representing UO alumni who have a deep concern about the against Measure 47, if they care--about the quality of their library future of the University of Oregon and a desire to participate in services--in their schools, in their public libraries, and in their the process of developing a solid policy and financial foundation institutions of higher education. for the future of public higher education in Oregon. (This information furnished by Edward House, Oregon Library (This information furnished by Richard W. McDuffie, '63 MD '67, Association.) President,University of Oregon Alumni Association.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 220 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Oregon Farmers and Ranchers Urge A NO Vote Community College Presidents Urge"NO"Vote on on Measure 47 Ballot Measure 47* Oregonians work hard to earn a living,and we all want as little As presidents of Oregon's 17 community colleges and con- of that hard-earned money as possible to go to the government. cerned Oregonians,we urge you to vote no on Measure 47.This We must balance this desire for lower taxes against the level of measure is bad for Oregon.If Measure 47 passes it will: services we expect to receive. Measure 47 goes too far and threatens some of our most important basic services like . Reduce class and program offerings for students; police and fire protection. • Cut back on job training and retraining opportunities; • Limit access to adult basic education programs that prepare No More Local Control people for work; Measure 47 takes away our choices. Individuals and com- • Keep colleges from meeting new and growing community munities would no longer have any say in determining local needs. levels of services. Oregonians want more local control, not less. Not only would Measure 47 take resources away from students, it also takes control of education away from local communities. It Less Fairness would: Measure 47 undermines our system's relative value system. Under Measure 47, landowners with lower valued land . Hand the Legislature control of schools and community could pay more than their fair share while owners of more colleges; valuable property could be paying far less than their fair . Allow the Legislature to mandate classes, tuition and share.Under current law the higher your property value,the programs; higher your property tax liability. * Take control away from local communities; • Eliminate recent advances in community college partnerships It Doesn't Add Up with business,school districts and other workforce and educa- Measure 47's proponents say we can get the same level of tion partners. services while paying lower taxes. In fact many of our com- munities already are struggling to provide needed public Measure 47 is much more complicated than it appears to be and services.You can only cut so much fat before you hit bone. could have unintended negative results. Less Accountability Community colleges have always uniquely met each com- Measure 47 makes it nearly impossible to determine if your munity's needs. Measure 47 will change that. Vote No on assessor has correctly figured the tax liability for your Measure 47 to keep community control over education. property. Oregon's Community College Presidents: We,the board of directors of the Oregon Farm Bureau urge you to VOTE NO on Measure 47. Ron Daniels,Blue Mountain Joel Vela,Mt.Hood V Please join V in making Oregon government more Bob Barber,Central Oregon Pat O'Connor,Oregon Coast responsive to the people. Jerry Berger,Chemeketa Dan Moriarty,Portland John Keyser,Clackamas Harvey Bennett, Rogue John Wubben,Clatsop Steve Kridelbaugh, Wm.E.Bell,Columbia Gorge Southwestern Oregon Rod Wright,Klamath Jerry Hallberg,Tillamook Bay (This information furnished by Board of Directors, Oregon Farm Bureau: Jerry Moskus,Lane Bert Glandon,Treasure Valley John Rossner, President;Stan Handy, Rick Miller, Daryl Hawes, Debbie Jon Carnahan, Linn-Benton Jim Kraby,Umpqua Scott, Vice Presidents;Larry Lear,Norm Pratt,Joan Silver, Tracey Liskey, Camille Hukad,Jack Burkhart,Dean Freeborn,Kathy Smith,Keith Nelsen, Neil Westfall, Charlie Barlow, Edmund Duyck, Doug Krahmer, Howard *No public dollars were used to produce or publish this statement. Sand, Board Members;Andy Anderson, Greg Leo, Don Schellenberg, Pete Test,Staff) (This information furnished by Daniel Moriarty.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 221 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures i Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION From the Desk of Governor John Kitzhaber,M D BALLOT MEASURE 47 THREATENS COMMUNITY PARTNERSHIPS Dear Oregon Voter: Oregonians have always been willing to help their neighbors. Oregonians have always cherished their ability to make deci- Responding to the needs of children, the frail, elderly, disabled, sions locally. Measure 47 endangers this fundamental principle mentally ill and working poor has become an important way by taking control away from local communities. I urge you to join Oregonians build caring communities. The faith community has me in voting NO on Measure 47. been an integral part of this response, working in partnership with local public and private social service agencies. Our facili- ties house childcare centers, food pantries, socialization pro- Measure 47 reduces local control. Measure 47 ignores the fact grams and respite care, but significant financial support comes that communities are diverse. Each community in Oregon is dif- from our tax dollars. ferent. Local voters must be allowed a strong voice in determin- ing their future. But Measure 47 mandates that state government should set priorities for local communities. Under Measure 47, Measure 47 threatens these community based partnerships that local voters would no longer be able to control their own destiny. neighbors have developed to help neighbors. It takes important As Oregonians, we cannot afford to erode our ability to make tools out of the hands of local communities. It makes it harder for important decisions at the local level. local communities to fund the human services-from health care to,education to libraries and parks - that help people live better Even worse, Measure 47 hurts critical services like public educa- lives. tion. Throughout Oregon, local schools are trying to prepare our children for the future. Global competition, technological By rolling back property taxes, Measure 47 disregards the deci- advancements and growing economic diversity are just a few of sions communities have made about the services they want to the challenges facing our children.Without local control and ade- offer their residents. The new restrictions on bond measures quate school funding, we cannot prepare our children for this would make it harder for communities to respond to special local dynamic and fiercely competitive environment. needs. Oregonians value local control. Measure 47 takes local control Measure 47 is long and poorly written. It will take a multitude of away. Oregonians depend on adequate public service such as lawyers to figure out what it really means. All of that uncertainty public safety. Measure 47 cuts local police, fire and sheriff's and all those unintended consequences will steal money and departments.Oregon communities rely on their ability to respond energy that should be spend helping Oregonians. local to special circumstances. Measure 47 forces communities to further depend on state government. Oregonians do not want Measure 47 writes inequity into the state constitution. It makes it the future prescribed by Measure 47's empty promises. harder for government to be responsive to community needs. It hurts the ability of Oregonians to help each other. Communities like Portland and Klamath Falls cannot be forced' into the same-size-fits-all rules made by state government. We urge you to please vote NO on Measure 47. Oregonians need the tools that allow them to deal with local con- ditions. Important decisions about local schools, public safety, Ecumenical Ministries of Oregon transportation, and human services should remain in the hands of communities,not the state legislature. Protect local control. Please join me in voting NO on Measure 47 (This information furnished by Ellen C. Lowe, Ecumenical Ministries of Oregon.) Sincerely, John A.Kitzhaber,M.D. Governor (This information furnished by Governor John A.Kitzhaber,M.D.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 222 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Protect Local Schools Measure 47 Hurts Human Services During the past five years school districts have been busy deal- Measure 47 will slice money available to local governments from ing with Ballot Measure 5, the property tax limitation measure property taxes.That will hurt human services two ways: that voters passed in 1990. -In your community- Many school districts are operating with less money per student now than was available five years ago. Many districts have cut Measure 47 would cut some of the money that cities, counties back on their administrative,support and teaching staffs.They've and other special districts currently invest in human services. found ways to save money.They've made do with less. Services like health care, feeding programs, substance-abuse treatment and recreational programs for senior citizens and And they've been forced to make some cuts that have narrowed at-risk youth,just to name a few. the opportunities available to children and lowered the quality of their schooling. -Throughout the state- Local voters also have discovered that one of the worst conse- Measure 47 presumes that the state will make up for some of the quences of Measure 5 was the loss of local control. Now state property tax money lost to local governments. But existing state legislators,and not local voters,decide just how good a commu- resources can't be stretched to cover the new losses to local nity's schools will be. schools, cities and counties without examining all state funded programs for possible cuts. Most state-funded human services Measure 47 again targets schools. Under Measure 47, Oregon are actually delivered through community based agencies that schools would lose$266 million during the 1997-98 school year stand to lose both local and state tax support as a result of and $308 million in the 1998-99 school year, according to the Measure 47. State institutions and the Oregon Health Plan are state Legislative Revenue Office. There is no requirement that also likely to suffer. the state make up that lost revenue. Money spent on human services is money invested healthier, While we agree that the Oregon tax structure needs revision,we safer,and more productive Oregonians. don't believe Measure 47 is a workable remedy: Measure 47 doesn't fix the tax system. It just creates more prob- - Measure 47 does nothing to deal with the fairness of the tax lems. It takes away local control and hurts Oregon's biggest system.In fact,it writes inequity into the state Constitution. asset-its people. - It does nothing to promote local responsibility. In fact, it Measure 47 is irresponsible.Protect your neighbors removes local control in favor of state-level decision-making. and your state. - It does nothing to protect other important local services like Vote No on 47. police,fire and jails. In fact, it makes it harder for communities to meet their public safety needs. Human Services Coalition of Oregon Measure 47 doesn't solve Oregon's tax problems. It adds to them. (This information furnished by Ellen C.Lowe,Human Services Coalition of We urge you to vote NO on Measure 47. Oregon.) (This information furnished by Bruce Adams,President,,Oregon Education Association; Christopher Dudley, Oregon School Boards Association; Ozzie Rose,Confederation of Oregon School Administrators.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the ar ument. 223 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures i Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Public workers urge a no vote on 47 Measure 47 threatens the future of Oregon's parks! As employees of schools and local and state governments, we Oregon's quality of life depends on our parks. Oregon parks urge you to vote no on Measure 47. provide abundant recreation opportunities, protect our scenic open spaces,and provide habitat for fish and wildlife. This harmful measure would cut the amount of money available to local communities through property taxes. It would place great Many local parks depend on property taxes and bond mea- strains on our local schools,cities and counties. sures for funding.Passage of Measure 47 would restrict Oregonians'ability to protect and enjoy our environment through As people whose work is caring for children, the elderly and our many local parks. other needy Oregonians,we know firsthand how desperately our services are needed. Who will care for the sick, the abused and Measure 47 mandates severe restrictions on how bond mea- the abandoned if we are not there to help? sures can be used. It makes them harder to schedule and pass. If Measure 47 passes, all Oregonians will be less able to count Measure 47 takes this important park protection tool away! on the quality of their schools and the availability of needed gov- ernment services. Local governments also sometimes must charge user fees to pay for park operations or improvements. But Measure 47 Government services provide an essential safety net for the restricts local governments'abilities to use new fees in this way. needy. They also help working people compete in a changing economy.Our children need good schools and safe communities Local services like parks, public safety and human services all so they can grow up to live happy,productive lives. help keep Oregon livable. Everyone loses when public services aren't funded adequately. Measure 47 ties local government's hands! Measure 47 is bad for Oregon's school kids. Measure 47 threatens Oregon's livability! It's bad for the elderly,the young and the needy. Vote NO on Measure 47! It's bad for communities that want to stay economically The Oregon League of Conservation Voters healthy. Don't make this harmful initiative part of Oregon's constitution. (This information furnished by Anna Goldrich, Oregon league of VOTE NO ON MEASURE 47. Conservation Voters.) (This information furnished by Alice Dale, Oregon Public Employees Union;Ed Edwards, Oregon School Employees Association;Ken Allen, Director,Oregonians for Local Control.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 224 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Don't Muddle the Constitution THE OREGON COUNCIL OF POLICE ASSOCIATIONS URGES VOTE NO ON MEASURE 47 The Oregon Constitution is a precious document. Voters should change,alter or add to it only with great caution. Measure 47 is a threat to the safety of every community in Oregon. The measure sponsors claim we will be secure, even That's why I'm opposed to Measure 47. It misuses the Oregon though they're slashing millions of dollars from local government Constitution as a place to deal with the specifics of tax law. revenue. Those slashes can only mean fewer police officers to protect our citizens. Measure 47 is.a long, confusing measure that raises many unanswered questions and is riddled with unintended conse- These are major cuts that will directly affect police departments' quences.It attempts to do far more than just set forward a gener- personnel levels. Without adequate funding, we'll be unable to al tax policy.It deals in minutia. purchase and maintain the equipment we need to keep ahead of the bad guys.There is no way public safety can be unaffected by the enormous cuts in revenue envisioned by the backers of this I think we all agree that's not what the Oregon Constitution is measure. all about. With local government revenues so drastically restricted, the There's little question, of course, that tax laws are difficult to state will be put in the position of deciding what programs get write. They are long and detailed. That's why they belong in the funded and at what level. That means issues that affect you state's statutes,where they can be modified and clarified as nec- locally will no longer be decided locally.The people in Salem will essary. And that's why they DON'T belong in the Constitution, be deciding on things that should be decided locally. where such routine clarification or correction is very difficult. Don't be fooled. Don't listen when they try to say these cuts Don't muddle up our state's most important document. won't have any effect on safety issues. We don't believe them and neither should you. Join me in voting no on Measure 47. KEEP OUR STREETS SAFE! VOTE NO ON MEASURE 47 (This information furnished by Betty Roberts, Former State Senator, Former Oregon Supreme Court Justice.) (This information furnished by Judith Watts,Oregonians for Local Control.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of,any statement made in the argument. the accuracy or truth of any statement made in the argument. 225 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures I, Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Don't cut the Heart out of Law Enforcement COUNTY GOVERNMENT WILL SUFFER UNDER Vote NO on Ballot Measure 47 MEASURE 47 The men and women who work tirelessly to protect Oregon's As representatives of Oregon's counties we urge you to vote No cities and towns need your support in their effort to keep our on Measure 47. This crippling measure would take local control communities safe. away from county residents and significantly hurt the ability of counties to provide public safety and the other services you have Vote NO on Measure 47 and show that public-safety is too said you want. important to compromise The Association of Oregon Counties has calculated that counties Measure 47 would cut the property-tax money available to would lose an estimated $88.8 million in property tax revenue Oregon cities by an estimated 20 percent. Since Public safety under Measure 47. accounts for most cities' single biggest expenditure of money, Ballot Measure 47 would drastically reduce police personnel and That will mean fewer sheriff's deputies to do the vital job of pro- cripple law enforcement efforts throughout the state. tecting the safety of Oregonians. It will take away from human services that help troubled children and needy senior citizens. Measure 47 ties the hands of local communities by restricting funding. Local communities must remain free to deal with their Measure 47 claims to protect public safety, but those claims are own public-safety challenges in the way that best fits their needs. as empty as the promise Measure 5 backers made about educa- Ballot Measure 47 prevents local,communities from addressing tion. There is no guarantee the state legislature will replace the local crime problems. money lost to counties under Measure 47. And there is no guar- antee the money would be replaced in a way that protects deci- The Oregon Police Chiefs for Safer Communities have sions individual counties have made to respond to the special thoroughly researched Ballot Measure 43. We believe passage needs of their residents. of this measure would have a significant and negative impact on the ability of law enforcement to provide essential services and Vote No to protect our safety. Vote no to help our troubled chil- personnel to communities throughout the state. dren and needy senior citizens. Vote no on Measure 47 so local governments will remain in the control of local citizens. Don't be fooled, passing Measure 47 will mean less officers protecting your neighborhoods. John Mabrey,Wasco County Judge Don't put public safety on the chopping block. Dale White,Harney County Judge Don't pass Ballot Measure 47 Beverly Stein,Chair,Multnomah County Don Lindly,Lincoln County Commissioner VOTE NO ON MEASURE 47 Larry J.Johnson,Linn County Board of Commissioners Richard Stach,Linn County Board of Commissioners Dave Schmidt,Linn County Board of Commissioners Judie Hammerstad,Clackamas County Board of County Commissioners (This information furnished by Charles R. Stull, Chairman, Oregon Police John Dilworth,Benton County Commission Chiefs for Safer Communities.) Pamela Folts,Benton County Commission Kent Daniels,Benton County Commission John J.Howard, Union County Commissioner Linda Peters,Washington County Board of Commissioners Emile M.Holeman,Umatilla County Commission Mike W.McArthur,Sherman County Court Randall Franke,Marion County Commission Association of Oregon Counties (This information furnished by Judith Watts,Oregonians for Local Control.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does riot constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 226 CONTINUED Official 1996 Genera!Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION VOTE NO TO PROTECT ESSENTIAL SERVICES! Keep your fire protection the way YOU want it! Measure 47 is an extremist measure that cuts the amount of Vote NO on Measure 471 money available to local communities for such essential services as fire and police protection. It restricts how bond measures can Who should decide what kind of fire protection your community be used and forces confusing new rules about how election needs?You and your neighbors?Or the Legislature in Salem? results are determined. Obviously, you and your neighbors should decide. Decisions All of those things make it harder for individual communities to about basic local services like fire protection should be made by fund their local services at the level that they know is best. local residents. But Measure 47 makes it harder for Oregonians all around the state to protect their communities the way they VOTE NO TO KEEP COMMUNITIES STRONG! see fit. As firefighters,we are not only concerned about how well city fire Measure 47 cuts property taxes and then leaves it up to the state departments or rural fire districts are funded. We recognize that to sort out who should lose.That means the Legislature will have cuts in one area put greater strains on services in other areas. to decide which is more important: schools, public safety or We want to see local communities keep the level of public- human services. Those are tough decisions - decisions that safety, education and human services that they have should be made by local voters. chosen and expect. Measure 47 forces local services to compete with each other for VOTE NO TO KEEP YOUR INDIVIDUAL VOICE! property taxes and then lets the state decide who wins. Measure 47 takes decisions about local services out of the Don't let Measure 47 steal your control over local services. hands of local voters. Oregon's cities, towns and rural areas shouldn't be forced into one-size-fits-all rules. Keep public-safety services safe. Vote no on Measure 47! (This information furnished by Tom Chamberlain, Oregon State Fire Oregon Fire Chiefs'Association Fighters Council.) Oregon Fire District Directors Association Special Districts Association of Oregon (This information furnished by Noel Klein, Oregon Fire Chiefs' Association.) (This space purchased for$500 in accordance with 1.993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 227 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION VOTE NO ON MEASURE 47! Dear Fellow Oregonians: No Matter Where You Live...Local Schools Measure 47 Violates Basic Constitutional Principles! Need Local Control Measure 47 Has A Hidden Agenda! Oregonians take pride in making their own decisions.Whether in Hermiston or Newport, we cherish our ability to determine the REJECT MEASURE 47! direction of our local schools by voting locally.Even people living in communities like Portland or Eugene have a voice in how their Measure 47 claims to be something it's not!The sponsors of schools operate. But now Measure 47 proposes to remove our g p power at the local level and give it to the state legislature. this poorly written, rambling 1,500 word constitutional amend- ment are trying to sneak their real intention past Oregon voters. Vote NO on Measure 47...Keep Local Why?Because they only want democracy to work in their favor. Control of Our Schools! Measure 47 contains a section which threatens the fabric of Measure 47 is a constitutional amendment that strips away local the Oregon Constitution. As a former chief elections officer in control and places it it the hands of the state legislature. No Oregon, I know this constitutional amendment doesn't allow local bond measures to win approval the way all other election issues longer will communities be allowed to set their own priorities. No in Oregon are decided-by getting the most votes. Instead,bond longer will local schools be able to deal as well with issues like measure elections must have a turnout of at least 50%of all reg- overcrowded classrooms. No longer will schools be adequately istered voters-or else the election is declared invalid.That's not funded to prepare our children for the future. right! Don't Leave the Future of Oregon's Children in the Hands of VOTE NQ ON MEASURE 471111! the State Legislature! Measure 47 also does not require the state government to make Measure 47 gives power to voters who do not bother to cast up lost revenue to local schools. As a result, Measure 47 forces their ballots. This constitutional amendment forces elections local schools to depend on the state legislature to do the right officials to count people who forgot to vote, who died, i who didn't want to vote for whatever reason, as "NO" votes f the thing. When was the last time the state legislature ever did the turnout is less than 50%. Measure 47 clearly violates our funda- right thing?! Important decisions about our children's education mental principles of democracy. should be made in the communities in which those schools are located,not in Salem. Measure 47 cancels out Oregonians who care! Regardless of Fight to Keep Local Control of Schools...No Matter Where turnout, non-voters should not count in determining election results. Don't let the sponsors of this constitutional amendment You Live in Oregon manipulate democracy. Vote NO on Measure 47! Prevent Manipulation of Democracy! Please Join Me in Voting NO on 47! (This information furnished by Russell Plaeger, Portland Citizens for Sincerely, Oregon Schools.) Clay Myers Oregon Secretary-of State, 1967-1977 (This information furnished by Clay Myers, Former Oregon Secretary of State.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 228 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Measure 47 threatens veterans home loan program PROTECT LOCAL CONTROL Vote NO on 47 REJECT MEASURE 47 For many years, the Oregon veterans' home loan program has Measure 47 is unacceptable. It gives power over local services helped former service men and women buy homes. It is one of to the state government. As a group of your local elected offi- the ways the state can show its appreciation for people who are cials,we urge you to vote No on this measure. willing to give up several years of their lives to serve their coun- try. It is also a good way to spread the values of home ownership How does Measure 47 harm local control? It makes it harder for to more communities. local governments to provide the level of services local voters have said they want. But Measure 47 puts that important loan program at risk. The changes it seeks in bond measure elections and the ability of Since police and fire protection are the two biggest local ser- communities to charge fees for services will cause uncertainty vices, there's little doubt that some of the budget tightening will about whether local communities and the state can meet its occur there. obligations. Bond markets translate that uncertainty into higher interest rates.The cost to veterans rises,as does the cost of any public program financed through bonds. Measure 47's sponsor, Bill Sizemore, says he wants state income taxes to pay for more services. But we've seen what happens when local schools are forced to depend on state tax The state's good credit rating in one of its biggest assets.But the revenue. backers of Measure 47 have put that good name at risk by pro- moting this long, confusing measure that is filled with unan- swered questions and unintended consequences. Legislators in Salem, instead of local voters, end up deciding what level of spending is right.And communities have to accept it, even if they want better teachers, or smaller classrooms, or Don't take chances with the veterans loan program. must deal with special circumstances. Don't risk Oregon's good name. Oregonians shouldn't let the same thing happen to equally essential local services,especially police and fire protection. Join me in voting NO on Measure 47. There is nothing in this long,confusing ballot measure that spells --F.David Parker, out exactly how local revenue losses will be filled. There's also Past national president of Paralyzed Veterans nothing that says how much lost local property tax money the of America and chairman of United Veterans' state must replace,if any. Groups of Oregon Why should voters take such a chance?Why should voters give more power to the state legislature at the expense of local control? (This information fumished by F. David Parker, United Veterans'Groups of Oregon.) Measure 47 prevents local governments from providing the kind of services that Oregonians have said they want and expect. Keep Your Local Control Vote NO on Measure 47. (This information fumished by Tom Davis,Mayor of Brookings;Lawrence D. Griffith,Mayor,Baker City;Craig Lomnicki, Mayor of Milwaukie;Phillip W. Houk, President, Pendleton City Council;Bob McPheeters, Mayor of ' Tillamook;Ruth E. Bascom, Mayor of Eugene;Helen M. Berg, Mayor of Corvallis.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 229 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Measure 47 is bad medicine for rural Oregon Vote NO on Measure 47- Support Local Control and Quality of Life Oregon's hospital districts play an important role in bringing health care to the state's rural communities. But these districts Portland General Electric urges voters to say NO to Measure 47. depend on property tax revenue and they will be hurt if Measure 47 backers succeed in taking away local control of property PGE is made up of people, Oregonians just like you, who value taxes. Oregon's quality of life. Measure 47 claims to protect public safety. But it offers no guar- PGE customers, employees, shareholders and vendors also are antee that money lost to ambulance districts, hospitals and rural voters who value Oregon's public services. health services will be replaced. We want parks and green spaces,because it is important to Oregon's rural population is growing older, which means more preserve Oregon's natural habitat for ourselves and future demand for medical care. For example, more than 20 percent of generations. the residents of Curry, Josephine, Lincoln, Tillamook and Curry counties are over age 65. • We need additional police officers,so we can be safe in our • Rural Communities need tools that local property taxes can pro homes and on our streets. vide to help them keep hospitals open and bring doctors to their under-served communities. We need libraries to preserve and enhance learning. Measure 47 derails those efforts. It's bad medicine for rural Don't Send Local Decisions to Salem Oregon. Measure 47 backers are saying, Oregonians don't know what VOTE NO! they're doing, what they want, what's good for them or what's good for their children. By taking locally approved money away from local,government;Measure 47 requires Salem legislators to make all the funding decisions for our communities. (This information furnished by Ian Timm, Oregon Rural Health Communities must retain their ability to determine their own fate. Association.) Local voters must keep their power to set their own priorities based on the needs of their community. PGE supports the decisions made by our customers,employees, shareholders and vendors at the polls.We believe that continued local control is an important value, as important as parks, libraries and law enforcement. We urge your support for local control.Vote NO on Measure 47. (This information furnished by Fred Miller,Portland General Electric.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 230 CONTINUED IO Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Oregon Head Start Hurt by Measure 47 An open letter to Oregon voters: It's clear that Measure 47 will hurt our kids who attend public For more than a decade I served as your Attorney General and grade schools, middle schools and high schools. And it's also labored to make Oregon safe for our children and families. Now clear that another rollback of property taxes will pinch community Ballot Measure 47 threatens the public safety I worked to main- colleges and continue the underfunding of higher education. tain. I must speak out. If Ballot Measure 47 wins on November 5, the police forces of our cities and the justice system of our state But there is another group of Oregonians who will be hurt badly will lose. by Measure 47. The sponsors of this radical measure boast that they can slash Oregonians who don't have much political clout.Oregonians who and attack local government, and they claim we will still be need every break they can get. secure. Don't believe it for a minute! This measure completely eliminates more than$500 million a year-and there's no possi- They are the children who enter Head Start and the Oregon Pre ble way to make it all up. Kindergarten programs every year so that when they start school they won't be left behind. That means fewer officers on patrol,fewer deputy district attor- neys to prosecute offenders,fewer corrections personnel to staff Of the 6,000 Oregon children enrolled in Head Start annually, jails. For our families, that could mean no response to property about 2,000 of them are in the Oregon Pre Kindergarten program crimes, no prosecution of misdemeanors, early.release from jail for repeat offenders.Is it worth it. paid for by the state of Oregon. Those are precious slots. Precious,because experts estimate that Oregon's combined fed- Or the state Legislature could t to repair the cuts b taking fed- eral and state programs serve less than a third of the Oregon 9 try P Y g children who are eligible to be helped by Head Start services. money out of our debt-threatened state budget. But that easily means fewer dollars for the crime-fighting Department of Justice Those 2,000 children most likely will be shut out if Measure 47 programs I helped to maintain as your Attorney General. It means reductions in the state police,the officers who investigat- passes. Their chance to do well in school will be greatly dimin- ed the crimes I prosecuted.That's no good,either. ished.Their futures are at stake,too.! The fundamental danger of Ballot Measure 47 is that it will Measure 47 doesn't build for our future. It takes the future away. destroy Oregon's ability to achieve balanced funding for essen- It closes the door on children who need the chance that early tial public services.As a native Oregonian, I believe in the vision education can provide for them. of our ancestors: a place where families could prosper in a safe environment, the law was respected, and moderate public poli- Vote NO on Measure 47. cies were highly regarded. Ballot Measure 47 tears the soul from our vision. Please join me in voting against Ballot Measure 47. Don't steal the hope that Oregon Pre Kindergarten gives to Our promising hope for the future is at stake. Oregon's most vulnerable children. Sincerely, Suzanne Van Orman,Chair Oregon Head Start Association Dave Frohnmayer (This information furnished by Suzanne Van Orman, Oregon Head Start (This information furnished by Dave Frohnmayer.) Association.) (This space purchased for$500 in accordance with 19930r.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 231 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION WORKING PEOPLE OPPOSE MEASURE 47 FORMER OREGON GOVERNORS SAY VOTE NOON 47 The backers of Measure 47 are the same folks who have tried Dear Fellow Oregonians: repeatedly to take money out of the pockets of hard working Oregonians.They tried to repeal Oregon's prevailing wage laws, As former governors of Oregon, we urge you to vote NO on they attacked public employees'right to bargain collectively,they Measure 47. spent hundreds of thousands of dollars attempting to get the union-busting, so-called right to work law on the ballot, and you can bet they'll be working hard to prevent any increase in the We recognize that Oregonians traditionally demand local control minimum wage. With Measure 47, they're going after our ability of their public services. In a strong and unified voice, you have to locally control how our property tax dollars are spent. repeatedly called for important decisions about schools, public safety, human services and transportation to be made at the local level. After all, you know the needs of your community far This search and destroy mission on local government is a poorly better than the legislature presiding over state government in worded jumble to be added to Oregon's Constitution. It cuts Salem. That's why we agree you should vote NO on Measure property taxes, then caps them at levels too low to pay for the 47 things we've told our local governments we want. They say schools and public safety dollars won't be affected,but where do the dollars come from to keep that promise? Whether democrat, republican or independent, Oregonians all share a belief that the diverse communities of this state have dif- ferent needs. But Measure 47 threatens to dismantle our tradi- If the state funds schools, where does the money come from so tion of making key decisions locally. Whether we live in rural or the Bureau of Labor continues protecting working Oregonians? metropolitan areas, our knowledge of our communities enables What about enforcing safe workplaces? Who pays for oversight us to set local priorities that make good sense. But Measure 47 boards to make sure Oregon business is in compliance with laws would replace local decision-making with state government man- that protect consumers? How are public works projects and our dates handed down to your community. construction jobs to be funded?And if there's not enough money from property taxes,what will stop the legislature from increasing our income taxes? Measure 47 is a poorly written initiative,full of unanswered ques- tions and unintended consequences. Our children in our local con- Working Oregonians need to take a Ion hard look at what's school districts cannot afford further erosion of community con- 9 g g trol. Parents and grandparents must have a strong voice in the being promised and who's making that promise.We need to take education of their children. Instead,Measure 47 proposes to give a long, hard look at who really benefits from these cuts. Is it this power to the state legislature. From Ontario to Beaverton working people,or is it a few greedy businesses? and from Medford to Astoria, local control of schools and public safety must remain intact. Decisions affecting the level and prior- Vote no on Measure 47. ity of services in your community should be made by you,not the state legislature. Please join us in voting NO on Measure 47. (This information furnished by Wally Mehrens, Columbia Pacific Bldg& Construction Trades Council;Bob Shiprack, Oregon Building Trades Sincerely, Council.) Victor Atiyeh,Oregon Governor 1975-1987 Neil Goldschmidt,Oregon Governor 1987-1991 (This information furnished by Victor Atiyeh.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 232 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure N 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION LOCAL SCHOOLS NEED YOUR VOICEI Vote No on Measure 471 Don't Give Up More Control Over Your Local Schoolsl Keep Local Control of Our Schools Vote NO on 471 Children are our most precious resource. As citizens we must strive to provide our children with a quality education so that they Do you have children or grandchildren in school? Have you will have the skills and tools necessary to succeed in our rapidly watched your local schools struggle to make ends meet? Are changing world.Our future depends on our children. you growing less satisfied at the quality of education children receive today? Have you seen more and more children crowd But Measure 47, like Measure, 5, erodes our ability to make into the same classroom year after year? Are you concerned decisions about what is best for our children's education. Prior to about our future competitiveness in this global economy? Measure 5, if we wanted to improve our schools, the local com- munity decided what to do. But Measure 5 requires us now to go Believe it or not, even if you are not involved in your local to Salem if we need more.money for teachers and other opera- schools,you play an important part in the lives of the children in tional costs. For many schools,that means get by with less. Lay your community. How? By voting in local elections. As a local off teachers,crowd classrooms.With the loss of over a half a bil- voter in La Grande, Coos Bay or Portland, you make important lion dollars in the State's general fund for the next biennium, decisions every year about your neighborhood schools. Why? Measure 47 would gut our public schools. Because our forefathers recognized that you know the needs of your community better than anyone in sitting at a desk in the Measure 47 doesn't stop there state capitol. For the sake of our children,we should keep it that way. Measure 5 does allow some local control of our schools. If voters want new roofs on their schools, new buses, or computers or Oregon Children Deserve Quality Schools new technology to prepare our children for the 21st Century, we have the option to fund these investments. We have the right to Measure 47 fundamentally changes the way Oregonians make vote and decide as a community whether to fund these invest- decisions about schools.The state legislature would set priorities ments with tax-supported general obligation bonds. for our communities and take away Oregon's long standing tradi- tion of local control of our schools. As a constitutional amend- Not under Measure 47. ment,the consequences of Measure 47 are permanent. Under Measure 47 we lose local authority and have to go to Oregon can't afford to lose local control of our schools.As Salem for the money for new roofs,safe buses and new technol- a fellow Oregonian and a local business owner, I know we ogy.And Salem will have half a billion dollars less to fund these need more local control of our children's education, not investments and address all of the other problems created by less.That's why I'm asking you to join me in voting NO on Measure 47. Measure 47. Public schools aren't free.Let's not waste what we have. Don't Harm Our Schools! Vote no on Measure 47! Vote NO on Measure 471 Committee for Adequate School Funding Edward W.Sheets David Judd (This information furnished by Sho Dozono.) John E.Bierwirth Michael J.Riley Stephen Kanter Samuel Adams Anitra Rasmussen Jim Westwood Ron Saxton Marge Kafoury Diane M.Linn Ron Cease George M.Mardikes (This information furnished by George M. Mardikes, Committee for Adequate School Funding.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. I the accuracy or truth of any statement made in the argument. 233 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Measure 47 Reduces Funding for Schools,Public Safety, Keep Oregon's future bright and Transportation. Vote NO on Measure 47 1 oppose Measure 47 because it will have a profoundly negative impact on Oregon's ability to invest in its citizens. As representatives of Oregon's colleges and universities, we urge your no vote on Measure 47. Further reductions in schools, higher education, public safety, and transportation systems will hurt the quality of life we all cher- We cannot overstate the value quality higher education brings ish as Oregonians. Oregon. A well-educated citizenry is our state's most valuable asset. Measure 47 Limits Local Decision-Making Our colleges desperately need more state support in their effort This Measure further shifts control of funding of essential local to serve the growing number of Oregonians who want and need services to the Legislature.That compromises the ability of local advanced education. Clearly, in today's economy, the route to communities to chart their own futures and places a greater steady,family-wage jobs must include quality higher education. demand on the state's income tax. Measure 47 substantially decreases the state's ability to make Measure 47 Limits the Issuance of Bonds needed investment in higher education.By cutting the amount of property taxes available to local communities,it puts added pres- Measure 47 limits the ability of state and local governments to sure on the state to pay not only for grade schools and high issue bonds. Each year, state and local governments issue schools, but for such basic local services as police and fire about$1 billion in bonds.These bonds aren't for"frills".They pay protection. for things such as schools, roads, bridges, light-rail, water sys- tems,and housing. Measure 47 does not make the tax system more fair. Instead, it starves education - the very service Oregonians need most to Issuing bonds is a fair and equitable way to share the costs of prepare themselves for a competitive marketplace. these long-term projects with citizen users. Oregon must plan for its future. The state's economy has been Those are three big reasons to vote against this harmful helped by the influx of new high-tech companies and the growth of ones that were already here. But these industries need edu- measure. cated workers. If Oregon can't provide that education for its resi- dents,then the best new jobs won't go to Oregonians. Join me in voting NO on Measure 47 The plight of Oregon's colleges is severe. Oregon is the only state that has actually decreased funding for higher education every year in the last four years. That's a trend that shouldn't (This information furnished by Jim Hill,Oregon State Treasurer.) continue. Measure 47 would hurt local schools, by decreasing the money available to local communities and forcing the Legislature to make the impossible choice between education and public safe- ty. It would strip the state of resources it needs to ensure that Oregonians receive the opportunities higher education can provide. This measure doesn't build strong communities and stable fami- lies.Instead,it tears them down. Vote NO on Measure 47. Gary Tiedeman,President Association of Oregon Faculties (This information furnished by Gary H. Tiedeman,Association of Oregon Faculties.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 234 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION DO THE RIGHT THING! Good schools help working people NO ON 471 Working people and their children need good public schools so they can compete in today's workplace. INADEQUATE LOCAL SERVICES TO OREGONIANS WITH DISABILITIES HARMS EVERYONE! All Oregonians benefit But our schools have been hurt by Measure 5. And now they when services to people with disabilities are available to those would receive another killer blow from Measure 47. Nothing in who need it. Employment training and assistance,in home assis- Measure 47 protects local schools from additional cuts. tance and other crucial services help Oregonians with disabilities and their families to be productive tax paying citizens. When Working people need good human services these services are unavailable, Oregonians with disabilities and their families are put under tremendous strain and must fall back on costly public institutions and welfare. Measure 47 will reduce Such beloved local services as parks and libraries could be hurt these crucial services and harm your community.That's wrong! by Measure 47. So could programs that provide aid and comfort NO ON 47! to the elderly,at-risk teens and the mentally ill. 47 ERODES LOCAL CONTROL! Measure 47 erodes local con- Public-safety programs protect workers trol of schools, libraries, public safety and important local, com- munity based services. Local voters would no longer be able to Measure 47.cuts the local property tax.money available to fund set priorities for their own communities. Instead, the legislature such essential public-safety services as police, fire departments would have more power to determine the fate of local schools, and jails. Working people can't afford expensive private security public safety and community based social services. That's systems or fire protection. wrong!NO ON 47! 47 FURTHERS THE TAX BURDEN SHIFT FROM BUSINESSES Don't hurt schools. TO CITIZENS!Ballot measure 5 has shifted more of the property Don't hurt good programs. tax burden onto individual citizens and lessened the burden on business. Measure 47 freezes in place this tax burden shift cre- ated by ballot measure 5.That's wrong!NO ON 47! Don't hurt public safety. DO THE RIGHT THING! VOTE NO ON MEASURE 47 The Arc of Oregon is a membership organization representing over 2000 Oregonians with developmental disabilities and their families.We urge you to vote... (This information furnished by Irvin H.Fletcher,Oregon AFL-CIO.) NO ON 47! (This information furnished by John Murren, The Arc of Oregon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing.of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 235 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION , ARGUMENT IN OPPOSITION Measure 47 is extremist The Portland Association of Teachers strongly recommends a • NO vote on Ballot Measure 47. This measure will reduce local It will hurt YOU money used to fund local schools,further eroding the local con- trol of our school system. Measure 47 would slash the services available to working We support ballot measures when they promote: Oregonians. Children, the elderly, the ill and the disadvantaged need the safety net that government services provide. -Safe Schools Don't poke holes in the safety net! Healthy learning environments Preparing our students for the 21 st century Measure 47 cuts the resources available to local schools and Ballot Measure 47 is clearly not good for children or the future of local governments. It means crowded classrooms for kids. It Oregon. means less room in Oregon's training schools and colleges. Don't steal our children's futures! Please vote"NO"on Ballot Measure 47. Measure 47 would cut money for cities,counties and special dis- tricts. That means public safety, local parks and recreation pro grams,health-care and senior citizen services could be cut. (This information furnished by James K. Sager, Sr, Portland Association of Teachers.) Don't hurt our communities! Measure 47 puts extreme restrictions on local elections and local governments It makes it harder for your voice to be heard. Don't lose your power to decide! Measure 47 hurts kids,seniors and communities!! Vote NO!!!! (This information furnished by Ron Fortune, Northwest Oregon Labor Council,AFL-CIO.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- merit by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 236 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 47 Measure No. 47 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION KEEP YOUR NEIGHBORHOOD HEALTHY&SAFE! OREGON LOSES IF 47 PASSES NO ON 47! Our economy is moving away from one where a high school diploma and a strong work ethic will provide a livable wage. INADEQUATE LOCAL MENTAL HEALTH SERVICES HARMS Higher education--a college degree--is becoming an essential YOUR COMMUNITY!All Oregonians benefit when mental health tool for every Oregonian. services are available to those who need it.Treating a mental ill- ness is far cheaper than the costs of non-treatment. 47 will MEASURE 5 CAUSED OREGON TO HAVE ONE OF THE reduce these crucial services and harm your community. NO ON MOST POORLY FUNDED HIGHER EDUCATION 47! SYSTEMS IN THE COUNTRY. 47 ERODES LOCAL CONTROL! 47 erodes local control of MEASURE 47 WILL CONTINUE THIS DOWNWARD SPIRAL. schools, libraries, public safety and important local, community based services such as mental health services and alcohol and Programs do not receive the funding they need, so drug treatment.Local voters would no longer be able to set prior- Oregonians cannot be trained for the best jobs here in ities for their own communities. Instead, the legislature would Oregon. One example--The University of Washington spends have more power to determine the fate of local schools,.public 81 million per year on engineering programs: PSU and OSU safety and community based social services.NO ON 4711 combined spend only 31 million. • Tuitions skyrocket. Oregon resident tuition rates at the public 47 FURTHERS THE TAX BURDEN SHIFT FROM BUSINESSES universities have risen nearly 80 percent in the last five years TO CITIZENS!Ballot measure 5 has shifted more of the property (SINCE MEASURE 5), eliminating a college education as an tax burden onto citizens and lessened the burden on business. option for many Oregonians. This ballot measure freezes in place this tax burden shift created We can't keep or get the best faculty. Compared to similar by ballot measure 5.NO 47! institutions around the nation, most faculty at Oregon public universities are in the bottom ten percent of pay nation wide. KEEP YOUR NEIGHBORHOOD HEALTHY&SAFE! According to a June 18 report from the legislative revenue office, The Oregon Community Mental Health Providers Association Measure 47 would cause K-12 to lose hundreds of millions of provides mental health services to hundreds of Oregonians dollars--over of million in the Portland Public Schools alone. and their families every year.We urge you to vote... With this kind of loss in K-12,it seems unlikely that higher ed will maintain its current budget, much less receive the increase necessary to support the needed changes. NO ON 47! The Governor has made higher education in Oregon one of his priorities. (This information furnished by Kristin Angell, Oregon Community Mental Oregon business and industry strongly support increased Health Providers Association.) investment in higher education. Oregonians deserve to have the education and training to qualify them for the best jobs. THE STATE CONFERENCE OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS URGES YOU TO GIVE OREGONIANS THE CHANCE TO SUCCEED. The Oregon State Conference includes: Portland State University Chapter'Oregon State University Chapter'University of Oregon Chapter'Oregon Institute of Technology Chapter VOTE NO ON BALLOT MEASURE 47 (This information furnished by Loyde Hales, Oregon State Conference of American Association of University Professors.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 237 Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 48 Measure No. 48 Proposed by initiative petition to be voted on at the General Whereas Congress has ignored the desire of the People for Election,November 5, 1996. meaningful Term Limits by refusing to pass an amendment insti- tuting congressional term limits, and by proposing exceedingly long limits for its own members;and BALLOT TITLE Whereas it is the People themselves, not Congress, who should set Term Limits;and Whereas the People have a sovereign right and a compelling interest in the creation and preserving of a citizen Congress which will more effectively protect their freedom and prosperity, which interest and right may not be as effectively served in any rc . - way other than that proposed by this initiative;and Whereas with foresight and wisdom our Founders, under Article V of the U.S. Constitution, did provide the People with a procedure by which to circumvent congressional self interest, by which procedure the People may call a convention to propose Y amendments to the U.S. Constitution when two-thirds or thirt - ft� four(34)states expressly call for such a convention;and Whereas amendments proposed by such a convention would a � �xX become part of the U.S. Constitution upon the ratification of three-fourths of the States(38);and 11 Whereas the People of the State of Oregon desire to amend ' the U.S. Constitution to establish Term Limits on Congress to ensure representation in Congress by true citizen lawmakers; Be it enacted by the People of the State of Oregon: The Constitution of the State of Oregon is hereby amended by adding d new sections 22 through 32 to Article II, which sections shall read: Section 22. It is the official position of the People of the State of Ore on that our elected officials should vote to enact,by amend 9 ment to the U.S. Constitution, congressional Term Limits which are not longer than three (3) terms in the U.S. House of Representatives,nor two(2)terms in the U.S.Senate. Section 23. It is the will of the People of the State of Oregon that application be made to Congress on behalf of the People of Oregon and the state legislative assembly that Congress adopt the following amendment to the U.S.Constitution: THE CONGRESSIONAL TERM LIMITS ACT OF 1996 Congressional Term Limits Amendment Section A. No person shall serve in the office of U.S. Whereas career politicians dominating Congress have a con- Representative for more than three terms,but upon ratification of flict of interest which prevents them from enacting meaningful the Term Limits amendment no person who has held the office of Term Limits and making Congress what the Founders intended, U.S. Representative or who then holds the office shall serve for the branch of government closest to the People;and more than two additional terms. Whereas career politicians,while refusing to heed the desire of Section B. No person shall serve in the office of U.S. Senator the People for meaningful Term Limits, amassed a nearly Five for more than two terms, but upon ratification of the Term Limits Trillion Dollar national debt by not only voting year after year to amendment no person who has held the office of U.S.Senator or spend far more than they have taken in, but also by voting to who then holds the office shall serve more than one additional dramatically increase their own pay;also provided lavish million- term. dollar pensions for themselves and granted themselves numer- Section C. This article shall have no time limit within which it ous other privileges at the expense of the people;and must be ratified by the legislatures of three-fourths of the several Whereas such irresponsible actions on the part of career politi- States. cians have mortgaged the future of not only every American citi- Section 24.The legislative assembly of the State of Oregon,due zen,but also their children and grandchildren;and to the desire of the People of the State of Oregon to establish Whereas the abuse of power, the corruption, and the appear- term limits on the Congress of the United States, is hereby ance of corruption brought about by political careerism is ulti- instructed to make the following application to Congress, pur- mately destructive to representative government by making suant to its power under Article 5: Congress increasingly distant from the People;and "We, the People and Legislature of the State of Oregon, due to Whereas the President of the United States is limited to two our desire to establish term limits on the Congress of the United terms in office by the 22nd Amendment to the U.S. Constitution, States, hereby make application to Congress, pursuant to our and governors in forty(40)states are limited by state laws to two power under Article 5 of the U.S. Constitution, to call a conven- terms or less,and tion for proposing amendments to the Constitution." Whereas voters have established term limits for more than Section 25. Each state legislator is hereby instructed to use all of 2,000 state legislators,as well as more than 17,000 local officials his or her delegated powers to pass the Article 5 application to across the nation, including state legislators and statewide elec- Congress set forth in section 24, and to ratify, if proposed by tive officeholders in Oregon,and Congress, the Congressional Term Limits Amendment set forth Whereas in 1992, the People of the State of Oregon enacted, above. by an overwhelming majority, an amendment to the state Section 26. (1) As provided in this section, and sections 28 and Constitution limiting service in the U.S. House of 30 of this Article,at each election for the office of a United States Representatives to three terms and in the U.S. Senate to two Representative, United States Senator, or state legislator, the terms,which state-imposed congressional term limits were ruled ballot shall inform voters regarding any incumbent and non- unconstitutional by the U.S.Supreme Court,and incumbent candidate's failure to support the above proposed 238,� CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 48 Measure No. 48 Congressional Term Limits Amendment. otherwise prevent a vote by the full legislative body of the pro- (2) All primary, general, and special election ballots shall have posed Congressional Term Limits Amendment set forth in sec- the information "DISREGARDED VOTERS' INSTRUCTION ON tion 23;or TERM LIMITS"printed adjacent to the name of any state senator f.failed to vote against any term limits proposal other than the or representative who: proposed Congressional Term Limits Amendment set forth in a.failed to vote in favor of the application set forth in section 24 section 23;or when brought to a vote;or g. sponsored or co-sponsored any proposed Constitutional b. failed to second the application set forth in section 24 if it amendment or law that proposes term limits other than those in lacked for a second;or the proposed Congressional Term Limits Amendment set forth in c.failed to vote in favor of all votes bringing the application set section 23;or forth in section 24 before any committee or subcommittee upon h.failed to ensure that all votes on the proposed Congressional which he or she served in the respective houses;or Term Limits Amendment set forth in section 23 were recorded d. failed to propose or otherwise bring to a vote of the full leg- and made available to the public. islative body the application set forth in section 24 if it otherwise Section 29. The information "DISREGARDED VOTERS' lacked a legislator who so proposed or brought to a vote of the INSTRUCTION ON TERM LIMITS"shall not appear adjacent to full legislative body the application set forth above;or the names of a candidate for Congress if the Congressional e. failed to vote against any attempt to delay, table, or other- Term Limits Amendment set forth in section 23 is before the wise prevent a vote by the full legislative body of the application States for ratification or has become part of the U.S. set forth in section 24;or Constitution. f. failed in any way to ensure that all votes on the application Section 30. Notwithstanding any other provision of Oregon law, set forth in section 24 were recorded and made available,to the (1) A non-incumbent candidate for the office of U.S. public;or Representative and U.S. Senator, state representative or state g.failed to vote against any change,addition,or modification to senator shall be permitted to sign a "Term Limits Pledge" each the application set forth in section 24;or time he or she files as a candidate for such an office. A candi- h. failed to vote in favor of the amendment set forth in section date who declines to sign the "Term Limits Pledge" shall have 23 if it was sent to the States for ratification;or "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS"printed i. failed to vote against any term limits amendment other than adjacent to his or her name on the election ballot. the proposed amendment set forth in section 23, if such an (2) Each time a non-incumbent candidate for U.S. Senator, U.S. amendment was sent to the States for ratification. Representative, state senator, or state representative files for (3) The information "DISREGARDED VOTERS' INSTRUCTION candidacy, he or she shall be offered the"Term Limits Pledge," ON TERM LIMITS" as required by any of subsections (2)a until such time as the U.S. Constitution has been amended to through (2)g shall not appear adjacent to the names of candi- limit U.S. Senators to two terms in office and U.S. dates for the state legislature if the State of Oregon has made Representatives to three terms in office. the application to Congress for a convention for proposing (3)The"Term Limits Pledge"that each non-incumbent candidate amendments to the U.S. Constitution pursuant to this Act and set forth above shall be offered is as follows: such application has not been withdrawn. "I support congressional term limits and pledge to use all of my (4) The information "DISREGARDED VOTERS' INSTRUCTION legislative powers to enact the proposed Congressional Term ON TERM LIMITS"as required by either of subsections (2)h or Limits Amendment set forth in the Congressional Term Limits Act (2)i,shall not appear adjacent to the names of candidates for the of 1996. If elected, I pledge to act and vote in such a way that state legislature if the Congressional Term Limits Amendment the information "DISREGARDED VOTERS' INSTRUCTION ON set forth above has been submitted to the States for ratification TERM LIMITS" will not appear next to my name." The pledge and ratified by the Oregon Legislature, or the proposed form will provide a space for the signature of the candidate and Congressional Term Limits Amendment set forth in section 23 the date signed. has become part of the U.S.Constitution. (4)The Secretary of State shall be responsible to make an accu- Section 27. Each member of the Oregon congressional delega- rate determination as to whether a candidate for the state or fed- tion is hereby instructed to use all of his or her delegated powers eral legislature shall have placed adjacent to his or her name on to pass the Congressional Term Limits Amendment set forth the election ballot "DISREGARDED VOTERS' INSTRUCTION above. ON TERM LIMITS" or"DECLINED TO PLEDGE TO SUPPORT Section 28.All primary, TERM LIMITS." p ry,general,and special election ballots shall have the information"DISREGARDED VOTERS'INSTRUCTION (5)The Secretary of State shall consider timely submitted public ON TERM LIMITS" printed adjacent to the name of any U.S. comments prior to making the determination required in subsec- Representative or U.S.Senator who: tion(4)of this section. a. failed to vote in favor of the proposed Congressional Term (6)The Secretary of State, in accordance with subsection (4) of Limits Amendment set forth in section 23 when brought to a vote; this section shall determine and declare what information, if any, or shall appear adjacent to the names of each incumbent state and b. failed to second the proposed Congressional Term Limits federal legislator if he or she was to be a candidate in the next Amendment set forth in section 23 if it lacked for a second before general election. In the case of U.S. Representatives and U.S. any proceeding of the legislative body;or Senators, this determination and declaration shall be made in a c. failed to propose or otherwise bring to a vote of the full leg- fashion necessary to ensure orderly printing of primary and gen- eral election ballots with allowance made for all legal action pro- vided in sections (8), (9), and (10), below, and shall be based Amendment set forth in section 23 if it otherwise lacked a legisla- upon each member of Congress'action during their current term for who so proposed or brought to a vote of the full legislative of office and any action taken in any concluded term, if such body the proposed Congressional Term Limits Amendment set action was taken after the determination and declaration was forth in section 23;or made by the Secretary of State in a previous election. In the d. failed to vote in favor of all votes bringing the proposed case of incumbent state legislators,this determination and decla- Congressional Term Limits Amendment set forth in section 23 ration shall be made not later than 30 days after the end of the before any committee or subcommittee upon which he or.she regular session following each general election, and shall be served in the respective houses;or based upon legislative action in the previous regular session. e.failed to vote against or reject any attempt to delay,table,or (7) The Secretary of State shall determine and declare what 239 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 48 Measure No. 48 information, if any, will appear adjacent to the names of non EXPLANATORY STATEMENT incumbent candidates for the state and federal legislature, not later than five(5)days after the deadline for filing for the office. (8) If the Secretary of State makes the determination that "DIS- This measure would amend the Oregon Constitution to instruct REGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or Oregon's members of Congress to propose an amendment to "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" shall the United States Constitution, subject to ratification by three- not be placed on the ballot adjacent to the name of a candidate fourths of the States, to limit to three (3)the number of terms a for senator or representative for state or federal office, any elec- person may serve as a United States Representative and to two for shall appeal such decision within five (5)days to the Oregon (2)the number of terms a person may serve as a United States Supreme Court as an original action or waive any right to appeal Senator. such decision; in which case the burden of proof shall be upon the Secretary of State to demonstrate by clear and convincing The Measure would also instruct Oregon's state legislature to evidence that the candidate has met the requirements set forth in ratify the Congressional Term Limits Amendment ifr proposed, this Act and therefore should not have the information "DISRE- and to apply to Congress to call a convention for proposing GARDED VOTERS' INSTRUCTION ON TERM LIMITS" or amendments to submit the Congressional Term Limits "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS"printed Amendment to the states for ratification. on the ballot adjacent to the candidate's name. (9) If the Secretary of State determines that "DISREGARDED At each congressional election, until the Congressional Term VOTERS' INSTRUCTION ON TERM LIMITS"or"DECLINED TO Limits Amendment is proposed by Congress, the ballot shall PLEDGE TO SUPPORT TERM LIMITS" shall be placed on the identify incumbent candidates who have acted in opposition to ballot adjacent to a candidate's name,the candidate shall appeal the Amendment and non-incumbent candidates who have not such decision within five (5) days to the Oregon Supreme Court signed a Term Limits Pledge. as an original action or waive any right to appeal such decision; in which case the burden of proof shall be upon the candidate to demonstrate by clear and convincing evidence that he or she At each state legislative election, until the Oregon Legislature should not have the information "DISREGARDED VOTERS' has applied to Congress for a convention for proposing amend- INSTRUCTION ON TERM LIMITS"or"DECLINED TO PLEDGE ments and the Congressional Term Limits Amendment is ratified TO SUPPORT TERM LIMITS" printed on the ballot adjacent to by Oregon, the ballot shall identify incumbent candidates who the candidate's name. have acted in opposition to the Amendment and non-incumbent (10) The Supreme Court shall hear the appeal provided for in candidates who have not signed a Term Limits Pledge. section (8) and issue a decision within 120 days. The Supreme Court shall hear the appeal provided for in section (9) and issue Committee Members: Appointed by: a decision not later than 61 days before the date of the election. Paul Farago Chief Petitioners Section 31. At such time as the Congressional Term Limits Don McIntire Chief Petitioners Amendment set forth in section 23 has become part of the U.S. Kappy Eaton Secretary of State Constitution, sections 22 through 32 of this Article automatically Barnes H. Ellis Secretary of State shall be repealed. Dean James Huffman Members of the Committee Section 32. SEVERABILITY. If any portion, clause, or phrase of this Act is for any reason held to be invalid or.unconstitutional by (This committee was appointed to provide an impartial explanation of the a court of competent jurisdiction,the remaining portions,clauses, and,phrases shall not be affected, but shall remain in full force ballot measure pursuant to ORS 251.215.) and effect. 240 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 48 Measure ,No. 48 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Since 1990, twenty-five million Americans have voted for Congress has a clear conflict of interest on term limits.Without Congressional term limits, enacting laws in 23 states. However, pressure from you the voter, career politicians won't limit the Supreme Court ruled that a Constitutional amendment was themselves. With Measure 48, the people have the power to necessary. Congress - with lavish perks, pensions, and make congressional term limits a reality. Voting YES on advantages for reelection - has no intention of passing a term Measure 48 will help end politics-as-usual in Washington, D.C. limits amendment.Through the initiative process,and specifically with the term limits 25 million Americans--including more than 1 Measure 48,voters have the power to make informed choices on million Oregonians who supported 1992's Term Limits Measure candidates and term limits. #3--have already supported. Oregonians supported term limits in 1992, only to have Congressional incumbents have passed advantages for Congress stand in the way. A YES vote for Measure 48 allows themselves (paid for by us) that virtually guarantee reelection, voters to put their Constitutional right to pass a term limits including franked mail, congressional television studios, pork amendment to use-without Congress stonewalling the issue. barrel politics and fat pensions. These career politicians have skyrocketed the nation's debt while passing legislation that puts Measure 48 Defines Term Limits and Informs Voters reelection first,before everything else. Measure 48: 1) instructs candidates to abide by voters'wishes The President, forty governors, twenty state legislatures and and support two terms in the Senate and three terms in the about 3,000 cities and counties have limited terms. Term limits House, and 2) informs voters if a candidate refuses to pledge to work for them, and it's time to bring citizen government back to support the term limits amendment and if a representative has our Congress.The voters of Oregon overwhelmingly supported a not acted in the amendment's favor. 2 Senate term and 3 House term limit in 1992, and that support remains strong. Why do we need Measure 48 to define term limits and inform voters? Because when it comes to an issue as popular among A recent 5-4 U.S. Supreme Court decision held that we must citizens, and as despised by politicians, as term limits, the amend the Constitution to place term limits on Congress. A YES people cannot depend on their representatives to act, vote on Measure 48 allows the voters to begin that process. Knowledge is power; with Measure 48 the people will know whether of not their representatives have been listening to the Measure 48 instructs representatives to support term limits high percentage of voters supporting term limits. voted for by Oregonians and millions of others across the nation. It informs voters when incumbents don't act to pass a term limits Congress has become an arena for politicians who pass self- amendment and when non-incumbents don't pledge to do so. serving legislation and spend their time and citizen's hard-earned money ministering to the needs of special interests. Our nation's The Founders created a government of,by,and for the people; Founders did not envision such a Congress. They wrote the Congress replaced that with a corrupt system of pork, pensions Constitution to allow citizens to take the initiative to do something and privileges for career potiticians. Measure 48 allows voters to about it. end rule Under the corrupt congressional seniority system and restore citizen government to America. Oregon and 14 other states are leaders this year in regaining control of an unresponsive federal government. Frank Eisenzimmer Chief Petitioner, 1992 Term Limits Measure#3 Vote YES on Measure 48 to place term limits on Congress Sarah Gevers U.S.Term Limits (This information furnished by Frank Eisenzimmer, Chief Petitioner, 1992 Term Limits Measure 3.) (This information furnished by Sarah Gevers,U.S.Term Limits.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 241 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 48 Measure No. 48 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION I The congressional seniority system and career politicians' Dangerous and misleading constant re-electioneering led a 70% majority of Oregonian voters in 1992 to adopt a term limits measure--the only initiative Paid organizers induced people to sign petitions forcing our state in state history to gain 1 million votes. Similar laws passed legislators to call the first constitutional convention since our overwhelmingly in twenty-two other states. However, last year Founders met in Philadelphia in 1787. the U.S. Supreme Court ruled 5-4 that congressional term limits An Article V convention is a process for making amendments require an amendment to the U.S.Constitution. (plural) to the Federal Constitution and it could change the ratification method bypassing the state legislatures as it did in This Informed Voter initiative is intended to convince our 1787. legislators in Congress to propose, and our state legislators to ratify a Congressional Term Limits Amendment to the U.S. America's top legal scholars believe it is dangerous because it Constitution --the same limits approved by Oregonian voters in could adopt changes in our entire Constitution and Bill of Rights. 1992--2 Senate terms and 3 House terms.Oregon and 14 other states are leading the way with Informed Voter initiatives this November. 1."After a Convention is convened, it will be too late to stop the convention if we don't like its agenda... A new Convention could plunge our nation into constitutional confusion and confrontation Under Informed Voter laws,voters can identify a candidate for at every turn..."* Congress and the legislature on election ballots who does not support the Congressional Term Limits Amendment.Measure 48 (Supreme Court Justice Arthur Goldberg) "...the most will lead to term limits on Congress because career politicians 2 won't place term limits on themselves. serious problems Article V poses is a runaway convention.There is no enforceable mechanism to prevent a convention from reporting out wholesale changes to our Constitutional Bill of Constitutional Precedent Rights."(Miami Herald,9/14/86) Voters in the states can take charge when Congress isn't doing 3."The fear that a constitutional convention could become a everything it can to pass term limits. Measure 48 is patterned .,runaway" convention and propose wholesale changes in our after The Oregon System of 1908, the last time the People Constitution is by no means unfounded. Rather, this broad view overcame Congressional conflict of interest to amend the U.S. of the authority of a convention reflects the consensus of most Constitution. In 1908 we enabled the People to elect our U.S. Constitutional scholars who have commented on the Senators -- who had been appointed by the state legislature. issue...lengthy arguments, legal and practical support the case Many states adopted The Oregon System, securing the that there is no effective way to limit the agenda of a People's right to vote for Senators by ratification of the 17th convention.— Amendment to the U.S.Constitution in 1913. Ballot Measure 48 would discredit Oregon's best lawmakers with Election of Senators, Repeal of Prohibition (21st wording on the ballot next to their names accusing them of Amendment, 1933), and Presidential Term Limits (22nd failure to support term limits; when in fact they would have Amendment, 1951) were all acted upon by Congress gDly after honored their oaths of office by refusing to endanger the states applied for an amendment-proposing convention. Constitution in an Article V convention. Paul Farago,Chief Petitioner Ballot Box-the best way to limit terms- It hardly makes sense to gamble our whole system of Yes on Term Limits For Congress government on a few bad members of Congress who can be "Because Career Politicians Won't Do It." retired any time the voters decide to do so. *source on request (This information furnished by Paul Farago,Chief Petitioner,Yes on Term Limits for Congress.) (This information furnished by R.E.Pletka,Corresponding Sec.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1,993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 242 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 48 Measure No. 48 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION TERM LIMITS OR CONSTITUTIONAL CONVENTION? Argument against Measure 48 Our Constitutional Liberty is incompatible with any form of Albany Rifle & Pistol Club will take no stand on the term limit powerful centralized government. Elitists and powerful issue.What we do strongly oppose is section 24 of Measure 48 opportunists know this and have devised schemes to maneuver which calls for the Oregon Legislature to make application to the us into a Constitutional Convention. Measure 48 is another such U.S.Congress to call a constitutional convention for the purpose scheme. Term limits are the bait to a Constitutional trap, set for of proposing amendments to the U.S. Constitution. If a our vote November 5th. constitutional convention is held, everything in our U.S. Constitution is up for grabs, and there is a very real danger that The main argument centers around the dangers of a groups who oppose our precious Second Amendment could Constitutional Convention, which can't be limited. Supreme rewrite or even delete our right to keep and bear arms. authority is vested in the Convention itself,to address any issue Groups who oppose our Second Amendment have made it very it desires. Also, State Legislatures can be circumvented in the clear that they will utilize any tool they can get their hands on to ratification process with appointed State Conventions, or the repeal our Second Amendment. Measure 48 is just a cleverly ratification made easier by changing the rules at the Convention. disguised attempt by these groups to accomplish their anti-gun Article 7 of the U.S.Constitution documents that this was done at goal. our only Constitutional Convention in 1787. Another Our Founding Fathers were very wise men who were fresh from Constitutional Convention would likely be controlled by elitists, battle and knew exactly what they were fighting for. They were seeking to subvert our Constitutional Liberty. also masters of the English language and worded our U.S. Constitution to avoid any mis-interpretation of their meaning. Please Read Sections 24 and 25,which stipulate that if power Unfortunately,there are those without the patience or the guts to live by the set of rules so carefully laid out by our Fore-Fathers. hungry officials don't give us term limits by amendment, we will Our Constitution does not need to be rewritten! It needs to be let them take unrestrained power over us by calling for a obeyed! Constitutional Convention. This is not wise. Unfortunately most Albany Rifle&Pistol Club strongly urges the people of The Great voters read the demand for Term Limits only, which was State of Oregon to reject Measure 48 and any other attempt that dishonestly and exclusively presented in the "description." If we may follow to open our U.S.Constitution to the freedom grabbers ever let this charade get started,there will be no keeping political who are trying to manipulate our way of life to fit their agenda. opportunists from precipitating a Constitutional Convention Remember, if a constitutional convention is called it will not be before the next election. limited to the term limit issue! It will be wide open for any pro- posed amendments. A well financed and well organized effort by U.S. Term Vote no on Measure 48! Limits has managed to get this scam placed on the ballots of most states with a measure type process. Please read sections Respectfully submitted by, 24 and 25 of measure 48 and show, once again, the Tim Pitzer independence of the Oregon Voter. President, Albany Rifle&Pistol Club Our Constitution and Bill of Rights should be studied and understood,never to be offered as political gambling stakes. The key to good government is informed and thoughtful (This information furnished by Tim Pitzer,Albany Rifle'&Pistol Club.) voting. (This information furnished by Gary Hansen.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. the accuracy or truth of any statement made in the argument. 243 CONTINUED Official 1996 General Election Voters'Pamphlet—Statewide Measures Measure No. 48 ARGUMENT IN OPPOSITION EVEN IF YOU SUPPORT TERM LIMITS, YOU SHOULD OPPOSE MEASURE 48. The ACLU, NRA, and Oregon Gun Owners don't have much In common,but they all oppose Measure 48. PLEASE,VOTE NO ON MEASURE 48. Measure 48 does more than instruct legislators to vote for congressional term limits. It also requires the Oregon legislature to call for a Constitutional Convention to amend the U.S. Constitution! There is NO GUARANTEE a Constitutional Convention would only consider a term limit amendment. The entire U.S. Constitution could be up for grabs because there are NO RULES for determining how a Constitutional Convention would be run or how the delegates would be selected or what the agenda would be. Article 5 of the U.S.Constitution requires Congress to convene a Constitutional Convention if two-thirds (34) of the states call for one. DON'T RISK A CONSTITUTIONAL CONVENTION. Oregon Gun Owners opposes Measure 48 because of the call for a Constitutional Convention. Such a convention could potentially alter or abolish the Bill of Rights including the"Right to Keep and Bear Arms." (Second Amendment). John Nichols, Executive Director,OGO. The American Civil Liberties Union (ACLU) opposes the calling of a Constitutional Convention in the absence of standards to govern how the convention should be convened and conducted and without assurances that the convention would not infringe upon civil liberties.ACLU Policy#40, adopted March 3-4, 1979. The National Rifle Association (NRA) passed a resolution opposing"any attempt to call for a Constitutional Convention for any purpose whatsoever..." 1992 Annual Meeting of the NRA, April 25, 1992. Eagle Forum President Phyllis Schlafly has written that holding a Constitutional Convention "...would be a self-inflicted wound that could do permanent damage to our nation, to our process of self-government, and possibly even to our liberty." The Phyllis Schlafly Report,Vol.29, No. 10,May 1996. VOTE NO MEASURE 48. (This information furnished by Jann Carson, American Civil Liberties Union of Oregon.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 244 Official 1996 General Election Voters'Pamphlet—General Information Absent Voter You may apply for an absentee ballot from your county long term absent voters use this form—available at embassies clerk if: and military installations—whenever possible. 1.You are a registered voter;and 2.You have reason to believe you will be unable,for any reason, Special absentee voting instructions and a ballot return enve- to vote at the polling place on election day. lope will accompany each absentee ballot. Special Absentee Ballots: Any long term absentee voter Your application must be in writing and must include: may obtain a special absentee ballot for a primary or gener- 1.Your signature. (This is required,for comparison to your voter al election if the voter believes that: registration card.) 1.The voter will be residing,stationed or working outside the ter- 2.Your residence address. ritorial limits of the United States and the District of Columbia; 3.The address to which the ballot should be mailed, if different and from your residence address. 2.The voter will not be able to receive,vote and return a regular absentee ballot by normal mail delivery within the period pro- While you may apply for and receive an absentee ballot up to vided for absentee voting. 8:00 p.m. on election day, if your application is received by the If you feel you may need a special absentee ballot,you should county clerk after October 15, 1996, the county clerk is not contact your county elections officer for details. required to mail your ballot. If your ballot is not mailed,you must obtain it in person from the county clerk. Therefore, if you apply for an absentee ballot by mail, you must allow enough time to receive the ballot, vote, and return the ballot to the county clerk REMEMBER, YOUR ABSENTEE BALLOT by 8:00 p.m.on election day. MUST BE RECEIVED IN YOUR COUNTY If you wish to become a permanent absentee voter, you can ELECTIONS OFFICE BY 8:00 P.M.THE DAY- do so by checking the appropriate box on the absentee ballot application form.If you check the permanent absentee voter box, OF THE ELECTION, NOVEMBER 5, 1996. the application then becomes valid for every subsequent election until you notify your county clerk or you move out of the county. YOUR VOTED.ABSENTEE BALLOT MUST BE RECEIVED IN YOUR COUNTY ELECTIONS OFFICE NO LATER THAN r._._._._._._._._._._._-_._-_•_•_-_-_. , 8:00 P.M.THE DAY OF THE ELECTION, NOVEMBER 5, 1996. ABSENTEE BALLOT LONG TERM ABSENT VOTER APPLICATION You may apply for long term absent voter status with your county clerk or the Secretary of State if: PRECINCT NAME/NUMBER 1.You are a resident of this state,absent from your place of resk dence;and 2.You are serving in the armed forces or merchant marine of the TODAY'S DATE ELECTION DATE I United States;or I j 3.You are temporarily living outside the territorial limits of the I United States and the District of Columbia;or I PRINT YOUR NAME CLEARLY I 4.You are a spouse or dependent of a long term absent voter. I I A spouse or dependent of a long term absent voter,not previ- j ously a resident of this State who Intends to reside In this j RESIDENCE STREET ADDRESS 1 state, is considered a resident for voting purposes and may j vote in the same manner as a long term absent voter. Your application must be in writing and must include: CITY COUNTY ZIP j 1.Your name and current mailing address. 2.A statement that you are a citizen of the United States. X I j 3.A statement that you will be 18 or older on the day of the SIGNATURE OF APPLICANT(HANDWRITTEN) election. I I 4.A statement that your home residence has been in this state IF YOU WISH TO BECOME A PERMANENT ABSENTEE VOTER, 1 for more than 20 days preceding the election, and giving the CHECK THIS BOX. l address of your last home residence. I j 5.A statement of the facts that qualify you as a long term absent I MAIL BALLOT TO: I voter. j I 6.A statement that you are not requesting a ballot from any 1 j other state and are not voting in any other manner than by I STREET ADDRESS absentee ballot. j 7.A designation of your political affiliation if you wish to vote in a primary election. I CITY STATE ZIP j The U.S. Department of Defense provides standard form 76 MAIL THIS APPLICATION TO THE COUNTY CLERK OF THE that complies with these requirements. It is recommended that COUNTY IN WHICH YOU MAINTAIN YOUR HOME RESIDENCE L.-----•---•-------------------------._._._.J 245 CONTINUED Official 1996 General Election Voters'Pamphlet—General Information Absent Voter Baker Hood River Polk Wallowa Julia Woods Sandra Berry Linda Dawson Charlotte McIver Baker County Clerk Dir.Assess/Rec Polk County Clerk Wallowa County Clerk 1995 3rd St. Courthouse,309 State St. Courthouse,Room 201 101 S.River St.,Rm 100,Door 16 Baker City,OR 97814-3398 Hood River,OR 97031-2093 Dallas,OR 97338-3179 Enterprise,OR 97828-1335 (541)523-8207/f(541)523-8208 (541)386-1442 (503)623-9217/C(503)623-7557 (541)426-4543,Ext.16 Benton Jackson Sherman Wasco Dan Burk Kathy Beckett Linda Comie Karen LeBreton Dir.Rec/Elections Jackson County Clerk Sherman County Clerk Wasco County Clerk Courthouse Courthouse,10 S.Oakdale PO Box 365 Courthouse,511 Washington St. Corvallis,OR 97330 Medford,OR 97501-2902 Moro,OR 97039-0365 The Dalles,OR 97058 (541)757-6756/C(541)757-5646 (541)776-7181/C(541)776-7183 (541)565-3606 (541)296-6159/C(541)296-6159 Clackamas Jefferson Tillamook Washington John Kauffman Elaine L.Henderson Josephine Veltri Ginny Kingsley Clackamas County Clerk Jefferson County Clerk Tillamook County Clerk Elections Division Elections Division Courthouse,75 SE"C"St. 201 Laurel Ave. 155 N.1 st Ave.,Suite B 10 825 Portland Ave. Madras,OR 97741 Tillamook,OR 97141 Hillsboro,OR 97124 Gladstone,OR 97027-2195 (541)475-4451/t(541)475-4451 (503)842-3402 (503)648-8670/C(503)693-4598 (503)655-8510/C(503)655-1685 Clatsop Josephine Umatilla Wheeler Lori Davidson Georgette Brown Nancy A.Wood Judy Potter Clatsop County Clerk Jos eBpohin6e9County Clerk Diirrecctor 1 ff Elections Wheeler County Clerk Box PO Box 178,749 Commercial Grants Pass,OR 97526-0203 Pendleton,OR 97801 Fossil,OR 97830-0327 Astoria,OR 97103-0178 (503)325-8511/C(503)325-8511 (541)474-5243/C 1-800-735-2900 (541)278-6254/C(541)278-6257 (541)763-2400/C(541)763-2401 Columbia Klamath Union Yamhill Elizabeth(Betty)Huser Bernetha G.Letsch R.Nellie Bogue-Hibbert Charles Stern Columbia County Clerk Klamath County Clerk Union County Clerk - Yamhill County Clerk Courthouse 507 Main St. 1001 4th St.Ste"D" Courthouse,535 East 5th St. St.Helens,OR 97051-2089 Klamath Falls,OR 97601 LaGrande,OR 97850 McMinnville,OR 97128-4593 503)397-3796,Ext.8444/ (541)883-5134/C(541)883-4135 (541)963-1006 (503)434-7518/C(503)434-7519 i(503)397-7246,Ext.8445 Lake Coos Karen O'Connor C Denotes Phone Number for Hearing Impaired Mary Ann Wilson Lake County Clerk Coos County Clerk 513 Center St. Courthouse Lakeview,OR 97630-1579 541)396-3121, Coquille, 9 Ext.3019 (541)947-6006/C(541)947-6007 •--—•—.—•— � i(541)396-2106 Lane j ABSENTEE BALLOT Crook Annette Newingham j Deanna(Dee)Berman Elections Division APPLICATION 135 E.6th Ave. I Crook County Clerk Eugene,OR 97401-2671 j 300 E.Third,Room 23 (541)687-4234/C(541)687-4320 j Prineville,OR 97754-1919 (541)447-6553/C(541)447-6553 Lincoln I PRECINCT NAME/NUMBER Dana Jenkins Renee Kolen Lincoln County Clerk Curry County Clerk 225 W.Olive St.,Room 201 PO Box 746 Newport,OR 97365 Gold Beach,OR 97444 (541)265-4131/C(541)265-4193 TODAY'S DATE ELECTION DATE (541)247-7011,Ext.223/ i(541)247-6440 Linn j Steven Druckenmiller Deschutes Linn County Clerk I PRINT YOUR NAME CLEARLY Mary Sue(Susie)Penhollow 4th&Broadalbin j Deschutes County Clerk Albany,OR 97320(541)967-3833 I Administration Bldg. ( ) 1130 NW Harriman St. I RESIDENCE STREET ADDRESS Bend OR 97701 Malheur (541)388-6546/C(541)385-3203 Deborah R.DeLong I Malheur County Clerk Douglas 251 `B"St.W.,Courthouse Box 4 Gay Fields Vale,OR 97918 I CITY COUNTY ZIP Douglas County Clerk (541')473-5151/C(541)473-5157 j PO Box 10 Roseburg,OR 97470-0004 Marion j X (541)440-4252/C(541)440-6092 Alan H.Davidson j SIGNATURE OF APPLICANT(HANDWRITTEN) Marion County Clerk Gilliam Elections Division Rena Kennedy 4263 Commercial St.SE,#300 I ❑ IF YOU WISH TO BECOME A PERMANENT ABSENTEE VOTER, Gilliam County Clerk Salem,OR 97302-3987 Courthouse (503)588-5041/C(503)588-5610 I CHECK THIS BOX. Condon,OR 97823-0427 j (541)384-2311 Morrow Barbara Bloodsworth I MAIL BALLOT TO: Grant Kathy McKinnon Orb x 338nry Clerk j Grant County Clerk Heppner,OR 97836-0338 I PO Box 39 (541)676-9061/C(541)676-9061 I STREET ADDRESS Canyon City,OR 97820-0039 (541)575-1675/C(541)575-1675 Multnomah I Harney Vicki Ervin j Dir./Elections Dolores Swisher 1040 S.E.Morrison i CITY STATE ZIP Harney County Clerk Portland,OR 97214-2495 Courthouse,450 N.Buena Vista (503)248-3720/C(503)248-3729 1. MAIL THIS APPLICATION TO THE COUNTY CLERK OF THE Burns,OR 97720 (541)573-6641 COUNTY IN WHICH YOU MAINTAIN YOUR HOME RESIDENCE 246 Official 1996 General Election Voters'Pamphlet—General Information Voter Registration The National Voter Registration Act of 1993 requires states to Where to Obtain a Voter Registration Card: meet new standards of accessibility in election administration, making it easier for citizens to register and to vote. Now, Voter registration cards can be obtained from any county citizens who are already registered to vote may update informa- elections office, most banks and post offices, some state tion on their registrations, such as residence address, through agencies,and may be found in many telephone directories. election day and still be able to cast a ballot. If you have moved to a new residence within the same Additionally, the Act is designed to increase the number of county where you are currently registered, your new voter Americans registered to vote by requiring many public agencies registration card must be received by October 28, 1996, to be to provide registration opportunities to their clients simultane- eligible to vote a full ballot. If you fail to fill out a new voter ously with other services. registration card by this deadline and wish to vote on election day, you may go to your county elections office or to your You may register to vote if: polling place to receive a ballot containing federal and statewide offices and statewide measures only. 1.You are a citizen of the United States; 2.You will be at least 18 years old by November 5, 1996;and If you have moved to a new residence in a different county 3.You are a resident of Oregon. than where you are currently registered, your new voter registration card must be received or postmarked by October 15, 1996. If you fail to meet this deadline, you must go to the To register to vote: elections office in your new county by election day to be eligible to vote. Your completed voter registration card must be received or postmarked by October 15,1996. If you are changing your political party affiliation,you must complete a new voter registration card and mail it to-your If you are currently registered to vote in Oregon,you must county elections office. A card that contains a change in update your registration by filling out a new voter registra- political party affiliation must be received or postmarked by tion card if: October 15, 1996. 1.You change your residence address; IMPORTANT! Even if there is no record of your voter registra- 2.You change your mailing address; tion at your polling site on election day, you can be issued a 3.Your name is changed by marriage or court order; ballot containing federal and statewide offices and statewide measures only.The county elections office will then review your 4.You want to change your political party affiliation;or registration information and determine your voting eligibility. 5.Your registration has been canceled. . 247 iL SECRETARY OF STATE BULK RATE Phil Keisling CAR-RT SORT State Capitol Building U.S.Postage Salem, Oregon 97310-0722 P A 9 Portland,OR Permit No.815 RESIDENTIAL CUSTOMER VOLUME voters, plamphi-et OF OF MEASURES j 59 State of Oregon General Election November • • 6 Please RECYCLE this pamphlet with your newspapers The Secretary of State must produce two Voters' Pamphlet volumes due to the large voters number of measures to be voted on in the 1996 General Election. Volume 1 included measure information only and Volume 2 pamphlet includes candidate information. If Volume 1 has not been received, please contact the Secretary of State, Elections Division, (503) 986-1518. • • OF O * O CAN D DATES * THEUNI -- * I * 1859 Compiled and distributed by i) Secretary of State State of ' 11 General Election 1 1 • 1996 This Voters' Pamphlet is the personal property of the recipient elector for assistance at the polls. Official 1996 General Election Voters'Pamphlet—General Information Information GENERAL RANDOM ALPHABET Your official 1996 General Election Voters' Pamphlet is divided While the candidates'statements appear in alphabetical order by into two separtte volumes.This is a result of having 23 statewide their last name in this Voters'Pamphlet, you will notice that they measures on the ballot and 365 arguments filed in support of or appear in a different order on your ballot. in opposition to these measures.The amount of information to be included in the Voters' Pamphlet was too large to be bound into Pursuant to ORS 254.155, the Secretary of State is required to one book in a cost-effective manner. complete a random order of the letters of the alphabet to determine the order in which the names of candidates appear on This is Volume 2 and contains information on candidates only. the ballot. You should have already received Volume 1,containing informa- tion on the statewide ballot measures. If you have not received The alphabet for the 1996 General Election is: Volume 1, please call the Oregon Elections Division at (503)986-1518. H,T,A, E, D,S,Z,O,C,Y,K, R, M,L, I,V,B, F, P,O,J,G,W, U. In this volume, partisan candidates appear before nonpartisan X,N, candidates.All space is purchased;statements and photographs are submitted the candidates rt their designated agents.The VOLUNTARY EXPENDITURE LIMITS information required by law—pertaining to occupation, occupa- tional background,educational background and prior governmen- tal experience—has been certified by each candidate. Due to the passage of Measure 9 in the 1994 General Election,a candidate for statewide office (excluding judges) or the office of Miscellaneous voting aids, including district maps, precinct and state Senator or state Representative may file to voluntarily limit polling place lists,voting instructions,and a complete list of state their campaign expenditures.A candidate who chooses to do so measures and candidates are also a part of Volume 2. If your files a"Voluntary Declaration of Limitation on Expenditures"with county has chosen to produce a Voters'Pamphlet in combination the Secretary of State. with the state, the above listed voting aids will appear in your county Voters' Pamphlet.Another page, "Voting Accessibility for Candidates running for statewide office, state Senator, or state Elderly and Individuals with Physical Disabilities,"contains infor- mation about provisions made for elderly or physically disabled Representative will have a disclaimer at the bottom of their state- voters. ment.This statement indicates whether or not that candidate has voluntary limited their campaign expenditures. The Voters' Pamphlet has been compiled by the Secretary of State since 1903,when Oregon became one of the first states to The limits for these candidates for the 1996 General Election are provide for the printing and distribution of such a publication.One as follows: copy of the Voters'Pamphlet is mailed to every household in the state. Additional copies are available at the State Capitol, local post offices,courthouses and all county election offices. Office Limit Remember,the 1996 General Election is a polling place election. Statewide offices $400,000 Unless you have received an absentee ballot,plan to vote at your State Senator $ 60,000 designated polling site between 7 a.m. and 8 p.m. Designated State Representative $ 40,000 polling sites are listed in this volume. ATTENTION: The State of Oregon prints candidate statements as submitted by the author. The state does not correct punctuation, grammar, syntax errors or inaccurate informa- tion. The only changes made are attempts to correct spelling errors if the word as originally submitted is not in the dictionary. TABLE OF CONTENTS CandidateStatements........................................................................................................................................ 4 Congressional Ma 14 DistrictMap(s).................................................................................................................................................... 25 Indexto Candidates........................................................................................................................................... 35 PoliticalParty Statements..................................................................................................................................28-33 Voting Accessibility for Elderly and Individualswith Physical Disabilities.................................................................................................................. 20 ELECTION DAY IS TUESDAY, NOVEMBER 5, 1996 Polls are open from 7 a.m. to 8 p.m. 3 Official 1996 General Election Voters'Pamphlet—Partisan Candidates United States United States President Vice President BILL AL a. f; .. . CLINTON GORE Democrat Democrat OCCUPATION: President of OCCUPATION:Vice the United States President of the United OCCUPATIONAL States BACKGROUND: Lecturer, , OCCUPATIONAL University of Arkansas School BACKGROUND: Reporter, of Law, Fayetteville 1973-74; The Tennessean, Nashville Attorney-Wright, Lindsey,& 1971-1976; Farmer, Jennings, Little Rock 1980-82 1973-1977 EDUCATIONAL EDUCATIONAL BACKGROUND: B.A. BACKGROUND: B.A., Foreign Relations,Georgetown University; Rhodes Scholar, Harvard University;Vanderbilt University Divinity School; Oxford University;J.D.,Yale Law School Vanderbilt University Law School PRIOR GOVERNMENTAL EXPERIENCE: Attorney General, PRIOR GOVERNMENTAL EXPERIENCE: United States Army Arkansas 1976-78;Governor of Arkansas 1978-80, 1982-1992 1969-1971 (Vietnam); United States Congressman, Tennessee 1977-1985; United States Senator,Tennessee 1985-1993 Fellow Americans: This election is about our values and our future as a nation. To the Citizens of Oregon: President Clinton and I are working to create a stronger and In 1992,you asked for change.We have made a good begin- safer nation for our citizens. Under the leadership of the ning. We cut the deficit by more than half;our growing economy President, I focus on several areas that affect our everyday lives: has created 10.2 million new jobs;we have the lowest combined rate of unemployment, inflation, and mortgage rates since 1968. Environment: I am continuing my work to protect and preserve My plan to balance the budget protects Medicare, Medicaid, our environment for generations to come. Most recently, I education,and the environment. launched the GLOBE Program, an international project to moni- tor the environment. Education: We reformed college student loans, expanded Head Start,and launched AmeriCorps so students can serve their Information Technology: I have led the effort to ensure that all communities while earning money for college. children--rich and poor--have access to the benefits of the com- munications revolution. Crime: We are making our communities and families safer by adding 100,000 police,banning assault weapons,and signing the Making Government Smaller and More Efficient: The National Brady Bill. Performance Review has saved taxpayers more than$58 billion and reduced the size of the federal government by more than Respecting a woman's right to make her own reproductive 230,000 positions -- the smallest government since President decisions: I ended the "gag rule" and enforced the Freedom of Kennedy's administration. Access to Clinic Entrances Bill. Foreign Policy: I serve as a key advisor to the President on for- American leadership is critical: Not a single Russian missile is eign policy issues and was proud to lead the U.S. delegation to pointed at any American city. We have worked to expand the the inauguration of South African President Nelson Mandela. peace process in the Middle East.We have helped the parties on the path to peace in Northern Ireland.We restored democracy to Community Empowerment: I oversee a program that is creat- Haiti. We have taken the lead in Bosnia to enforce a peace ing thousands of new jobs in, and attracting substantial invest- agreement. ments to,our most distressed inner cities and rural heartlands. Our families are the foundation of our communities and nation. Families: To help support and strengthen families,Tipper and My Administration governs on the side of working families. I I have hosted annual family conferences, where we have signed the Family and Medical Leave Act and will continue to fight addressed such issues as the role of fathers in the lives of chil- to protect our environment. dren and the impact of the media on the family. We must join together to meet our challenges and protect our It has been an honor to serve the nation as your Vice values.It is in the spirit of these values that I govern and will cam- President,and I respectfully request your support. paign.As we approach a new century, I ask for your support for another term. (This information furnished by Clinton/Gore'96 General Committee,Inc.) (This information furnished by Clinton/Gore'96 General Committee,Inc.) 5 CONTINUED Official 1996 General Election Voters'Pamphlet—Partisan Candidates United States President United States President a JOHN MARY CAL l F HAGELIN HOLLIS Natural Law Socialist OCCUPATION: Prominent OCCUPATION:Special Harvard-trained quantum Education Teacher physicist and Director of the Institute of Science, OCCUPATIONAL Technology and Public Policy. BACKGROUND: Educator OCCUPATIONAL EDUCATIONAL BACKGROUND: BACKGROUND: Univ.of Fundamental research in par- Arkansas, B. S. E.&M.S.E. ticle physics at the Stanford (1974& 1978) Linear Accelerator Center (SLAG)and the European Laboratory for Particle Physics PRIOR GOVERNMENTAL EXPERIENCE: Board of Directors, (CERN); headed nationwide effort to identify innovative,cost- San Miquel Power Association, 1981-84 effective solutions to critical social problems and shape them into public policy; Natural Law Party candidate for U.S.presi- Mary and the Socialist Party want to be your voice in dent in 1992 and 1996. Washington. We have always represented the interests of work- ing people like you! EDUCATIONAL BACKGROUND: A.B., Dartmouth College; Only the Socialist Party supports: M.S., Ph.D.in quantum physics,Harvard University • A Single-Per National Health Program PRIOR GOVERNMENTAL EXPERIENCE: None We must remove profit from health care. It is the basic right of every person to lead a healthful life.Health care must emphasize "Polls show that 66% of voters are fed up with politics-as-usual preventive medicine,the right to choose alternative types of care, and would support a third party alternative.The Natural Law Party increased publicly-funded research to combat widespread dis- is the largest, fastest growing grassroots party in America, run- ease,and the elimination of poverty,a major source of illness. ning 700 candidates on the ballot in 48 states.We stand for pre- vention-oriented government, conflict-free politics, and proven Corporate Accountability solutions to the nation's pressing problems; natural health care In corporate America, only profits count! Our government has programs to prevent disease, promote health, and cut costs; allowed the ravaging of ancient forests and public lands,and con- effective, field-tested crime-prevention programs; cutting taxes tamination of our soil,air and water.This disregard for the health deeply and responsibly through cost-effective solutions, rather of families makes a mockery of"family values."We must reign in than by cutting essential services; renewable energy production corporate America and hold them responsible for their and energy conservation; natural, sustainable agriculture prac- actions! tices to increase crop yields without pesticides;and reducing gov- ernment waste and ending special interest dominance of our A Humane Foreign Policy politics. We must slash our defense budget,stop arming the world and refuse aid to human rights abusers. It has been the Democratic "A vote for Natural Law Party is not a wasted vote is a crucial and Republican administrations--more concerned with corporate vote—for the environment,for the economy,for education,for life. profits than human rights--who have rationalized granting "most In 1996, a Republican or Democratic vote is not only a wasted favored nation" status to Communist China, guaranteeing the vote,it's a destructive vote—it's a vote that sends a signal of sup- payment of wheat to Iraqi Dictator Saddam Hussein, and restor- port to the Republican and Democratic politicians that says,'Yes, ing the solid gold plumbing in the Emir's palace in Kuwait! we like the direction the country is going. We applaud a govern- An Economy that Benefits All ment that has been usurped by special interests.'Instead,people should vote their conscience—and use their precious votes to Only the rich favor"trickle down"economics.We support living support urgently needed new ideas and solutions. Vote Natural wages, worker control of industry through democratic control of Law." the workplace, a punitive tax on runaway corporations, and the repeal of NAFTA, GATT, so-called "right to work" laws, and the Taft-Hartley Act. DON'T WASTE YOUR VOTE! (This information furnished by Natural Law Party.) SUPPORT THE SOCIALIST ALTERNATIVE! VOTE SOCIALIST! For more information: (800)858-4501 (503)378-7812 sporegon@igc.apc.org http://www.sunsite.unc.edu/spc/spo (This information furnished by Hollis Campaign'96.) 7 CONTINUED Official 1996 General Election Voters'Pamphlet—Partisan Candidates United States President HOWARD PHILLIPS U.S. Taxpayers OCCUPATION:Chairman, The Conservative Caucus, Inc. OCCUPATIONAL BACKGROUND: Former Director, United States Office of Economic Opportunity, Executive Office of the President. EDUCATIONAL BACKGROUND:Graduate,Latin, Harvard College PRIOR GOVERNMENTAL EXPERIENCE: Married 1964 to Peggy.Six children:Douglas,Amanda,Brad,Jennifer,Alexandra, and Samuel I am the only 100%pro-life candidate. I reject Roe v. Wade and will uphold Fifth Amendment to the Constitution, that"No person shall be....deprived of life,liberty,or property,without due process of law"; I will name only judges who acknowledge the legal per- sonhood of the pre-born child; I will veto funding for Planned Parenthood, I will appoint U.S.Attorneys committed to prosecut- ing abortion mills; I will require FDA to prohibit RU-486; I will repeal FACE and bar application of RICO to pro-life demonstra- tors;I will defend the right to life of the unborn,with no exceptions. I will restore political accountability by vetoing funds to private organizations engaged in political or cultural advocacy. I will push term limits for judges and bureaucrats, withdraw the United States from the New World Order, prevent regulatory agencies from usurping legislative functions, and make all Executive Branch employees accountable by giving the President full authority to hire and fire.I will abolish the Federal Reserve,under whose policies we have experienced inflation of more than 1000%since 1913. 1 will use my Constitutional veto authority to cut the Federal government down to the Constitutional size,eliminating programs which exceed its delegated,enumerated functions. All direct taxation will be ended, including income, capital gains, inheritance, business, and Social Security. Revenues for the legitimate functions of Federal government will be secured under the original Constitutional formula of excises,imposts,duties,and apportionment among the states. Unlike Dole, Clinton, Perot I am 100% supporter of 2nd Amendment. Don't waste your vote on lesser of two or three evils—invest it in what you believe.America needs to do more than change drivers, we must change directions. (This information furnished by U.S. Taxpayers Party National Committee.) 9 Official 1996 General Election Voters'Pamphlet—Partisan Candidates United States Senator United States Senator PAUL (STORMY) CHRISTOPHER ter.. MORN PHELPS Libertarian $$ Socialist mT OCCUPATION: Recycling ,- OCCUPATION: Historian, Business Owner f, , ; e° University of Oregon. OCCUPATIONAL OCCUPATIONAL ` BACKGROUND: Editor, BACKGROUND: Hotel and Portland Alliance;Editor, Restaurant;Traffic Against the Current. Engineering; Private Security EDUCATIONAL Owner ,., BACKGROUND: Reed EDUCATIONAL College(B.A., 1988); BACKGROUND: Pasadena University of Oregon (M.A., City College A.A. 1992); University of Rochester(Ph.D., 1995). PRIOR GOVERNMENTAL EXPERIENCE: taxpayer; U.S. Army PRIOR GOVERNMENTAL EXPERIENCE:Taxpayer. Reserve FED UP WITH CORPORATE POLITICS? I'm involved because this line from 1776 sounds too familiar: SUPPORT THE SOCIALIST ALTERNATIVE! "He has erected a multitude of New Offices,and sent Swarms of Stop downsizing our future.Job security, a living wage, public Officers to harass our people and EAT OUT THEIR SUBSTANCE." education, health care, environmental protection, social welfare, and our children's futures should not be sacrificed for profits or TAXES "the budget." Would you be willing to give up your favorite government program End corporate"free trade." Repeal GATT and NAFTA. in exchange for never paying income taxes again for the rest of your life? We can ABOLISH THE IRS with no new taxes and Cut taxes for working people. Reverse public debt by cutting have a free country again.We must bring troops home and end military spending, closing corporate loopholes, and increasing corporate welfare. Libertarian presidential candidate Harry taxes on the rich.Tax breaks and loans to self-employed business Browne has a good plan in his campaign book WHY GOVERN- people, organic and family farmers, and worker-managed MENT DOESN'T WORK. enterprises. EDUCATION Defend wages, jobs and unions. Double the minimum wage. Parents who choose alternatives,shouldn't also be forced to pay Repeal "right to work" laws. Make union recognition easier. for compulsory government schools.If the teacher's unions cartel Abolish permanent scabs("replacements"). and their leased politicians can't acknowledge this simple, fair Expand political democracy. Public campaign financing. Equal principle,they don't deserve leadership positions,especially with access to airwaves. Promote proportional representation. the minds of children.Solution:competition. Solidarity across borders. No support to military dictatorships. CRIME End Cuba embargo. Negotiate nuclear disarmament. Gun ownership prevents crime and tyranny. Equality for women,gays and lesbians,and people of color. The insane drug war, witch hunt is repeating all the mistakes of Repudiate bigotry's claim to "family values." Defend abortion alcohol prohibition: Bill of Rights destroyed, prison overcrowding rights. Increase AIDS research. End HIV travel ban. Legalize gay and disrespect for the true crimes of theft and assault. marriage. Increase battered women's shelter funding. Save ENVIRONMENT: All businesses, governments and individuals affirmative action.Abolish death penalty. must be responsible and liable for their full impact on our envi- Save the earth.Sustainable forestry to preserve timber jobs.Ban ronment,without political privileges. clearcutting. Stricter auto emissions limits. High speed public SOCIALISM is"government ownership of the means of produc- transit. Imprison CEOs of repeat toxic polluters. tion": socialist libraries, forests, universities, social security Revolutionary transformation. Socialists seek to end exploita- pyramid scam, post office and schools. Socialism has collapsed tion and oppression.We oppose both capitalist rule and bureau- worldwide. Notice how many of our current problems are failures cratic dictatorship like the so-called Communist states that of American Socialism.Solution:privatize. existed in eastern Europe. Socialism means organizing produc- JURY NULLIFICATION.Jurors have the right to vote"Not Guilty" tion by democratic decision rather than the dictates of bosses or against oppressive laws, another libertarian vote. bureaucrats. IMAGINE FREEDOM, my campaign book, is available free: Ready for change? Tired of empty soundbites, a millionaires' www.stormy.org or excerpts 1-800-829-1992,storm y @harborside.com club in the Senate, and the sway big corporations have over or Box 1167, Bandon 97411. American politics? Our most ENDANGERED SPECIES is the free human individual. DON'T WASTE YOUR VOTE! VOTE SOCIALIST! (This information furnished by Paul(Stormy)Mohn.) (This information furnished by Christopher Phelps.) 11 CONTINUED Official 1996 General Election Voters'Pamphlet—Partisan Candidates Representative In Congress Representative In Congress 2nd District 2nd District MIKE ROBERT F. (BOB) DUGAN SMITH Democrat Republican OCCUPATION: District OCCUPATION: Small . Attorney, Deschutes County. businessman. 1987 present. N a OCCUPATIONAL OCCUPATIONAL BACKGROUND:Oregon BACKGROUND: Deschutes , State Legislator; U.S. County Deputy District Representative; business Attorney, 1978-1982;Baker man;and rancher. County Deputy District EDUCATIONAL Attorney, 1976-1978;Car BACKGROUND: Burns sales,George Dugan public schools;Willamette Chevrolet; Logging road construction. University, B.A., Economics and Business Administration, 1953. EDUCATIONAL BACKGROUND:Klamath Union, 1969; University PRIOR GOVERNMENTAL EXPERIENCE: Oregon House of of Oregon,B.S. 1973;Northwestern School of Law,J.D.1976. Representatives, 1960-1972 (two terms as Speaker); Oregon State Senate, 1972-1994(two terms as Republican leader); U.S. PRIOR GOVERNMENTAL EXPERIENCE: President, Oregon House of Representatives, 1982-1994. District Attorney's association 1996; Victims of Crime Advisory Board; International Narcotics Enforcement Officers Association; In 12 years in Congress, Bob Smith put Oregonians families Chair, Oregon State Bar Criminal Law section; Land Use first, while fighting for a limited federal government, a balanced Hearings Officer, Deschutes County; Violence Against Women budget, spending cuts and lower taxes, and more power and Advisory Board;Child Abuse Prevention Task Force. authority for Oregonians and all Americans. Now, Oregon needs Bob Smith's leadership as never before. Mike Dugan will bridge the gap between Oregon's proud pioneer past and the challenges of our future. In 1997, Congressman Bob Smith will serve as Chairman of the Agriculture Committee in the House of Representatives, pro- Crime tecting the lives and livelihoods of Oregon's farmers, ranchers, As District Attorney, I've been fighting crime for 10 years. As and those who work in the natural resources industries,and exer- your congressman, I will take this fight to Washington D.C.. We cising real influence as a true leader in the Republican majority. must keep our communities safe.Let's continue the Cops On The B Clout - a seat at the table where decisions are made Beat program and strengthen the fight against drugs. combined with Bob Smith's experience as a skilled legislator, Education means eastern,southern,and central Oregon will have more say We need quality education to reduce crime and increase pros- on the issues that truly matter than at any time in a generation. perity.Education must be affordable. I support tax credits,deduc- Bob Smith will make sure our voice is heard. tions and tuition assistance for rural students. From his position as a Republican leader and Chairman of the Health Care Agriculture Committee, Bob Smith will: I will honor the commitment we have made to our parents, seniors and veterans. Health care choices must be maintained in Fight the Clinton Administration's War on the West and seek rural Oregon. fairness for livestock produces,timber workers,and others. Natural Resources • Protect private property rights and return federal lands from I will fight for sustained multiple use of our resources and Washington bureaucrats to the people of Oregon. guaranteed access to our public lands. • Continue his career-long effort to pass a constitutional "Mike is a man of great personal integrity, honesty,and common amendment to balance the federal budget, sense."Darrell Davidson, Deschutes County Sheriff. • Support tax cuts to allow working Oregonians to keep more "Dugan has earned a reputation as progressive on crime issues of their hard-earned paychecks. and as fiscally conservative; he typically returns part of his . Reduce government regulation that stifles business. budget to the general fund." The Oregonian(7/30/96). • Protect Oregon's water resources for agriculture. " We need honest, practical, innovative leadership to guide Oregon into the 21 st century. Mike Dugan's concerns with crime, NOW MORE THAN EVER--VOTE BOB SMITH education,and health care reflect the views of the district.He will FOR CONGRESS serve Oregon well".John Kitzhaber, Governor of Oregon. "Dugan is honest and hard working..."State Senator Neil Bryant, Republican-Bend. Oregonian(7/30/96) (This information furnished by Bob Smith for Congress Committee.) (This information furnished by Dugan for Congress Committee.) 13 Official 1996 General Election Voters'Pamphlet—General Information d, yII � x n Oregon's scenic grandeur has always attracted visitors. A 1937 road tour found this family on Laurel Hill, viewing Mt. Hood. (Photos from Oregon Highway Division records at the State Archives Division of the Secretary of State.) 15 Official 1996 General Election Voters'Pamphlet—Partisan Candidates Secretary of State Secretary of State MARK A,, PHIL FURMAN `�, ' KEISLING Socialist Democrat OCCUPATION: Political ' OCCUPATION: Secretary of �^ Activist State OCCUPATIONAL OCCUPATIONAL BACKGROUND: Freelance BACKGROUND:Assistant to Speaker of Oregon House; Writer . journalist;Tom McCall for EDUCATIONAL Governor campaign. BACKGROUND:Willamette EDUCATIONAL University, B.A. BACKGROUND: B.A.,Yale;Sunset High PRIOR GOVERNMENTAL EXPERIENCE: Elections Clerk School, Beaverton. PRIOR GOVERNMENTAL EXPERIENCE:Oregon State Repre- There is widespread dissatisfaction with the two-party sentative;Chair, Brooklyn Neighborhood Association, 1986-88. system. During the November 1994 election barely one-half of eligible Oregonians chose to vote. More than twenty percent of PHIL KEISLING: Integrity and Independence registered voters are affiliated with a party other than the Democrats or Republicans. As Oregon Secretary of State,Phil Keisling has demonstrated the Oregonians want alternatives but fear that a vote for a losing integrity and independence Oregonians value. Phil prose- candidate is a wasted vote.The Socialist Parttof Oregon favors cuted initiative petition circulators for violating the public trust. a multi-party democracy where every vote counts! He defended the voter-passed campaign finance reform mea- To broaden electoral participation, I support: sure from legislative attack. He initiated and oversaw the nation's Proportional Representation(PR) first Vote-by-Mail election for federal office.As a member of the PR eliminates gerrymandering by establishing multi-seat State Land Board, he voted for competitive bidding on state- House and Senate Districts where seats are awarded in propor- owned lands to increase school funding. tion to the percentage of the vote a party receives instead of by a As Secretary of State, Phil will work to expand vote-by-mail to "winner takes all" system. PR breaks the monopoly of the all elections, return the initiative process to Oregonians and Democrats and Republicans by allowing voters to select the can protect it from commercial exploitation, and fight to open didates they want rather than the"lesser of two evils.' primary elections to Oregon's 360,000"Independent Voters." PR encourages voter participation and issue, rather than image,oriented campaigns. Democratic governments around the PHIL KEISLING: Innovation world successfully use PR. The Oregon Constitution allows for PR(Article 2,Section 16).Why not utilize it? Phil initiated a"Forest Resource Trust"to reforest thousands of Restructuring the Primary System acres of cut-over timber land. He has proposed alternative Primaries should be conducted as internal party matters with- tuition payment plans for state colleges and universities.He has out taxpayer dollars or government intervention. As a matter of suggested new funding methods for parks and open spaces. privacy,voters should not be required to register their party affili- ,Phil Keisling is building a reputation as Oregon's Idea Man; ation with the government. if two in ten fly, he'll change government." Oregon Business Expanding Democracy Magazine, May 1996. Current law restricts Oregonian's political choices.New parties encounter a host of bureaucratic obstacles while Voter Pamphlet PHIL KEISLING:Watchdog of Tax Dollars fees are set so high as to discourage working class candidates. We need laws that expand democracy,not restrict it! Phil's aggressive auditing of state agencies has identified wide- spread errors in Parole Board records, excessive payments to Political choice is the cornerstone of democracy.Our cur- video poker retailers, and sub-standard gasoline sold to rent system limits choice and thereby limits full and mean- Oregon motorists. Phil audited his own Audits Division, identi- ingful participation in government. fying ways to conduct more audits without increasing costs. I pledge to work to make democracy more beneficial for every Oregonian! Phil restructured his own agency to deliver better service for less DEMOCRATIZE OUR POLITICAL SYSTEM! money. State prison inmates answer over 300,000 calls each VOTE SOCIALIST! year. Public records searches can be done on the World Wide Web.And anyone who wants to start a business can get all their For more information: answers from the folks at the"Business Information Center,"the (503)378-7812 first stop for new entrepreneurs. sporegon@igc.apc.org http://www.sunsite.unc.edu/spetspo Phil Keisling. Integrity.Independence.Innovation. (This information furnished by Mark Furman.) (This information furnished by Friends of Phil Keisling.) Mark Furman has agreed to limit campaign expenditures for this General Election under ORS 260.180 but is not bound by that agreement because Phil Keisling has agreed to limit campaign expenditures for this General an opponent for this election has not agreed to limit expenditures or has Election under ORS 260.180 but is not bound by that agreement because exceeded the applicable spending limit. an opponent for this election has not agreed to limit expenditures or has exceeded the applicable spending limit. 17 Official 1996 General Election Voters'Pamphlet—Partisan Candidates State Treasurer JOHN VINCENT MEYERS g 3`� �y Natural Law �Fa OCCUPATION: Mortgage Loan Officer OCCUPATIONAL BACKGROUND: Sales; ' computer programming EDUCATIONAL BACKGROUND: BA in business administration, Maharishi University of Management PRIOR GOVERNMENTAL EXPERIENCE: None "Oregon's costly social problems, which threaten the financial health and stability of the state, are human problems—crime, domestic violence,drug abuse,and declining health in the face of an unhealthy habits.As state treasurer, responsible for adminis- tering the state's investments and managing its finances, I recog- nize that government which fails to elevate human behavior will always be overwhelmed by problems that will deplete the finan- cial resources of the treasury.The way to uplift human behavior is not through legislation and intrusive big government regulating details of people's lives. You can't have police in every home, playground,business,and classroom.Instead,the way to elevate human behavior is through education that expands creativity and intelligence and brings broad comprehension;education that har- nesses Oregon's most precious resource—our human resource; education that brings life into harmony with natural law and empowers people to govern their own lives better,with fewer mis- takes and problems. Then we will have a flourishing economy with low taxes—without cutting any essential services." (This information furnished by John Vincent Meyers.) John Vincent Meyers has agreed to limit campaign expenditures for this General Election under ORS 260.180 but is not bound by that agreement because an opponent for this election has not agreed to limit expenditures or has exceeded the applicable spending limit. 19 Official 1996 General Election Voters'Pamphlet—General Information 5 S E i I i � ryyaa , o ... �� QC gym AM r Rugged vistas on the Middle Fork of the John Day River from U.S. Hy. 395 in 1937. (Archives Division photo.) 21 Official 1996 General Election Voters'Pamphlet—Partisan Candidates Attorney General Attorney General orb�� ���_, HARDY �'U,'�,,I �` , ��.: KARL MYERS SORG Democrat Socialist OCCUPATION:Attorney OCCUPATION: Retired Attorney,over 40 years trial OCCUPATIONAL experience BACKGROUND:Judicial '_ law clerk, 1964-65,private 711 OCCUPATIONAL practice since 1965. '' BACKGROUND: Law Professor,Northern Illinois EDUCATIONAL University. BACKGROUND: Bend and Prineville schools;University EDUCATIONAL of Mississippi; University of BACKGROUND:Dartmouth Oregon Law School. College,A.B.;Georgetown University,J.D. PRIOR GOVERNMENTAL EXPERIENCE:State Representative, PRIOR GOVERNMENTAL EXPERIENCE:Staff Attorney,Benefits 1975-85,House Speaker, 1979-1983;Chair,Task Force on Mass Review Board, U.S. Department of Labor Transit, 1985-86; Commission on Judicial Branch, 1983-85; Chair, Oregon Criminal Justice Council, member, State 1 believe it has become critically important that the constitu- Sentencing Guidelines Board, 1987-92; Chair, Metro Charter tional rights of individual citizens be resurrected!While prosecu- Committee, 1991-92; Chair, Governors' Task Forces on State tors target the indigent and homeless--not for criminal acts but for Employee Benefits,Compensation, 1994-95. their economic status--powerful corporations are allowed to pol- lute and ravage our environment and hold workers and commu- HARDY MYERS: PRIVATE CITIZEN, nities hostaae with threats of downsizing or closure. OUTSTANDING PUBLIC LEADER Oregon needs an Attorney General committed to serving all Son of a Central Oregon lumberman,Hardy Myers was reared Oregonians!As your Attorney General, I will fight for: in Bend and Prineville.He and his wife Mary Ann have three sons, ' the right of workers and consumers to have a voice in Hardy III, Christopher,Jonathan. Hardy has practiced law for 31 the decisions of public and private management; years while building a record of outstanding public leadership. • the protection of our old growth forests, grazing lands, air and water from corporations only interested in profit; In five legislative terms, two as House Speaker, Hardy led on • the civil rights of those who peaceably protest the issues from corrections to property tax relief and judicial reform. excesses of our capitalist economy; Surveys twice rated him Oregon's most outstanding legislator. . the recognition of sovereign Native American tribal Governors and others have relied on his mature judgment on rights; panels to improve courts,strengthen criminal sentences and draft . the right of people not to be discriminated against the Metro Charter. because of who they are or what they believe. COMMITTED TO STRONG LAW ENFORCEMENT The Attorney General is the keeper of the people's code of jus- Hardy Myers was a leader in moving Oregon to sentencing tice.As your Attorney General, I pledge to see that your interests guidelines that lengthened imprisonment for serious crimes are represented and 1rotected. lI am not beholden to those cor- against persons. As Attorney General, he will work with district porations that might threaten your interests. My support comes attorneys/local law enforcement to prevent delinquency and pun- from working women and men like you. ish crime. Recent gross violations of First Amendment rights by prosecu- tors and the police have demonstrated how rapidly the civil rights COMMITTED TO OPEN,HONEST GOVERNMENT of individuals can be taken away.It is essential that the people put Heading the state's lawyers,the Attorney General must assure a halt to such violations and prosecute the high crimes now com- that government is open and honest,and help the Governor and mitted by corporate America which endanger our health and, in Legislature shape constitutionally sound policies. Hardy will per- fact,our very lives. form this crucial work with highest integrity and dedication.Hardy TIRED OF POLITICS AS USUAL? will also stress effective child support enforcement/visitation SUPPORT THE SOCIALIST ALTERNATIVE! rights, crime victim compensation, and vigorous consumer pro- VOTE SOCIALIST! tection,especially for senior citizens. For more information: HARDY MYERS: BROAD-BASED SUPPORT (503)378-7812 Hardy Myers' supporters include statewide leaders like sporegon @igc.apc.org Governor John Kitzhaber, Neil Goldschmidt; prosecutors like http:/twww.sunsite.unc.edu/spc/spo Michael Schrunk, Patricia Sullivan, Peter Sandrock; sheriffs like Jim Spinden, Stan Robson; and other leaders and citizens throughout Oregon. He has earned your trust and support. (This information furnished by Karl Sorg.) (This information furnished by Hardy Myers for Attorney General Committee.) Karl Sorg has agreed to limit campaign expenditures for this General Election under ORS 260.180 but is not bound by that agreement because Hardy Myers has agreed to limit campaign expenditures for this General an opponent for this election has not agreed to limit expenditures or has Election under ORS 260.180 but is not bound by that agreement because exceeded the applicable spending limit. an opponent for this election has not agreed to limit expenditures or has exceeded the applicable spending limit. 23 Official 1996 General Election Voters'Pamphlet—General Information District Map �p4¢o- DISTRICTS HOUSE SENATE 54 & 55 = 27 HDOO RIVER WASCO Tygh CONGRESSIONAL = 2 Valley 218 Maupin i O 197 Wapinitia c� o W Sheniko N W A S C 0 a 218 26 -- Antelope Warm Springs O W J E F F R S 0 N My J MADRAS w' Metolius JEFFERSON 55 Culver 20 26 Redmond —_ Sisters 126 • 20 97 20 N BEND N 20 54 Brothers La Pine D E S C H U T E DESCHUTES DESCHUTES _-_----- - K - I LAKE I • LEGEND _ HOUSE DISTR ICT BOUNDARY JEFFERSON & DESCHUTES DISTRICT HOUSE DISTRICT DISTRICT NUMBER COUNTIES MAP —- COUNTY BOUNDARY 25 Official 1996 General Election Voters'Pamphlet—Partisan Candidates State Representative State Representative 55th District 55th District BOB BEN PICKARD WESTLUND �� Democrat Republican � � . OCCUPATION:Semi-retired OCCUPATION: Rancher, rancher,teacher. Businessman OCCUPATIONAL OCCUPATIONAL v BACKGROUND: Business Teacher; school administrator;sheep Owner in agricultural field rancher; legislator. EDUCATIONAL BACKGROUND:BA, EDUCATIONAL Whitman College, Education Q.t. BACKGROUND:Chapman and History; University of College, BA Oregon, Graduate Studies PRIOR GOVERNMENTAL EXPERIENCE: State Representative PRIOR GOVERNMENTAL EXPERIENCE: "Save Our Parks" (1987-1993); Legislative committees included: Children's Issues, Critical Issues Council Water Policy, Environment & Energy; Forest Products Task COMMUNITY SERVICE: Former school board member. Force. Supporter: Little League, soccer,4-H and FFA. Member: Friends COMMUNITY SERVICE: Redmond School Board; Habitat for of the Library and High Dessert Museum. Bend Bandits Humanity; Oregon Hunters Association; Rocky Mountain Elk Ownership Group, founder: Rowdy the Reading Raccoon Foundation;Deschutes County Board of Equalization;Deschutes Program. County Extension Advisory Board. BEN WESTLUND SUPPORTED BY CENTRAL OREGON'S EDUCATION TOP LEADERS "Ben has lived and worked in Central Oregon for almost 20 Bob co sponsored the Oregon Education 2000 Act and has been deeply involved in making it work for the future of our kids. Bob years. He understands the region, its people and their concerns. helped open college opportunities in Central Oregon and other Ben Westlund is choice for District 55." rural communities.As a former teacher and school administrator, Former Congressman Bob Smith Bob knows we need to focus our resources to reduce class sizes "In all the years that I have worked with Ben the characteristic and to cut red tape clogging the school bureaucracy. that stands out the most in my mind is his integrity." ENVIRONMENT&ECONOMY Representative Lynn Lundquist "Ben Westlund will carry on the tradition of strong Central Bob believes the issues facing Oregon are larger than the partisan bickering that plagues the process. He has built a solid Oregon leadership for the state,and reputation of balancing the need for stable jobs and the need to him represent our values." will be proud to have Oregon House Speaker Bev Clarno protect our environment. He has received high legislative ratings from both Associated Oregon Industries and the League of OREGON COUNCIL OF POLICE ASSOCIATIONS Conservation Voters,proving you can help build jobs and care for OREGON FARM BUREAU the environment at the same time. Endorses Ben Westlund Bob sponsored a workers'compensation plan that The Oregonian BEN WESTLUND'S COMMON SENSE APPROACH called"well-balanced"(2/21/90). He passed legislation to protect Our government has become bogged down,complex, and 90 miles of the Deschutes River. Bob also sponsored an update ineffective. Hundreds of useless laws weaken the good.Oregon of water records to assure wise use of scarce resources. is too big and diverse for"one size fits all"legislation. Local EXPERIENCE officials must have the opportunity to develop local solutions. Taxes and Spending. I will be a strong voice for Oregon Bob has provided strong leadership for Central Oregon. Asa taxpayers. You know how to spend your money better than the State Representative, he supported tougher penalties on drug dealers and addicts, stable veterans farm and home loan pro- gram, local highway improvements, and tougher ethics laws for Crime.More jails only serve as a temporary solution.We must politicians. focus on prevention, especially for juveniles, to solve long term crime problems. As fiscal conservative, Bob Pickard has proven he can cast the Growth.Oregon is a beautiful place to live and work.There are tough votes against tax increases. He listens carefully and sets tough choices to make to keep Central Oregon livable.I will make strict priorities for state pending. those choices. BOB PICKARD HAS EARNED OUR TRUST Education. We must refocus on the classroom. Money is not the only answer, we need to empower our teachers to do their jobs. Local control is a necessity. (This information furnished by Friends of Bob Pickard.) Ben Westlund believes in"CITIZEN LEGISLATURE"and TERM LIMITS. Bob Pickard has agreed to limit campaign expenditures for this General Election under ORS 260.180. (This information furnished by Committee to Elect Ben Westlund.) Ben Westlund has agreed to limit campaign expenditures for this General Election under ORS 260.180. 27 Official 1996 General Election Voters'Pamphlet—General Information Libertarian Party Statement 1. Do you feel you are taxed too little or too much? 2. Do you feel that the government is too small or too large? 3. Do you feel the government has taken too little of your freedom or too much? Community Values- Libertarians believe values are important to any community.We believe that values should be established in families and community institutions and cannot be set by the government.We support the right of everyone to promote their values but will protect the constitutional rights of those who disagree.We oppose censorship,but are determined to protect children. Education-Libertarians want all children to receive a quality education.We support alternatives to the public school system which expand parental options,encourage innovation,and provide relief to crowded public classrooms. Taxation- Libertarians agree that the legitimate functions of government must be financed.We support the replacement of income and property taxes with non-coercive funding alternatives.We support the notion that the government should not use bonds to pay for any future projects that it may propose. Welfare-Libertarians want to help those struggling to get out of poverty. We support the replacement of the public welfare system with a private one, centered around community-based institutions like churches, civic organizations, and charities. We support the elimination of corporate welfare. Crime-Libertarians support punishment for criminals.We support the right of crime victims to seek restitution and to be heard dur- ing sentencing. We favor the repeal of civil forfeiture laws, where property is confiscated without a trial. We oppose the use of limited criminal justice resources on crimes where there is no victim. Drugs-Libertarians support ending drug prohibition to free police to fight violent crime,clear prison space for violent offenders,and deprive gangs of their chief source of income.The war on drugs has wasted taxpayer dollars and has taken away our civil liberties. Health Care-Libertarians want to make health care more accessible to everyone.We support the expansion of private alternatives such as the establishment of Medical Savings Accounts. We will make health care affordable by eliminating regulations which limit options and increase costs. We would replace the FDA with a system of private certification to enhance safety, increase account- ability and control costs. Labor-Libertarians honor labor and want a condition of maximum employment.We support replacement of state licensing and cer- tification with a system of private certification.We support the right of workers to form unions and strike,but also support the right of owners to seek alternative sources of labor.We support a wage and price structure that is determined by market forces. Land Use - Libertarians support property rights. We believe property owners deserve compensation when the value of their property is reduced by the actions of others. Property owners should be permitted to develop their properties in any manner they choose provided they accept the associated responsibilities and do not violate the rights of others. Environment- Libertarians support the goal of a clean, healthy, and balanced environment. We favor the replacement of punitive environmental policies with market-based policies.We support the privatization of public lands to prevent their exploitation. Government Efficiency-Libertarians support a small and limited government and the elimination of unnecessary government ser- vices.We support the privatization of those that could exist in the private sector,or could be run more efficiently through community institutions. The Libertarian Party stands for decentralized government, economic freedom, personal liberty and individual responsibility. If you believe in a principled approach to politics; if you believe in liberty,justice,and tolerance for all; if you realize that free markets and voluntary communities are only just means to universal abundance and universal charity, PLEASE VOTE LIBERTARIAN! More Information: Libertarian Party of Oregon 1-800-829-1992 http://www.teleport.com/-Ipo/ E-Mail: Ipo@teleport.com (This information furnished by Libertarian Party of Oregon.) 29 Official 1996 General Election Voters'Pamphlet—General Information Reform Party Statement Oregon's REFORM PARTY: Principle Above Politics In 1992, Oregon voters shocked a complacent two-party system by giving Ross Perot more than 24 percent of the state's presi- dential vote. That result created a new major political party in Oregon equivalent to the Democrats and Republicans. Soon after the election, early in 1993, citizens from around the state assembled in Salem to formalize that new party and named it the American Party of Oregon. That handful of people committed to giving citizens a"better choice at the polls"grew,three years later,to more than 18,000 mem- bers.Now,still committed to giving Oregon voters a better choice,the Party changed its name to the REFORM PARTY OF OREGON and allied with the national Reform Party sponsored by Ross Perot. A THIRD CHOICE Why did we have such phenomenal growth?How could we organize a new party nationwide in just a few months?Because people like yourself are disenchanted with the failures of the Republican and Democratic Parties. Is a third choice really good for our country? History has told us YES. It is a fundamental fact that competition spurs excellence. Yet,when it comes to electing new government leaders,the special interest forces in this country tell us otherwise.They want us to believe that the two-party system is working just fine.Yet it was this two-party system the Republicans and the Democrats which ran up an unprecedented debt for our nation. It was this two-party system in Oregon which increased government spending at a rate beyond inflation and population growth,slashed property tax relief and compelled concerned citizens across the state to swamp our ballots with citizen initiatives in efforts to make government more responsive and responsible to the citizens.It was this two-party sys- tem that in too many races has forced our citizens to vote for—not the candidates they think will do the best job but—the candi- dates they think will do the least harm! The Reform Party of Oregon is determined to give you a third choice. A choice of citizen candidates, not career politicians. Candidates who have pledged to not take special interest PAC money. Candidates who believe that government too often creates more problems than it solves. Candidates who believe that laws which rule the conduct of citizens and government must be readily understood by officials and common people alike. In this Voters Pamphlet you will find third choices placed on your ballot by the Reform Party of Oregon. REFORM PARTY OF OREGON PRINCIPLES: • We believe in a government responsive to the citizenry and accountable for the actions of both elected and non-elected officials. • We believe in uniting Americans in the belief that citizens have both rights and responsibilities in society. • We believe in government fiscal responsibility and the need for balanced government budgets at all levels to ensure that our nations's future is secure. • We believe that,to promote the equality of opportunity to all Americans, government should ensure a basic level of support ser- viQes,with an emphasis on self help and empowerment of the recipients. • We recognize that the relationship between mankind and the environment is one of dependence,and must be carefully managed. Therefore,the needs and rights of future generations to a clean,safe and bountiful environment shall be balanced with the needs of the current generation. • We believe that government should cooperate with and support both business and labor to assure the economic security of our country. • We believe in American participation in international organizations seeking peace,free and fair trade, protection of the environ- ment and encouraging human rights. However,we will not support any action that undermines the United States Constitution, sov- ereignty,or economic well-being. Our principles embrace neither the right nor the left—we embrace the basic concerns of all Americans. Many of us prefer to be called the Radical Middle.We believe citizens can make better choices if they are given choices that are controlled by principles and not politics.Our party was one of the sponsors of 1992's successful campaign finance reform which helps level the political playing field by restricting how much money special interests can spend to influence elections.Our candidates bring grass-roots ideas to the political arena;they are not tied to platforms written by people who don't even live in their districts. IT'S YOUR CHOICE If you agree with us that government and politics has gotten too far out of control,then we ask you to show your anger—not by drop- ping out of the process—but by voting for Reform Party candidates and registering yourself as a member of the Reform Party of Oregon. It is the least expensive way to express your anger as to how your government is treating you,the citizen. For Information:Contact Reform Party of Oregon, State Headquarters, 1220 Jackson St.,Suite A,Albany,OR 97321 Tel:541-924-9656; Fax:541-2478; e-mail bonville@cdsnet.net; Visit us on the Internet:http://reform-party-or.org (This information furnished by Reform Party of Oregon.) 31 Official 1996 General Election Voters'Pamphlet—General Information Socialist Party Statement Since 1901,the Socialist Party has fought for working women and men like you. We fought the laissez-faire Republicans in the 1920's, yet they now offer the same disastrous policies. We laid the foundation for the New Deal that the Democrats have rapidly abandoned.We hear candidates wax eloquently about the"good old days,"but they ignore the fact that America's era of post-World War II prosperity was characterized by: progressive taxes strong labor unions balanced federal budgets. Only the Socialist Party stands for all three! While Oregon's other political parties offer vague rhetoric or narrow issue cam- paigns,only the Socialist Party offers integrated solutions to interrelated problems. The Socialist Party believes that democracy means more than a ballot box! Genuine democracy means a political system which allows universal access and guarantees accountability, both of which the Republican and Democratic Parties have consis- tently failed to offer! The Socialist Party believes in a democratically governed society, with a democratically managed economy, where EVERYONE has a genuine say in the decisions which affect our day-to-day lives. When you cast a vote for the Socialist Party,you cast a vote for -a progressive tax system where wealthy individuals,families,and corporations pay their fair share of taxes; -the right of a job at a living wage for each member of society; -the right of ALL workers to organize,engage in collective bargaining,and to participate in economic decision-making; -the repeal of NAFTA and GATT to be replaced with democratic institutions that reflect labor, consumer and environmental interests; -a new corporate charter system where corporations are required to meet labor,environmental,consumer,and community needs in order to conduct business in Oregon; -placing utilities under the ownership of the people so that prices and supply meet human need, not corporate greed: -a timber policy that bans clear-cutting on both public and private land in order to maintain timber jobs and protect our forests; -an overall environmental policy that puts the health and welfare of all living things before profit; -sustainable agriculture which preserves the land and small family farmers; -a society built on peace and communiy,not violence and separation: --single-payer health care that provides universal coverage because health care is not viewed as a"privilege"but a BASIC human right; -the belief that each person has intrinsic value and should be free to control their own bodies,choose their own lifestyle and be the best person they can be without fear of discrimination or denial of rights; -democratizing our political system by promoting proportional representation,comprehensive campaign finance reform,free access to the public airwaves,and easier ballot access for political parties. ARE YOU TIRED OF POLITICS AS USUAL? DO YOU BELIEVE ITS WRONG FOR A SOCIETY TO DENY BASIC HUMAN RIGHTS TO THE MAJORITY OF ITS CITIZENS? DO YOU WANT TO JOIN THE DEMOCRATIC REVOLUTION TO CHANGE THE SYSTEM? The aim of democratic socialism is to build a world of peace,justice and equality.We aim to develop an economy that provides the necessities of life--food, housing and health care--for all; an economy which protects the resources of the earth, and provides the foundation for a culture of care and creativity. JOIN US! SUPPORT THE SOCIALIST ALTERNATIVE! VOTE SOCIALIST!! President: Mary Cal Hollis Oregon Senate: Vice President: Eric Chester District 7: Richard Alevizos U.S.Senate: Christopher Phelps District 11: Margaret Baker Congress: District 30: Rohn Webb 1st District: David Princ Oregon House: 3rd District: Victoria Guillebeau District 6: Jon Axt 4th District: David Duemler District 12: John Hryciuk 5th District: Trey Smith District 14: Oliver Tracy Secretary of State: Mark Furman District 60: Darlene Webb Attorney General: Karl Sorg State Treasurer: Nan Perigo For more information: Socialist Party of Oregon 333 State St. Salem,OR 97301 (503)378-7812 sporegon@igc.apc.org hftp://sunsite.unc.edu/spc/spo (This information furnished by Socialist Party of Oregon.) 33 Official 1996 GeneralElection Voters'Pamphlet—General Information INDEX CANDIDATES Page Page Ash, Stan.............................................................................. 16 Kemp,Jack.......................................................................... 6 Ashbrook, Elizabeth............................................................. 16 Kutcher,Gary....................................................................... 10 Browne, Harry...................................................................... 4 Luke, Dennis R..................................................................... 26 Bruggere,Tom...................................................................... 10 Meyers,John Vincent........................................................... 19 Bryant, Neil........................................................................... 24 Mohn, Paul(Stormy)............................................................ 11 Clarno, Bev.......................................................................... 18 Myers, Hardy........................................................................ 23 Clinton, Bill........................................................................... 5 Nader, Ralph........................................................................ 8 Cox,Thomas B.................................................................... 22 Perot, Ross.......................................................................... 8 Dole, Bob............................................................................. 6 Phelps,Christopher.............................................................. 11 Dugan, Mike......................................................................... 13 Phillips, Howard................................................................... 9 Furman,Mark....................................................................... 17 Pickard, Bob......................................................................... 27 Gore,Al................................................................................ 5 Smith,Gordon...................................................................... 12 Hagelin,John....................................................................... 7 Smith, Robert F. (Bob)......................................................... 13 Hill,Jim................................................................................. 18 Sorg,Karl............................................................................. 23 Hoffer,Victor......................................................................... 22 Thompson, Brent.................................................................. 12 Hollis, Mary Cal.................................................................... 7 Westlund, Ben...................................................................... 27 Jorgensen,Jo....................................................................... 4 Work, Elli.............................................................................. 26 Keisling, Phil......................................................................... 17 ATTENTION: Don't be alarmed if this copy of the 1996 General Election Voters' Pamphlet has one or two 1/4-inch flaps as illustrated. To reduce the cost of this publication, the combination of pages and the type of printing press used may require the flap(s) to ensure proper binding. The Voters' Pamphlet is NOT missing any pages, the flap is only a product of the printing press used. Thank you. 35 Deschutes County Voters' Pamphlet ................ X . t gill. g.- d F S • i j MARY SUE "SUSIE" PENHOLLOW COUNTY nm DESCHUTES :aF:f. ES �o Office of the County Clerk , .. / Administration Bldg., 1130 N.W.Harriman,Bend,Oregon 97701 (503)38B-6544 -- Mary Sue"Susie'Penhollow.County Clerk Dear Deschutes County Voter: At the Nov. 5, 1996 General Election, you will be asked to make many important choices. This Voters' Pamphlet is a cooperative effort between the Deschutes County Clerk and the Secretary of State. It is provided to help you become a well informed voter as you cast your ballot on Nov. 5th. Due to the number of state ballot measures and arguments, the Secretary of State will produce two voters' pamphlets for this election. The first voters' pamphlet contains all state measures -- including explanatory statements and paid arguments for or against the state measures. In this second pamphlet you will find a Deschutes County Sample Ballot, which lists all of the candidates and measures on the ballot and actual texts of the various measures. Each candidate had the opportunity to submit a picture and statement regarding his/her candidacy. The names of the candidates will appear in a random alphabet on your ballot. There is an alphabetical index of local candidates and measures for Deschutes County on Page 9-31. Please remember, you will not vote on every office or measure in this pamphlet. Your ballot will contain only those issues for which you are eligible to vote - based on where you live. Feel free to take the sample ballot to help you at the polls. If you have any questions about the election process, please call me at 388-6544. Sincerely, Mary Sue "Susie" Penhollow Deschutes County Clerk Qiltaality Services Performed with Pride 9-3 Official Deschutes County 1996 General Election Voters' Pamphlet City of Sisters Measure No. 9-40 PROPOSED BY INITIATIVE PETITION ARGUMENT IN FAVOR BALLOT TITLE REQUIRES A CITY WIDE VOTE ON ALL AMENDS CITY CHARTER'TO REQUIRE VOTER ANNEXATIONS APPROVAL OF ALL ANNEXATIONS. Vote YES on Measure 9-40 QUESTION: Shall all future annexations,unless man- dated by state law, require a majority vote of Sisters' electors to be valid? "How do we maintain our livability as new SUMMARY This initiative amends the Sisters City development occurs? Charter as follows: ' 'How fast should we grow? "How big is big enough? Vote on Annexation: This measure would require voter approval before the city "The city shall include all territory encom- limits could be expanded. passed by its'boundaries as they now exist or hereafter It's time for Sisters to adopt the same democratic review are modified by a majority of voters.Unless mandated process that has served Corvallis so well over the past by State law, any annexation,delayed or otherwise,to twenty years. the City of Sisters may only be approved by a prior,ma- jority vote among the electorate." Citizen involvement in Sisters'future will: This measure will require,voter approval be- 1)Improve the quality of development. Currently,land can fore any annexation, delayed or otherwise may be ap- be brought into the city before developers detail their plans proved. I for development.This measure would encourage that there be public discussion of future development proposals in- cluding parks, open spaces, bike paths, collector streets, EXPLANATORY STATEMENT etc.in order to gain public approval. Initiative Petition No.96-1 having Ballot Title"REQUIRES In Corvallis most requests for annexation are eventu- A CITY WIDE VOTE ON ALL ANNEXATIONS" amends ally approved, but not always on the first vote. Often the City Charter. It is simply a measure that will allow the developers have reworked their proposals to improve voters of the City of Sisters a direct voice in all annex- their quality in order to gain approval after initial voter ations proposed by the City Council. rejection. The voters will have the final say as to whether or not an 2)Give voters a direct voice in the rate of expansion of our area shall be annexed to the City of Sisters. community. If the public believes the city is not growing fast enough, it will likely approve most requests for an- After passage of this Initiative, all future city annexation nexation. When we believe the City is growing too rapidly proposals will appear on subsequent election ballots for before necessary infrastructure is in place, this measure voters'acceptance or rejection. will provide a tool to put on the brakes. Over the last 15 years Sisters has had an annual growth rate of approximately 2%. This rate has been manageable and provides a guideline for controlled growth. 3) Broaden civic participation by involving voters in deci- sions that directly influence their lives. Citizen involve- ment in managing growth will encourage a greater sense of community and likely will lead to greater involvement in all civic activities. This information submitted by Dorothy V. Groom, Convener Committtee to Save Sisters (printed exactly as submitted) The printing of this argument does not constitute an endorsement by Deschutes County,nor does the county warrant the accuracy or truth of any statement made in the argument. Submitted by Dorothy V.Groom,Committee to Save Sisters. NO ARGUMENT AGAMT TRIS MEASURE WAS BLED 9-5 CONTINUED-+ Official Deschutes County 1996 General Election Voters' Pamphlet Deschutes County County Commissioner, Position 2 LINDA L. SWEARINGEN REPUBLICAN OCCUPATION: Redmond Chamber of Commerce Ex- ecutive Director DESCHUTES COUNTY OCCUPATIONAL BACKGROUND: Real Estate Broker; CANDIDATES High School and Middle School Coach EDUCATIONAL BACKGROUND: Redmond High School, CONTINUE 1975;Attended Central Oregon Community College and ON PAGE 9-8 the University of Oregon;Master of Public Administration, Lewis and Clark College, 1992 PRIOR GOVERNMENTAL EXPERIENCE: Mayor of Sis- ters,Oregon;Sisters Planning Commissioner;Deschutes County Budget Committee Member;Central Oregon Dis- trict Hospital Board of Directors; City and County Insur- ance Trustee; Oregon Mayors Association Board of Di- rectors;Central Oregon Intergovernmental Council Board of Directors;Oregon Department of Environmental Qual- ity—State Revolving Loan Fund Rules Committee Chair- person; Governor's Transportation Initiative Committee Administrator;Deschutes County Watershed Council COMMUNITY SERVICE Redmond Humane Society Board President;Community Theater of the Cascades Board of Directors;The Ameri- can Red Cross Board of Directors; St. Charles Medical Center, Planning and Development Committee; Central Oregon Youth for Christ Board of Directors; Central Or- egon District Hospital Foundation Board of Directors;U.S. West Communications Oregon Advisory Board of Direc- tors; Deschutes County Childrens Foundation Board of Directors WHAT OTHERS ARE SAYING ABOUT LINDA SWEARINGEN "Swearingen has served as a mayor, planning commisssioner and hospital board member. She has worked with the Redmond Humane Society,the Commu- nity Theatre of the Cascades, the American Red Cross and other organizations. With life and work experience in government and business throughout much of Deschutes County, Swearingen is well-prepared for the county com- mission. In fact, thereg are few people in,Central Oregon with a better resume for local elected office." --The Bulletin, May 6, 1996 "Linda Swearingen has the courage to lead!" --Redmond Mayor Jerry Thackery "Swearingen has the experience, the committment and the tenacity to demand excellence from Deschutes County employees. Given the chance she will be an outstanding Deschutes County Commissioner." --Oregon House Speaker Bev Clarno (This information furnished by Linda L.Swearingen) 9-7 CONTINUED4 Official Deschutes County 1996 General Election Voters' Pamphlet Deschutes County Deschutes Soil and Water Conservation District Director, Zone 5 Director, Zone 5 NO NO PHOTO GARY D. PHOTO THEODORE SUBMITTED KAPLAN SUBMITTED "TED" G. SCHOLER NONPARTISAN NONPARTISAN OCCUPATION: Self employed; Member- Chicago Mer- OCCUPATION: Realtor cantile Exchange OCCUPATIONAL BACKGROUND:Small business owner- OCCUPATIONAL BACKGROUND: Long time commod- operator;Resort General Manager;Montana Guest ranch ity trader in the agricultural markets of the Chic.Merc.Exch. owner-operator;Hospital Rehabilitation Administrator Also extensive Meat Packing& Retail Meat experience. EDUCATIONAL BACKGROUND: B.S. Degree from the EDUCATIONAL BACKGROUND: S.U.NY-Syracuse N.Y. University of Utah;Graduate work at University of Minne- PRIOR GOVERNMENTAL EXPERIENCE: None sota PRIOR GOVERNMENTAL EXPERIENCE:City of Umatilla, Oregon Budget Committee and Planning Committee. Chairman of Planning Committee, City of Rockaway Beach,Oregon.Director,Zone 5 Deschutes Soil and Wa- ter District. Ted has lived in Deschutes County for ten years in the Zone 5 area. He owns his home and is active as a volun- teer in several civic organizations. Ted has previously served as a Director for Zone 5 and is an Associate Direc- tor. Ted currently is an active Director of LaPine Commu- nity Campus. Ted also serves on the Newberry Crater Geo Thermal Advisory Committee and the Millican Valley Off-Road Vehicle Advisory Committee. Ted brings experience as a ranch/land owner who has an extensive background in government relations to this po- sition. (This information furnished by Gary D.Kaplan.) (This information furnished by T.G.Scholer.) 9-9 CONTINUED- Official Deschutes County 1996 General Election Voters' Pamphlet City of Bend City Council r`e. BRYAN KEN CHITWOOD COOPER PQ NONPARTISAN ���' NONPARTISAN E t a ax OCCUPATION: OCCUPATION: Retired Freelance writer,outdoor group leader: •Contributing Editor,Outdoor Retailer; OCCUPATIONAL BACKGROUND: Oregon National • Contributing Editor, Outdoor Retailer's Daily Exposure Guard, 1947-1957;Logging, 1950;Tool Rental Shop Man- (trade show publication); ager,1951;Television Repairman and Shop Owner,1954- *Author of Gear Box,weekly feature in The Oregonian,San 1959; Educator in Burns H.S., Bend H.S. and Mt. View Jose Mercury-News and Spokesman-Review (Spokane, H.S.,1960-1993(Political Science,Modern Problems,U.S. Wash.); History, and U.S.Government • Press Room Director, 1995& 1996 Tour DuPont; rY� ) •Part-time Outdoor Group Leader for Bend Metro Parks& EDUCATIONAL BACKGROUND: Cottage Grove Union Rec District--cycling,canoeing, hiking,crosscountry skiing. High School, 1949;Oregon Technical Institute, Electronic OCCUPATIONAL BACKGROUND: Technology,1952-1953;University of Oregon,Bachelor of • Editor,The Bend View,The Lookout; Science Degree, Education, 1955-1959;NE Lortdon Poly- • Reporter, Loudoun Times-Mirror, Leesburg,Va. technic School (England), Political Science, 1977. •Editor,The Southwest Virginia Enterprise,Wytheville,Va. • Manager,Tipton Manor Farms, Draper,Va. PRIOR GOVERNMENTAL EXPERIENCE: Executive sec- • Lift Mechanic, Mt.Bachelor Ski &Summer Resort. retary in Cottage Grove National Guard, Campaign Man- •Media Director,Cascade Cycling Classic ager for local political candidates,Campaigned for several EDUCATIONAL BACKGROUND: local civic issues and candidates, currently a member of •Graduated Pulaski High, Pulaski,Va. 1970 the Bend Library Service District Board. •Art history and world literature major,Virginia Common- wealth University, Richmond,Va. I have been involved in the educational,political,and PRIOR GOVERNMENTAL EXPERIENCE: • economic development of Bend since 1964. 1 believe a Appointed to Bend City Commission 1993; •Elected to 2-year term, Bend City Commission, 1994. person should be active at some level in the community in •City's representative to Central Oregon Economic Devel- order to be an involved citizen. These activities include opment Council. everything from just expressing ones opinion in the letter The threats to Bend's quality of life and economic well- to the editor,to being involved in local community organi- being are greater than ever. As city councilor, I will con- zations,to the all important act of voting. If elected, I will tinue work on projects undertaken in the last two years: devote a large share of my time to the City Council. *insuring that a few powerful neighbors don't shut the I want to protect our past while we and our develop- public out of Drake Park; *killing once and for all the proposed"southern crossing" ers produce the future. We can not afford to lose our soul of the Deschutes, saving the river canyon south of down- while rushing madly into the 21st Century. Those issues town; such as green space,clean water and air,transit and strip *bringing a transit measure to voters; development must be faced now when we still have.the *focusing development within the city(including Heritage opportunity to mold our community. Square, downtown parking structure) to insure a viable downtown; Bend is a good place to live and work. Let's keep it *adopting tough guidelines to curb sprawl--making devel- that way. opment pay its way; *finding funding package to address all of Bend's trans- portation problems:street maintenance,transit,sidewalks, bike facilities. The improved working relationship between the city and the park&rec district must be strengthened to insure we have parks and open space needed for a world-class city. We also need quality employment,and must continue to attract family-wage jobs--such as Lance Air, which the city successfully brought to town--by establishing a city eco- nomic development officer. (This information furnished by Kenneth K.Cooper.) (This information furnished by Bryan R.Chitwood) 9-11 CONTINUED4 7 7177- Official Deschutes County 1996 General Election Voters' Pamphlet City of Bend City Council NO PATRICK 1 TONY PHOTO MICHAEL HENDERSON SUBMITTED HAYES NONPARTISAN �',a NONPARTISAN OCCUPATION:Bicycle Mechanic--Hutchs Bicycles,Bend; OCCUPATION: %Teacher, Bend-La Pine and Redmond Mount Bachelor Ski Education Foundation--Racing Staff School District, 1992 to present Coordinator, Bend. OCCUPATIONAL BACKGROUND:Electronic Technician, OCCUPATIONAL BACKGROUND:Landsystems Nursery, 1986-1990; Circulation Manager, magazine, 1983-1996; Bend, 1992-1996, Customer Service Manager. Provided Salesman, Project Supervisor, construction company, irrigation/landscape design and consultation. Jonathan 1981-1983 Jones Landscaping, Palm Springs, 1991-1992, Grounds EDUCATIONAL BACKGROUND:Graduate Teacher Edu- Maintenance Manager, Interfaced with Board of Directors to plan and effectively implement maintenance for the cation Program, 1992, Portland State; B.A, 1980, St. Lawrence University Westin Resort. EDUCATIONAL BACKGROUND: California Polytechnic PRIOR GOVERNMENTAL EXPERIENCE: None State University, San Luis Obispo, California, B.Sc.Horti- Ten years ago when my wife and I moved here we fell culture, 1991 in love with the tree-lined streets, Drake Park and down- PRIOR GOVERNMENTAL EXPERIENCE: None. town. Now our streets are congested,the air isn't as clean, When asked why Im running for city councilor I an- developments sprawl in all directions,and our schools are swer that it is the best way to say"Thank You"to this city crowded. for making me so welcome. As a relative newcomer(4.5 years),and younger resident I recognize that I have a re- sponsibility to contribute to make this place safe, inviting I can provide the leadership to create a shared vision for a and vibrant. town where people know their neighbors and enjoy clear Since 1992 Ive contributed time with several commu- air, clean water, and safe streets. We need to design a nity groups including Habitat for Humanity,Healy Heights, city that understands how people relate to their surround- Bicycling for a Better Community, and Mt. Bachelor Ski ings,and preserves Bend's character. Growth should not Education Foundation. My work with these groups will come at the expense of livability. continue, but I now wish to push myself farther. If elected, I will work to achieve the following goals: City Council is the next step Id like to be responsible . Bring the decision-making process to the public. We to my neighbors and give back more than Ive been given need more open houses and design workshops that invite Involving more people with governing themselves and tak- the public to voice their opinions. ing control are parts of my plan. Most issues facing the .Encourage mixed use and compact development so em- city also,or soon will,face our friends in the region. If we ployment and basic services are within walking or biking work collectively towards solutions, sharing resources to distance of where people live. I support mixed-use projects a common end, we can create stronger local bonds and like Heritage Square, RiverBend, and the Shelvin/River will eliminate waste and redundancy. park. Issues important to me include: Keeping Drake Park open for all public gatherings, finding a fiscally respon- sible yet beneficial use for the Tower Theatre,getting youth .Maintain Bend's Urban Growth Boundary by better using involved in their town, and interagency/interdisciplinary available land,through infill and redevelopment. work to promote and attract family supporting industry/work •Provide a balanced transportation system,including tran- for our well being. sit. Ive spent the last 5 years working with a variety of •Preserve open space by expanding parks and develop- people in some difficult situations. I'd like to put the skills ing a city-wide trail system Ive sharpened to work for you and with you, my neighbor. .Encourage affordable housing. •Keep our music concerts in Drake Park. (This information furnished by Patrick Michael Hayes) (This information furnished by Tony Henderson.) 9-13 CONTINUED-+ Official Deschutes County 1996 General Election Voters' Pamphlet City of Bend City Council JOHN ORAN SCHUBERT TEATER NONPARTISAN NONPARTISAN OCCUPATION:Trails Specialist,Deschutes National Forest; OCCUPATION: Investment Consultant/Branch Manager; Employee Commute Options Coordinator,St.Charles Medi- Investment Management& Research 1985-present cal Center. OCCUPATIONAL BACKGROUND:Investment Consultant, OCCUPATIONAL BACKGROUND:Founder/Director,Trans- Dean Witter Reynolds-1984-85; Investment Consultant- portation Options,Commute Options Week,and Biking for a Shearson/American Express- 1983-84; Owner/Manager Better Community, programs of the Central Oregon Envi- _Acme Personnel Service 1974-1983;Assistant General ronmental Center;writer;teacher;carpenter;ranch caretaker; field scientist; Peace Corps Volunteer. Manager- Inn of the Seventh Mtn 1971-1974 EDUCATIONAL BACKGROUND: B.A. Middlebury College EDUCATIONAL BACKGROUND:Southern Oregon State (Phi Beta Kappa). College-Ashland-BS Degree Business&Marketing 1969 PRIOR GOVERNMENTAL EXPERIENCE:Bend Design Re- PRIOR GOVERNMENTAL EXPERIENCE: Urban Area view Committee and Urban Trails Advisory Committee; Planning Advisory Committee 1978 Deschutes County Community Transportation Committee and Bicycle Advisory Committee;River Bend Development Civic Involvement Advisory Committee; Downtowners for Better Transporta- _1980-81 President,Bend Chamber of Commerce; 1976- tion;Chair, Commute Options Working Group;Chair, Cen- tral Oregon Mountain Bike Education Task Force 82 Board of Directors Bend's charming neighborhoods, riverfront parks,and daz- -1978-present Greater Bend Rotary Club;Board of Direc- zling mountain views set us apart as a very special town. tors 1986-88, 1993-95 However, our future livability is in jeopardy due to rapid growth. 1990-1994 Great Drake Park Duck Race Board of Direc- To retain our unique character and economic vitality,we must tors chart a bold course to the livable place we want Bend to 1987-88 United Way Campaign, Small Business Chair become. Anything less will lead us to the fate of a thousand 1993-94 Central Oregon Community College Founda- once beautiful American towns,now lost to sprawl,gridlock, and pollution. We deserve a better future. tion; Meal of the Year Committee GOALS FOR A LIVABLE BEND - 1992-present Bend School Foundation, Co-Chair --Create a balanced transportation system for pedestrians, _1992-1995-Cascade Middle School, Site Council transit,cyclists,and autos.Today,our auto-dominated streets are extremely costly,serve many residents poorly,and erode - 1985-1991 - Growing Tree Childrens Center, Board of our clean air and livability. Directors-Chair 1987-91 --Sustain economic vitality AND quality of life, recognizing 1978-Bend Urban Area planning Advisory Committee that they are interdependent. --Protect existing neighborhoods and downtown from impacts 1978-80 Up with Downtown Bend Revitalization Commit- of sprawl. tee(Bill Healy, Chairman) --Provide more open space,parks,and a city-wide trail sys- 1988.1994-Bend Little League and Basketball Coach tem. --Support creation of affordable housing and family wage "I have no single issue cause in my candidacy for city com- jobs. mission, rather a common sense approach to the chal- --Ensure that new development enhances livability for all lenges of growth & quality of life in Bend. I offer my 25 residents. years in Bend, along with a long history of volunteer in- John's record proves his commitment to a livable Bend. His volvement to bring a moderate,business like approach to work has been recognized with awards from the Bend Clean Air Committee and the Deschutes County Bicycle&Pedes- the City Commission." trian Advisory Committee. Midge Cross of the Bend Plan- ning Commission characterizes John as"a pragmatic vision- ary and capable coalition builder". -VOTE JOHN SCHUBERT FOR A LIVABLE BEND- (This information furnished by the Committee to Elect John (This information furnished by Oran Teater.) Schubert, Barbara Tyler, CPA, Treasurer.) 9-15 CONTINUED4 Official Deschutes County 1996 General Election Voters' Pamphlet City of Redmond City Council ROBERT RANDY JOSEPH POVEY GREEN NONPARTISAN °! NONPARTISAN . a� OCCUPATION: General Contractor;Bob Green Contract- OCCUPATION: Povey and Associates Land Surveyors; ing(Owner)since 1963;Residential excavation specialty. 1980-present OCCUPATIONAL BACKGROUND: Timber and sawmill; OCCUPATIONAL BACKGROUND:Mansfield-Povey Land Purchasing,construction&maintenance supervision and Surveyors; 1965-1980 corporate pilot;for Crown Pacific;Gooselake Lumber;WTD EDUCATIONAL BACKGROUND:O.T.I.,Associate Degree Corp.;Logging company owner;aircraft sales;logging and in Land Surveying; U of O, 3-years; South Eugene High construction machinery sales;heavy duty mechanic;heavy School, graduate; Redmond Elementary equipment operator and eight years U.S. Naval Reserve Submarines. PRIOR GOVERNMENTAL EXPERIENCE: Redmond City EDUCATIONAL BACKGROUND: Eleventh grade, Council, 3 years; C.O.I.C. Board Member, 2 years; Roosevelt High School,Seattle,Wn.Aircraft Commercial, Redmond Site and Design Review, 2 years; Founding member of Downtown Redmond Flag Committee; Found- Instrument, Multi-Engine Pilot. ing member of Central Oregon Air Show PRIOR GOVERNMENTAL EXPERIENCE:Various Citizen Committees Being born in Redmond and having lived most of my life here,many changes to our community have occured. My objective on Redmond City Council is to preserve Redmond The City of Redmond is in a very important phase, going as a town our children will want to, and be able to raise from Small Town America, to Central Oregon's Hub City. their children in. Participation in shaping Redmond's future,giving due con- My objective is not just words. I am willing to devote the sideration and forethought to each item presented and time to plan for the jobs,traffic and infrastructure systems voting in the best interest of the City of Redmond and Citi- necessary to keep Redmond livable and prosperous. zens thereof is my concern. It will be a great honor and awesome responsibility to sit on The Redmond City Coun- can preserve the Redmond may grow the size of a city someday, but we cil. town flavor we know as "Friendly Redmond". I wish others will follow my example of getting I was born in Springfield,Oregon on May 10th 1936. GOD involved,thus gaining personal ownership in the develop- has blest me and mine in so many ways. I want very much ment of our town. to contribute something of myself to the service of my coun- trymen and women. In my travels throughout The United States, Canada and Mexico, I find that we, in the f&h- west have been given preferential treatment by ou re- ator. I will keep these thoughts as I carry out the duties of this office. MAY GOD BLESS AND KEEP YOU ALL Bob Green (This information furnished by Bob Green.) (This information furnished by Robert R.Povey.) 9-17 CONTINUED-+ Official Deschutes County 1996 General Election Voters' Pamphlet City of Sisters City Council TIM GORDON NO CLASEN PETRIE PHOTO SUBMITTED NONPARTISAN NONPARTISAN OCCUPATION:Self employed-Landscape contractor OCCUPATION: Retired OCCUPATIONAL BACKGROUND:Mt.Bachelor Seasonal OCCUPATIONAL BACKGROUND: Four years Army 1982-1986; Landsystems Nursery 1982-1986; Timber Signal Corps during World War II, Retiring as Captain; Ridge Homeowners Ass. 1985-1988; Cascade Gardens Thirty-six years as electrical and mechanical engineer. 1988-1994 EDUCATIONAL BACKGROUND: Benson Polytechnic EDUCATIONAL BACKGROUND:St.Cloud State Univer- High School,Portland;Oregon State University,Corvallis, Graduated 1943,Bachelor of Science, Electrical Engi- sity B.A.Social Science neering. PRIOR GOVERNMENTAL EXPERIENCE:None PRIOR GOVERNMENTAL EXPERIENCE: City Coun- cillor,Sisters,Oregon,6 years, 1989-1995, Retired--Not Defeated. Many Sisters residents are upset with the direc- ARE YOU SATISFIED THAT THE PRESENT CITY tion the current City Council members are taking us. Peti- COUNCIL HAS ADEQUATELY REPRESENTED YOU, tions and initiatives from Sisters residents dealings with YOURMIEWS, AND THE INTERESTS OF THE RESI- the growth and zoning issues have met with deaf ears. DENT VOTERS DURING THE PAST TWO YEARS? The council has publicity stated Sisters townspeople have I was elected with competition to Sisters City Council 6 to be"educated"about these growth issues. years(1989 to 1995),and retired undefeated. Sister's slow growth is documented in the City Why am I running after a two year lapse? comprehensive Ian. Sisters became incorporated in 1946 Having remained an active participant in city affairs;I am P P P concerned about some current practices. Prior City with a population of approximately 700. By 1994 the popu- Council experience lets me know where to look and ques- lation within the city limits had reached only 827. Addi- tions to ask. tional land for housing in Sisters is not needed as demon- These include: strated by the slow growth of a subdivision begun in 1991 1) Recent developments show the City has on the south part of town. That 48 lot development today spent more than received for the last several years. The � . City could be broke shortly. The City's ending balance has only 8 houses. has become lower and lower. This situation should be 5 We have seen the results of big developments in straightened out NOW! Bend. The smallness of this town is one reason we choose 2) Residents' letters are not being cknowl- to live here. Growth not only affects our quality of life;but edged. Their questions and concerns are not being ad- costs local taxpayers more. As big developments occur, dressed. When-action is taken,it is usually after months 9 P of delay and unwelcome publicity. we need more streets, more schools, more water, more 3)During ongoing Comprehensive Plan rewrit- police & parks. Developers pay only a small portion of ing,there often has been complete refusal on the part of these costs. Yes some growth will occur. We have ap- city staff to answer residents'questions. proximately 120 buildable lots in town. I favor Sisters grow- 4) City government seems bent on programs ing inward with full utilization of vacant land. accelerating growth with no regard for residents'quality of life. Growth should be managed, controlled, and re- New developments should be low density to help strained to the present growth rate (approximately 2%) preserve the views and openess we have. We should con- which has proven manageable. tinue to encourage and promote Sisters as a major tourist Above are only a few concerns. If again elected I will do destination. I will listen and encourage your views on city my utmost to rectify these matters. Above all, I will rep- matters. M first priority will be whats best for the folks resent the resident voters and try to see that their voices Y P Y are heard and concerns addressed...not brushed aside that live here. or ignored. Thank you for your consideration. I WILL LISTEN TO YOU. Respectfully submitted, (This information furnished by Tim Clasen.) Gordon Petrie (This information furnished by Gordon Petrie.) 9-19 CONTINUED4 Official Deschutes County 1996 General Election Voters' Pamphlet SAMPLE BALLOT DESCHUTES COUNTY, OREGON • NOVEMBER 5, 1996 ONLY THE APPROPRIATE CANDIDATES AND MEASURES FOR EACH PRECINCT WILL APPEAR ON THAT PRECINCT'S BALLOT DESCHUTES SOIL& REDMOND WATER CONSERVATION DISTRICT CITY COUNCILOR STATE MEASURES The candidates receiving the three highest SEE FULL TEXT OF MEASURES BEGINNING DIRECTOR,ZONE 2,4-year term,Vote for One number of votes will assume the 3 city council ON PAGE 9-23 OF THIS VOTERS'PAMPHLET O RAYMOND CURRY positions. 4-year term beginning January REFERRED TO THE PEOPLE BY THE 1,1997.VOTE FOR THREE LEGISLATIVE ASSEMBLY O ——————— ————— O ELAINE YOUNG AMENDS CONSTITUTION: DIRECTOR,ZONE 3,4-year term,Vote for One O RANDY POVEY 26 CHANGES THE PRINCIPLES THAT O PHILIP L.HANSON GOVERN LAWS FOR PUNISHMENT O BOB GREEN OF CRIME O ------------------ RESULT OF "YES" VOTE: O ——————————————— O YES "Yes"vote repeals vindictive DIRECTOR,ZONE 5,4-year term,Vote for OneO _______ _______ justice prohibition, adds responsibility, ac- - TED SCHOLER countability, societal protection to criminal O GARY D.KAPLAN punishment principles. O --—__ CITY OF SISTERS O NO RESULT OF in VOTE: "No"vote retains constitu- tional COUNCIL provision basing DIRECTOR,At Large,4-yearterm,Vote forOne laws for criminal punish- The two top receivers of votes to be elected to ment on reformation, not four-yearterms commencing January,1997,the vindictive justice. O —————————————————— third top vote-receiver to be elected to a two-year AMENDS CONSTITUTION: GRANTS term commencing January, 1997. VOTE FOR 27 LEGISLATURE NEW POWER OVER CITY OF BEND THREE. BOTH NEW,EXISTING ADMINISTRA- CITY COUNCIL O TIM CLASEN TIVE RULES The four top receivers of votes to be elected to RESULT OF "YES" VOTE: four-yearterms commencing January,1997,the O MARY JEAN COOPER O YES With"yes"vote,new admin- fifth top vote-receiverto be elected to a two-year istrative rules expire unless term commencing January, 1997. VOTE FOR O WILLIAM D.MOYER legislature approves; com- FIVE mittee may veto existing rules. O PATRICK MICHAEL HAYES O GORDON PETRIE RESULT OF"NO"VOTE:"No" O TONY HENDERSON O STEVEN M.WILSON O NO vote retains current system, O O O allowing rules 'ORAN TEATER _ ————_ islative approval. to a in effect without leg KATHIE WENICK ECKMAN O --—_ AMENDS CONSTITUTION:REPEALS O JOHN SCHUBERT O ---------- 28 CERTAIN RESIDENCY REQUIRE- MENTS FOR STATE VETERANS' O BRYAN CHITWOOD CITY OF SISTERS MEASURE LOANS PROPOSED BY INITIATIVE PETITION RESULT OF "YES" VOTE: O CRAIG C.COYNER III "Yes"vote repeals certain resi- O YES dency requirements now in O KEN COOPER 9-40.AMENDS CITY CHARTER TO REQUIRE constitution for veterans' VOTER APPROVAL OF ALL ANNEXATIONS home and farm loans. O JIM YOUNG QUESTION: Shall all future annexations, un- RESULT OF"NO"VOTE:"No" O HAROLD MCLEAN less mandated by state law,require a majority vote retains all residency re- vote of Sisters'electors to be valid? O NO quirements now in constitu- O MICHAEL LYNCH OGLE tion for veterans'home and SUMMARY: This initiative amends the Sisters farm loans. O BENJAMIN HILL GILCHRIST City Charter as follows: Vote on Annexation: 29 AMENDS CONSTITUTION: "The city shall include all territory encom- GOVERNOR'S APPOINTEES MUST passed by its'boundaries as they now exist or VACATE OFFICE IF SUCCESSOR O —— ——————————— hereafter are modified by a majority of voters. NOT TIMELY CONFIRMED Unless mandated by State law,any annexation, RESULT OF "YES" VOTE: O ——————————————— delayed or otherwise,to the City of Sisters may O YES "Yes" vote requires O ——— only be approved by a prior majority vote Governor's appointees to among the electorate." This measure will require voter approval vacate office if successor not confirmed ; . O ——————————————— before any annexation, delayed or otherwise within 90 days. may be approved. O NO ' RESULT OF"NO"VOTE:"No" CITY OF REDMOND O YES vote retains law allowing MAYOR Governor's appointees to Vote for One O NO f er med.ve until successor is appointed and con- O JERRY C.THACKERY O JACK NELSON O 9-21 Official Deschutes County 1996 General Election Voters' Pamphlet SAMPLE BALLOT DESCHUTES COUNTY, OREGON * NOVEMBER 5, 1996 ONLY THE APPROPRIATE CANDIDATES AND MEASURES FOR EACH PRECINCT WILL APPEAR ON THAT-PRECINCT'S BALLOT AMENDS CONSTITUTION: RAISES 28.AMENDS CONSTITUTION:REPEALS CER- 45 PUBLIC EMPLOYEES'NORMAL RE FULL TEXT OF VAIN RESIDENCY REQUIREMENTS FOR STATE TIREMENT AGE; REDUCES BEN- EFITS RESULT OF"YES"VOTE:"Yes"vote repeals QUESTION: Shall constitu- STATE MEASURES certain residency requirements now in con- YES tion raise public employees' stitution for veterans'home and farm loans. normal retirement age (ex- OFFICIAL BALLOTS WILL CONTAIN ONLY RESULT OF"NO"VOTE:"No"vote retains all cept police,firefighters),bar THE MEASURE NUMBER,CAPTION, residency requirements now in constitution O NO medical benefits for non- QUESTION AND YES NO for veterans'home and farm loans. disability retirees,limit guar REFERRED TO THE PEOPLE BY THE guar- anteed benefits? SUMMARY: This measure amends the Or- LEGISLATIVE ASSEMBLY egon Constitution.The constitution now pro- 46 AMENDS CONSTITUTION: COUNTS vides that state veterans' home and farm NON-VOTERS AS"NO"VOTES ON TAX loans may be made only to persons who were MEASURES 26.AMENDS CONSTITUTION:CHANGES THE Oregon residents when they entered military QUESTION:Shall constitution PRINCIPLES THAT GOVERN LAWS FOR PUN- service or who have resided in Oregon five O YES require counting those rdgis- ISHMENT OF CRIME years since discharge or separation from ac- tered but not voting as "no" RESULT OF"YES"VOTE: "Yes"vote repeals tive duty. This measure repeals those eligi- votes to determine majority out- vindictive justice prohibition,adds responsi- . bility requirements.The measure would not O NO come on revenue, tax mea- bility, accountability, societal protection to change other eligibility requirements,or the sures? criminal punishment principles. current residency requirement that such loans AMENDS CONSTITUTION: REDUCES may be made only to persons who are Or- RESULT OF VOTE:"No" retains con- egon residents when they apply for the loan. 47 AND LIMITS PROPERTY TAXES;LIE- ITS LOCAL REVENUES, REPLACE- punishment provision basing laws for criminal ESTIMATE OF FINANCIAL IMPACT:No financial MENT FEES punishment on reformation, not vindictive justice. effect on state or local government expenditures O RESULT OF "YES" VOTE: or revenues. YES SUMMARY:This measure amends the state "Yes" vote reduces current constitution.The constitution now provides property taxes; limits future that laws for the punishment of crime must P9,AMENDS CONSTITUTION:GOVERNOR'S. increases;limits local revenues and replacement be based on principles of"reformation,and APPOINTEES MUST VACATE OFFICE IF SUC- fees. not of vindictive justice."The measure would CESSOR NOT TIMELY CONFIRMED delete that language.It would insert language O NO RESULT OF "NO" VOTE: stating that laws for the punishment of crime RESULT OF"YES"VOTE:"Yes"vote requires "No"vote retains the exist- must be based on these principles:"protec- Governor's appointees to vacate office if suc- ing property tax system with tion of society, personal responsibility, ac- cessor not confirmed within 90 days. current limitations on prop- countability for one's actions and reforma erty tax rates. RESULT OF"NO"VOTE:"No"vote retains law tion". allowing Governor's appointees to serve un- 48 AMENDS CONSTITUTION:INSTRUCTS ESTIMATE OF FINANCIAL IMPACT:No finan- til successor is appointed and confirmed. STATE, FEDERAL LEGISLATORS TO cial effect on state or local government ex- SUMMARY: Currently, an official appointed VOTE FOR CONGRESSIONAL TERM penditures or revenues. by the Governor and subject to Senate con- LIMITS firmation may continue in office until the OF "YES" VOTE: official's successor is appointed and con- RESULT firmed. This measure amends the Oregon YES "Yes"vote instructs state,fed- eral legislators to vote for 27.AMENDS CONSTITUTION:GRANTS LEG-Constitution to provide that such an official congressional term limits in ISLATURE NEW POWER OVER BOTH NEW, may not hold office longerthan 90 days after federal constitution. EXISTING ADMINISTRATIVE RULES the end of the official's term. The measure could cause an appointed office to be vacant O NO RESULT OF"NO"VOTE:"No" RESULT OF"YES"VOTE:With''yes"vote,new until the official's successor is confirmed. vote rejects instruction tolegis- administrative rules expire unless legislature This could preclude some state agencies from lators tovotefor congressional term limits in fed- approves;committee may veto existing rules. issuing orders or conducting other business eral constitution. RESULT OF"NO"VOTE:"No"vote retains cur- during such a vacancy. rent system,allowing administrative rules to ESTIMATE OF FINANCIAL IMPACT:No financial END OF SAMPLE BALLOT stay in effect without legislative approval. effect on state or local government expenditures SUMMARY:Amends constitution.State agency or revenues. rules now may be adopted and stay in effect without legislative approval. Legislature may require agency to change rules by adopting new 30.AMENDS CONSTITUTION:STATE MUST statutes, subject to governor's veto. Measure PAY LOCAL GOVERNMENTS COSTS OF would require agencies to file new rules with STATE-MANDATED PROGRAMS legislative committee.Rules would expire after RESULT OF"YES"VOTE:'Yes"vote requires the legislature adjourns unless legislature approves state to pay local governments for costs of state- rule by joint resolution.Upon qualified request, mandated programs. committee may review any new or existing rule and,upon review,must take public testimony. RESULT OF"NO"VOTE:"No"vote rejects re- If committee rejects rule, rule expires unless quirement that state pay local governments legislature approves by joint resolution. for costs of state-mandated programs. ESTIMATE OF FINANCIAL IMPACT:Start up SUMMARY: Amends constitution. Measure costs are estimated at $584,000. Rased on would require legislature to pay local govern- the last six years experience,for each 10% ments for costs of new state-mandated pro- of rule changes adopted by agencies that are grams or increased level of services for state- reviewed under this measure,annual operat- mandated programs. If funds are not paid,lo- ing costs are estimated at$823,000. cal governments need not comply with law or rule requiring program or service.Contains ex- ceptions. Requires 3/5 vote of each house of Legislature to take certain actions reducing state 9-23 Official Deschutes County 1996 General Election Voters' Pamphlet SAMPLE BALLOT DESCHUTES COUNTY, OREGON• NOVEMBER 5, 1996 ONLY THE APPROPRIATE CANDIDATES AND MEASURES FOR EACH PRECINCT WILL APPEAR ON THAT PRECINCT'S BALLOT 37.BROADENS TYPES OF BEVERAGE CON- 39. AMENDS CONSTITUTION: GOVERN- 41.AMENDS CONSTITUTION:STATES HOW TAINERS REQUIRING DEPOSIT AND RE- MENT, PRIVATE ENTITIES CANNOT DIS- PUBLIC EMPLOYEE EARNINGS MUST BE FUND VALUE CRIMINATE AMONG HEALTH CARE PRO- EXPRESSED QUESTION:Shall bottle bill be expanded to VIDER CATEGORIES QUESTION: Shall constitution require that require consumers,dealers to pay deposits, RESULT OF"YES"VOTE:"Yes"vote forbids public employee earnings be expressed as receive refunds on additional types of bever- government and private entities from dis- employer's cost for employee per hour age containers? criminating among categories of health care worked,including wages,benefits? SUMMARY:Amends statutes. Under current providers. SUMMARY.Amends constitution. Measure re- law,consumers and dealers pay deposits and RESULT OF"NO"VOTE:"No"vote leaves Con- quires that public employees' earnings be ex- receive refunds on all beerand carbonated bev- stitution silent on private and government dis- pressed as costs borne by the employer for the erage containers. Dealers must accept such crimination among health care provider cat- employee's benefit.Those costs include base pay/ containers for refund. Measure broadens law egories. salary,benefit package,vacation,clothing allow- to include any liquid drink intended for humans, SUMMARY: Amends Oregon Constitution. ance,rest and meal breaks,holiday pay,personal except dairy products or substitutes,distilled leave,social security and medicare taxes,retire- s laws that restrain any person's choice merit,federal unemployment taxes,family leave, s irits or liquor,or wine with over eight percent Y to receive health care from any category of sick leave,bonuses,merit a a cohol.Measure requires refund value for con- pay,overtime,childcare, tainers of: health of practice working y law.Forbids provider's compensation time,employertax,continuingedu- scope of practice established bylaw.Forbids cation,and state unemployment taxes.Workers' —Beer,malt beverages orcarbonated drinks, any size. state agencies, local governments, private compensation premiums are excluded.Measure entities from discriminating among catego regarding makes com complete information re I —Non carbonated drinks,otherthanwater, ries of health care providers rendering the b 9 9 em poyer from six ounces to one liter, costs available to the public. same or similar services within their scope --Water,up to two liters. of practice.Defines"health care provider."Al-AI ESTIMATE OF FINANCIAL IMPACT. No fiscal ES lows entities to control health care costs if impact to state governments.One-time expen- ES TIMATE OF FINANCIAL IMPACT: No finan t on state or local government expen- entities do not violate measure.Does not ap- diture to local governments,including schools, 3 dial effect ct revenues. ply to health care services for inmates in cor- of at least$789,000,assuming a$1,000 mini- rectional institutions. mum reprogramming expense per public em- ESTIMATE OF FINANCIAL IMPACT:This es- ployer payroll system. 38. PROHIBITS LIVESTOCK IN CERTAIN timate is based on the following assumptions: POLLUTED WATERS OR ON ADJACENT 42, AMENDS CONSTITUTION: REQUIRES LANDS Any increased costs are borne entirely by TESTING OF PUBLIC SCHOOL STUDENTS; state and local government employers; and PUBLIC REPORT RESULT OF"YES"VOTE:Vote "yes"to pro- overall utilization of health care services will hibit livestock in or along certain polluted wa- increase by at least 2 percent due to increased QUESTION:Shall constitution require annual ters in state,with exceptions. provider choices. testing of grade 4-12 public school students, RESULT OF"NO"VOTE: Vote "no" to reject and public report on total testing results? law prohibiting livestock in or along certain Direct annual expenditures for state govern- SUMMARY:Amends constitution.Requires annual polluted waters in state. ment are estimated to increase$22.4 million testing of all grade 4-12 public school students. and direct annual expenditures for local gov- Tests include,but not limited to,math and verbal SUMMARY:Measure would prohibit livestock ernments are estimated to increase to $8 skills.All students in same grade must take same in certain waters in Oregon,and on adjacent million. test in same academic year.Tests cannot contain land,if waters do not meet state water qual- moral,social,or political value testing.Individual ity standards and the livestock would con- results must be released to student and parents. tribute to poor water quality. State Depart Department of Education must issue public report ment of Agriculture may allow exemptions if 40.AMENDS CONSTITUTION:GIVES CRIME certain criteria are met.Any person may sue VICTIMS RIGHTS, EXPANDS ADMISSIBLE wit h totaltesting results,by school and grade.Each to enforce law.Measure applies to state,fed- EVIDENCE, LIMITS PRETRIAL RELEASE student's results must be kept for research pur- poses, cross-reference with college admission eral;and private waters and land.Persons re- RESULT OF"YES"VOTE: Vote"yes" to add tests. quired to comply may receive tax credit and crime victims'rights to constitution,expand state funding.Measure's operative dates are evidence admissible in criminal trials. ESTIMATE OF FINANCIAL IMPACT: Direct state delayed, depending on land ownership and expenditures to implement one-time change re- type of habitat affected. RESULT OF"NO" VOTE: Vote "no"to leave quired by this measure is estimated at$525,000. ESTIMATE OF FINANCIAL IMPACT: Direct state constitution without specific protections Annual direct expenditures of administering and forvictims,retain current evidence standards. updating the tests are estimated at$1.985 million state expenditures will increase by an esti- to$6.914 million depending on the type of test mated $1.26 million for the first full year, SUMMARY:Adds new section to state consti- used.Allocation of these expenditures between growing to $2.44 million when fully imple- tution.Affects adult,juvenile criminal proceed- state and local school districts cannot be deter- mented.There will be a one-time decrease in ings involving victims.Prohibits pretrial release mined. state revenue of an estimated$27,500 in the for certain defendants unless judge finds de- first year only from increased use of the fish fendant will not commit new crimes if released. habitat improvement credit. Victims may attend,be heard at proceedings, 43. AMENDS COLLECTIVE BARGAINING demand jury trials of adults, get information LAW FOR PUBLIC SAFETY EMPLOYEES about defendant. Allows murder, aggravated murder,conviction on 11-1 vote.Most relevant RESULT OF"YES"VOTE:Yes vote reinstates evidence admissible against defendant,except collective bargaining law in effect before 1995 as required byfederal constitution.State courts changes for public safety employees. maynot independently interpret some state con- RESULT OF"NO"VOTE:No vote retains cur- stitutional rights to give defendants more rights rent collective bargaining law for fire,police, than given by federal constitution. correctional,other public safety employees. ESTIMATE OF FINANCIAL IMPACT: Direct SUMMARY:Amends Oregon law.In 1995,legis- state expenditures to implement a one-time laturechanged public employee collective bargain- change required by this measure is estimated ing law.Changes included limiting required issues at$223,000. for bargaining,reducing categories of public em- ployees allowed to unionize,permitting employee discharge in more situations,changing process for union contract arbitration when bargaining does not succeed.Measure defines class 4f public safety employees,all of whom are prohibited from strik- ing,reinstates collective bargaining law in effect 9-25 Official Deschutes County 1996 General Election Voters' Pamphlet s QUESTIONS ABOUT VOTING? Call your Deschutes County Clerk's Office (541) 388-6547 REMEMBER! Absentee Ballots f must be received by 8:00 p.m., November 5, 1996. 9'G/ Official Deschutes County 1996 General Election Voters' Pamphlet POLLING PLACES PRECINCT POLLING PLACE ADDRESS CITY & 49 Kenwood Elementary School Gym 701 NW Newport Avenue Bend 50 Assembly of God Church 52565 Day Road La Pine & 51 Black Butte Ranch Fire Hall 13511 Hawks Beard Blk Butte & 52 Nativity Lutheran Church Knott Road & Brosterhous Road Bend & 53 Nazarene Church 1270 NE 27th Street Bend & 54 Deschutes County Services Bldg 1340 NW Wall Street Bend & 55 Deschutes County Services Bldg 1340 NW Wall Street Bend 6. 56 Kingston Elementary School NW 12th Street& NW Kingston Avenue Bend 6. 57 Welcome Center 63085 N Hwy 97 Bend & 58 Sisters Fire Hall 301 S Elm Street Sisters & 59 Tumalo Elementary School 19835 2nd Street Tumalo & 60 Terrebonne School Gym 1199 B Avenue Terrebonne 61 Assembly of God Church 1865 W Antler Avenue Redmond & 62 Elk Meadow Elementary School 60880 Brookswood Blvd Bend 6. 63 Welcome Center 63085 N Hwy 97 Bend & 64 Romaine Village Rec Hall 19940 Mahogany Street Bend & 65 Deschutes County Services Bldg 1340 NW Wall Street Bend 6 66 Mt.View High School 2755 NE 27th Street Bend & 67 Jewell Elementary School 20550 Murphy Road Bend 6, 68 Nazarene Church 1270 NE 27th St Bend 69 First Baptist Church NW 10th Street& NW Cedar Avenue Redmond 6. 70 Community Presbyterian Church 529 NW 19th Street Redmond & 71 1 st Missionary Baptist Church 21129 Reed Market Road Bend ME & 72 La Pine Fire Station#2 55785 S Century Drive Bend 73 Redmond Armory 822 SW Highland Avenue Redmond 6. Accessible to individuals with physical disabilities. THE POLLS ARE OPEN FROM 7:00 A.M. TO 8:00 P.M. 9-29 CONTINUED-+ Official Deschutes County 1996 General Election Voters' Pamphlet INDEX LETTER FROM COUNTY CLERK. . . . . . . . . . . .. . . . . . . . . . . . . . . . 9-3 MEASURE City of Sisters Charter Amendment . . . . . . . . . . . . . . . . . . . . . . . . . 9-5 CANDIDATES Blanton, Larry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-8 Boyle, John . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-6 Brown, Greg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-8 Chitwood, Bryan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-11 Clasen,Tim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-19 Cooper, Ken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-11 DeWolf,Tom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6 Eckman, Kathie Wenick. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .9-12 Gainsforth, Patricia M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-10 Gilchrist, Benjie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-12 Green, Robert Joseph . . . . . .9-18 Hayes, Patrick Michael. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-13 Henderson,Tony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-13 Kaplan, Gary D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-9 Nelson, Jack R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-17 McLean, Harold C. 9-14 Ogle, Michael L.. 9-14 Petrie, Gordon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-19 Povey, Randy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-18 Scholer, Theodore "Ted" G.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-9 Schubert, John. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-15 Swearingen, Linda L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-7 Teater, Oran . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-15 Thackery, Jerry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-17 Young, Jim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-16 SAMPLE BALLOT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-20 POLLING PLACE LISTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-28 VOTING INSTRUCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-30 9-31