The URL can be used to link to this page

2000-05-16 - Voters Pamphlet - State y +1 li CL � d U CL 00 >v S` I •�, i'I''' x� IIli e-rg. 11iII , 1 Uil i 3� yl 3' 3,. VOTE BY MAIL PRIMARY ELECTION, MAY 16, 2000 OF Compiled and Distributed by Al►.: :o l 59 Oregon Secretary of State This Voters'Pamphlet is provided for assistance in casting your vote by mail ballot. OF O BILL BRADBURY �� STATE OF OREGON SECRETARY OF STATE O � SECRETARY OF STATE SUZANNE TOWNSEND N Z 136 STATE CAPITOL DEPUTY SECRETARY OF STATE SALEM,OREGON 97310-0722 (503)986-1500 N. Dear Oregonian — This State Voters' Pamphlet is the largest ever produced for a Primary Election in Oregon, due mostly to the number of measures on the state ballot. It is my earnest hope that the size of this pamphlet will not keep anyone from reading it. Rather, every Oregonian should look at this docu- ment as the most direct and complete source of information on candidates and issues on the May 16 ballot. This is also the first Primary Election in the nation to be conducted entirely by mail. Every Oregon voter will have the full opportunity to stuc'y their choices thoroughly and in advance of making informed decisions. Every elections official in Oregon shares my goal to ensure that this election continues the proud tradition we have in Oregon of voting by mail efficiently and with integrity. I challenge each of us to take this unprecedented voting opportunity to reflect on the meaning of our right to vote - • If you are not registered to vote, are at least 18 years old, and are a U.S. citizen, please think for a minute about how your future is being determined without your participation and consider registering to vote by April 25. • If you regularly vote and will do so this election, please take the time to share with others the reasons you vote and encourage them to do so, as well. I give you this challenge in the firm belief that WE, the people, ARE the government, and it is what we, as a community and nation, make of it. We have a solemn responsibility to each other and ourselves, and the power, to direct government to match our needs. The frontline of that power and responsibility is YOUR VOTE. The disturbing decline in voter participation, and the reduced number of younger citizens even registering to vote, should cause all of us grave concern.We stand the risk of losing a whole gen- eration of voters.You have the power to guarantee that does not happen, and to change Oregon for the better. Sincerely, Bill Bradbury On the cover. Columnar Basalt provides a dramatic frame for Toketee Falls, where the upper North Umpqua River cascades 90 feet. "Toketee"means `pretty" in Chinook jargon and April/May is a splendid time to view the falls, accessible by a 0.4 mile trail through blooming trillium and rhododendron. This 1997 photo is courtesy of Jim Dopkus of Springfield, Oregon. Official 2000 Primary Election Voters'Pamphlet—General Information Information GENERALis rotated. All space is purchased; statements and photographs are submitted by the candidates or their designated agents.The information required by law—pertaining to occupation, occupa- Your official 2000 Primary Election Voters'Pamphlet provides you tional background,educational background and prior governmen- with information about measures and candidates that will appear tal experience—has been certified by each candidate. on your ballot.The pamphlet is divided into separate sections for measures and candidates. You can find page numbers for the Miscellaneous voting aids, including congressional and district beginning of each of these sections, as well as the alphabetical maps, drop site locations and a complete list of the state mea- index of candidates,in the table of contents on this page. sures and candidates, are also a part of the Voters' Pamphlet. In an effort not to duplicate the printing of information, some of Material in the measures section includes the state ballot title, these voting aids are not a part of the state Utters' Pamphlet, estimate of.financial impact, the complete text of the proposed but instead are included in your county Voters'Pamphlet, if your measure,an impartial statement explaining the measure and any county has produced a Voters'Pamphlet. arguments filed by proponents and opponents of the measure. The estimate of financial impact for each measure is prepared by The Voters' Pamphlet has been compiled by the Secretary of a.committee of state officials including the Secretary of State,the State since 1903,when Oregon became one of the first states to State Treasurer, the Director of the Oregon Department of provide for the printing and distribution of such a publication.One copy of the Voters'Pamphlet is mailed Administrative Services and the Director of the Department of Revenue.The committee estimates only the direct impact on state state. Additional copies are available at t the State Capitol, local every household in the and local governments. post offices,courthouses and all county election offices. The explanatory statement is an impartial statement explaining the measure.Each measure's explanatory statement is written by WEBSITE a committee of five members, including two proponents of the measure, two opponents of the measure and a fifth member appointed by the first four committee members, or, if they fail to Most of the information contained in this Voters'Pamphlet is also agree on a fifth member, appointed by the Secretary of State. available in the Online Voters'Guide on the World Wide Web at Explanatory statements can be appealed and may be changed by http://www.sos.state.or.us/elections/elechp.htm the Oregon Supreme Court. Citizens or organizations may file arguments in favor of, or in RANDOM ALPHABET opposition to,measures by purchasing space for$500 or by sub mitting a petition signed by 1,000 voters.Arguments in favor of a measure appear first,followed by arguments in opposition to the While the candidates'statements appear in alphabetical order by measure,and are printed in the order in which they are filed with their last name in this Voters'Pamphlet, you will notice that they the Secretary of State's office. appear in a different order on your ballot. Additionally, measures 77 through 81 were referred to Oregon Pursuant to ORS 254.155, the Secretary of State is required to voters by the 1999 Legislature and you will find a "Legislative complete a random order of the letters of the alphabet to deter- Argument in Support"for each of these measures. Oregon law mine the order in which the names of candidates appear on the allows the Legislature to submit, at no cost,an argument in sup- ballot. port of each measure it refers to the people. The alphabet for the 2000 Primary Election is: In the candidate section, partisan candidates appear before p A,L,Q,T,E,R,O,N,W,U,Z,S,X,M,H,I,B,J,G,F,K,D,Y,C,V nonpartisan candidates.Every two years,at the primary election, the order in which each major political party's candidates appear ATTENTION: The State of Oregon prints measure arguments and candidate statements as submitted by the author. The state does not correct punctuation, grammar, syntax errors or inaccurate information. 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 CongressionalMap........................................................ 107 Measures....................................................................... 6 County Elections Offices............................................... 122 Nonpartisan Candidates................................................ 116 Democratic Candidates................................................. 102 Republican Candidates..................,............................... 109 Democratic Precinct Committeeperson......................... 101 Republican Precinct Committeeperson......................... 108 Disabled Voter Information............................................. 121 Vote by Mail Information................................................ 121 District Map.................................................................... 115 Voter Registration Information....................................... 121 Index to Candidates....................................................... 123 List of State Measures and Candidates........................ 4 YOUR VOTED BALLOT MUST BE RETURNED (POSTMARKS DO NOT COUNT)TO YOUR COUNTY ELECTIONS OFFICE BY ELECTION DAY,TUESDAY, MAY 16, 2000. County Elections Offices are open on election day from 7 a.m.to 8 p.m. 3 Official 2000 Primary Election Voters'Pamphlet—Gen6ral Information List of State Measures and Candidates This is a complete listing of the statewide measures and state candidates for the Primary Election, May 16,2000,as prepared by the Secretary of State,for the counties covered in this pamphlet.On election day, your ballot may also include additional measures and candidates from your county and local governments.PLEASE NOTE: Each candidate listed does not necessarily have a state- ment in the Voters'Pamphlet.Some candidates do not choose to purchase space. STATE MEASURES DEMOCRATIC CANDIDATES NO.77—AMENDS CONSTITUTION:MAKES CERTAIN UNITED STATES PRESIDENT—(Vote for One)Lyndon H. LOCAL TAXING DISTRICTS'TEMPORARY LaRouche,Jr.;Al Gore PROPERTY TAX AUTHORITY PERMANENT REPRESENTATIVE IN CONGRESS,2ND DISTRICT—(Vote for (Vote Yes or No) RESULT OF"YES"VOTE:"Yes"vote changes One}—Walter Ponsford portions of certain local districts'property tax authority SECRETARY OF STATE—(Vote for One}—Bill Bradbury from temporary to permanent. RESULT OF"NO"VOTE:"No"vote retains current STATE TREASURER—(Vote for One)--Randall Edwards; Gary local districts'temporary and permanent property tax Bruebaker authority. ATTORNEY GENERAL—(Vote for One) -Hardy Myers NO.78—AMENDS CONSTITUTION:LENGTHENS PERIOD STATE SENATOR, 27TH DISTRICT—(Vote for One)Anne N. FOR VERIFYING SIGNATURES ON INITIATIVE AND Philiben REFERENDUM PETITIONS (Vote Yes or No) STATE REPRESENTATIVE,54TH DISTRICT—(Vote for One) RESULT OF"YES"VOTE:"Yes"vote lengthens Ken Cooper period for verifying initiative, referendum petition STATE REPRESENTATIVE,55TH DISTRICT—(Vote for One) signatures from 15 to 30 days. Douglas Dunlap RESULT OF"NO"VOTE:"No"vote retains current 15-day period for verifying signatures on initiative and referendum petitions. NO.79—AMENDS CONSTITUTION:INCREASES REPUBLICAN CANDIDATES SIGNATURES REQUIRED TO PLACE INITIATIVE AMENDING CONSTITUTION ON BALLOT UNITED STATES PRESIDENT—(Vote for One}—George W. (Vote Yes or No) Bush;Alan Keyes RESULT OF"YES"VOTE:"Yes"vote increases number of signatures required to place initiative to REPRESENTATIVE IN CONGRESS,2ND DISTRICT—(Vote for amend constitution on ballot. One}—Greg Walden RESULT OF"NO"VOTE:"No"vote rejects increasing SECRETARY OF STATE—(Vote for One}--Lynn Lundquist;Paul signatures required to place initiative to amend Damian Wells;Lynn Snodgrass constitution on ballot. STATE TREASURER—(Vote for One)- Jon Kvistad NO.80—AMENDS CONSTITUTION:AUTHORIZES,USING FUEL TAX,VEHICLE FEES FOR INCREASING ATTORNEY GENERAL—(Vote for One)--Kevin L.Mannix HIGHWAY POLICING STATE SENATOR, 27TH DISTRICT—(Vote for One)—Bev (Vote Yes or No) Clarno RESULT OF"YES"VOTE:"Yes"vote authorizes using fuel tax, motor vehicle fees for increasing policing of STATE REPRESENTATIVE,54TH DISTRICT—(Vote for One) j highway system. Tim Knopp J RESULT OF"NO"VOTE:"No"vote rejects allowing STATE REPRESENTATIVE,55TH DISTRICT—(Vote for One) iJ fuel tax,vehicle fee use for increasing policing of Ben Westlund highway system. NO.81—AMENDS CONSTITUTION:ALLOWS LEGISLATURE TO LIMIT RECOVERY OF DAMAGES IN CIVIL ACTIONS (Vote Yes or No) RESULT OF"YES"VOTE:"Yes"vote adds constitutional provision allowing legislature to limit recovery of damages in civil actions. RESULT OF"NO"VOTE:"No"vote retains restrictions on legislature's authority to limit recovery of damages in civil actions. NO.82—REPEALS TRUCK WEIGHT-MILE TAX; ESTABLISHES AND INCREASES FUEL TAXES (Vote Yes or No) RESULT OF"YES"VOTE:"Yes"vote repeals truck weight-mile tax;establishes diesel tax;increases gas tax, registration fees. RESULT OF"NO"VOTE:"No"vote retains weight-mile highway tax on trucks;rejects increasing gas tax, registration fees. 4 CONTINUED Official 2000 Primary Election Voters'Pamphlet—General Information List of State Measures and Candidates NONPARTISAN CANDIDATES JUDGE OF THE SUPREME COURT, POSITION 2—(Vote for One)--Randall H.Niven;Charley Merten;Phillip D.Hatfield;Greg Byrne;Paul J.DeMuniz JUDGE OF THE SUPREME COURT, POSITION 3—(Vote for One)—Robert D.(Skip)Durham JUDGE OF THE SUPREME COURT, POSITION 6—(Vote for One)—Wallace P.Carson,Jr. JUDGE OF THE COURT OF APPEALS, POSITION 3—(Vote for One)--Rives Kistler JUDGE OF THE COURT OF APPEALS, POSITION 5—(Vote for OnerRick Haselton • JUDGE OF THE COURT OF APPEALS, POSITION 8—(Vote for One)--Jack L.Landau JUDGE OF THE COURT OF APPEALS,POSITION 10—(Vote for One)--Rex Armstrong JUDGE OF THE CIRCUIT COURT, 11TH DISTRICT, POSITION 1—(Vote for One)--Alta Jean Brady JUDGE OF THE CIRCUIT COURT, 11TH DISTRICT, POSITION 2—(Vote for One)—Michael C.Sullivan i 5 Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 77 Measure No. 77 Senate Joint Resolution 1—Referred to the Electorate of Oregon TEXT OF MEASURE by the 1999 Legislature to be voted on at the Primary Election, May 16,2000. Be It Resolved by the Legislative Assembly of the State of Oregon: BALLOT TITLE PARAGRAPH 1. The Constitution of the State of Oregon is amended by creating a new section 11 k to be added to and made a part of Article XI,such section to read: E SECTION 11 k.(1)For tax years beginning on or after July 1,2000,notwithstanding section 11 of this Article,a local tax- a � � �.: "a ing district shall have a permanent limit on the rate of ad val- e orem property taxes that is equal to the tax rate that would have been achieved for the tax year beginning July 1,1997,if that portion of a levy described in paragraph (c)of subsec- tion(7)of section 11 of this Article that represented replace- s 3 ment authority for an expiring serial or one-year levy last . imposed in the tax year beginning July 1, 1996, had been E treated as a levy described in paragraph(b)of subsection(7) of section 11 of this Article.The levy described in paragraph (c) of subsection (7) of section 11 of this Article,or a suc- p, cessor levy,shall be reduced in the manner provided by law. (2)Subsection (1)of this section applies only to the per- ` � manent rate limit of a local taxing district located in a county in which a local taxing district imposed levies described in paragraph (c)of subsection (7) of section 11 of this Article that were greater than $1.2 million for the tax year and for which the amount treated as replacement authority exceeded $900,000. 2 (3) The Legislative Assembly shall enact legislation to achieve the result described in this section. PARAGRAPH 2.The amendment proposed by this resolu- tion shall be submitted to the people for their approval or G t b) rejection at a special election held throughout this state on the same date as the next biennial primary election. �•H � � a NOTE: Boldfaced type indicates new language; [brackets and italic]type indicates deletions or comments. Oil � �a'•v°aw�si yaa S.. aY�x�,aas� �� .z;T � va�a%'°ova �• 1 t �r:..;3��a•'�r�. @ ��@ ``v: 5 .. ¢ €w4�� } Y fp y 5x%xY.� � x�•y$ � @<`3€� �R 3 4� 3 `�. S p:d, k@,s �r NO ARGUMENTS IN OPPOSITION TO THIS BALLOT MEASURE WERE FILED WITH THE SECRETARY OF STATE. 6 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 77 Measure No. 77 EXPLANATORY STATEMENT LEGISLATIVE ARGUMENT IN SUPPORT Measure 77 is a Constitutional Amendment designed to fix an A YES vote on Measure 77 will eliminate an unfair tax treatment unanticipated result when voters approved Ballot Measure 50 in mistakenly imposed by Measure 50 in 1997 to three taxing dis- 1997. The measure will impact both the permanent and local tricts: Deschutes County, Linn County and the City of Sweet option limits of only three taxing districts statewide: Deschutes Home. County, Linn County and the City of Sweet Home. Property Tax Relief Services provided by cities, counties and special districts are Measure 77 will correct a mistake in Measure 50.The mistake mainly funded through property taxes. Measure 50 restricts the caused property taxes to increase instead of decrease in these amount of property taxes these districts can impose within their three districts after the implementation of Measure 50.In other permanent rate limits. Local voters can also approve temporary areas of the state,property taxes on residential property fell by tax levies called local option levies.A local option tax is only tem- an average of 8% between 1996-97 and 1997-98. However, porary. It can be renewed by local voters. Currently, both Linn taxpayers in Deschutes and Linn Counties saw an average County and City of Sweet Home have local option levies for law increase in their residential property taxes of 2.5% and 1.4% enforcement and other services that expire beginning tax year respectively. 2003-04.The Deschutes County local option sheriff levy expires Local Voter Support beginning tax year 2001-02. In the past, Linn and Deschutes county voters have renewed In May 1997 Measure 50 was approved by Oregon voters and temporary levies indicating their support for stable funding for at the same election, Deschutes County, Linn County and City of essential services. Sweet Home all received voter approval for renewal of their expir- ing local option levies for law enforcement and other services.The new levies increased the amount of tax imposed instead of merely Districts,which had voter approval for continuing levies without replacing the expiring levies.Because of the way Measure 50 was an increase in tax authority, had the expiring levies incorpo- written, the newly approved levies were treated as local option rated into their permanent tax rate limit. Linn and Deschutes taxes instead of being incorporated into the permanent tax rate of Counties and the City of Sweet Home each had increased levy each of the three districts. As a result, Deschutes County, Linn amounts approved by voters in 1997. This resulted in their County and City of Sweet Home, all have a low permanent tax temporary levies not being included in their permanent rate rate limit but a high local option tax limit. calculation. Passage of Measure 77 will correct this unequal treatment of levies. Measure 77 would change the permanent rate limits and Long Range Planning reduce the total taxes of these three taxing districts beginning in passage of Measure 77 will result in a transfer from temporary tax year 2000-01.This measure transfers temporary local option to permanent tax authority and reduce overall taxes.Currently, authority into permanent tax authority. It will reduce each taxing these three districts'temporary levies must be approved in a district's local option authority by the amount of the levy that November general election or with a double majority. Passage expired June 30, 1997, and incorporate a portion of that levy authority into each district's permanent tax rate limit. of Measure 77 will allow districts to project tax revenues with more certainty and prepare long-term plans for community This measure would adjust both the local option and perma- services. nent tax rate limits of only Deschutes County,Linn County and the City of Sweet Home. The 1999 Legislature unanimously supported this legislation and referral so all Oregonians could experience property tax relief Committee Members: Appointed By: from Measure 50.Measure 77 will correct this mistake and help Senator Mae Yih President of the Senate return equity and faith in government to all Oregonians. Representative Ken Strobeck Speaker of the House We need your YES vote to approve Measure 77. Mayor Chuck McLaran* Secretary of State Vern Bartley Secretary of State Committee Members: Appointed By: Senator Neil Bryant Members of the Committee Senator Mae Yih President of the Senate 'Member dissents(does not concur with explanatory statement) Representative Ken Strobeck Speaker of the House Representative Ben Westlund 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 ORS 251.245.) 7 CONTINUED I Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 77 Measure No. 77 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Measure 50 was passed in 1997 in an effort to provide property Support Property Tax Relief–Vote Yes on Measure 771 tax relief. With the exception of the Deschutes County, Linn In 1997, when Oregonians voted for Measure 50,they were vot- County and the City of Sweet Home taxing districts, implementa- ing for property tax relief. But because the Legislature made an tion of the Measure was completed without a major problem. unintentional mistake in drafting Measure 50,Oregonians in three In these three areas, both voters and government officials were taxing districts: Deschutes County, Linn County, and the City of shocked when a complicated quirk in the law dealing with their Sweet Home,saw an increase in their property taxes. local law enforcement levies caused property taxes to dramati- Measure 77 only impacts Deschutes County,Linn County,and the cally increase, instead of decrease.This was clearly a mistake City of Sweet Home. We are the Senators representing and not the Measure's intent.When the mistake was discovered, Deschutes and Linn Counties and the City of Sweet Home, and work was immediately begun to find a way to correct the problem. we support Measure 77.Measure 77 was approved unanimously Frustration grew when it was learned that the only way to fix the by the 1999 Legislature. It is not a partisan issue. It is about mistake would be through a technical correction involving both_ fairness. legislative action and another full vote of the people. This is why Measure 77 is now being referred to Oregon's voters. Your YES vote on Measure 77 will complete the process of ensur- Our Senators and Representatives have already done what they ing that every Oregonian will receive the same property tax relief can legislatively.They have also unanimously referred Measure promised under Measure 50. 77 to the voters so that we can complete the process and correct Your YES vote on Measure 77 will: the mistake. • Fix the unintentional mistake in Measure 50 and return As the Linn County Sheriff, I am very concerned that the people fairness to the property tax system. have faith in government. Measure 50 unintentionally caused unfair tax treatment that was very damaging. Measure 77 will Treat the law enforcement levies each district passed under correct the mistake caused by Measure 50, provide equity in the the same rules and help provide stability in long-term treatment of the law enforcement levies and help provide stability funding. for long term funding. • Permanently ensure the residents of Deschutes and Linn I urge you to vote YES to approve Measure 77. Counties and the City of Sweet Home the property tax reduction they were promised by Measure 50, and help (This information furnished by David K.Burright,Linn County Sheriff.) restore faith in government. At times,the Legislature makes a mistake–now we need to fix it. Please join us in supporting an important fix to an unjust situation. Cast your support for Ballot Measure 77, and end property tax increases for these Oregonians. VOTE YES ON MEASURE 77!!1 (This information furnished by Senator Neil Bryant, R-Dist 27,•Senator Mae Yih,D-Dist 19.) 1 (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 8 Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 78 Measure No. 78 Senate Joint Resolution 3—Referred to the Electorate of Oregon Act is passed. by the 1999 Legislature to be voted on at the Primary Election, (b)A referendum on an Act or part thereof may be ordered by May 16,2000. a petition signed by a number of qualified voters equal to four percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a BALLOBALLOT TITLE term of four years next preceding the filing of the petition.A refer- T petition shall be filed not more than 90 days after the end of the session at which the Act is passed. (c)A referendum on an Act may be ordered by the Legislative Assembly by law. Notwithstanding section 15b, Article V of this Constitution, bills ordering a referendum and bills on which a referendum is ordered are not subject to veto by the Governor. fS z4s'� a � a� � �g,� (4)(a)Petitions or orders for the initiative or referendum shall be filed with the Secretary of State.The Legislative Assembly shall provide by law for the manner in which the Secretary of State shall determine whether a petition contains the required number ` g a of signatures of qualified voters.The Secretary of State shall com- plete the verification process within the [15-day] 30-day period after the last day on which the petition may be filed as provided in paragraph(e)of subsection(2)or paragraph(b)of subsection(3) of this section. l ¢ ;3 (b) Initiative and referendum measures shall be submitted to the people as provided in this section and by law not inconsistent �Ifx therewith. (c)All elections on initiative and referendum measures shall be held at the regular general elections,unless otherwise ordered by �3 Y s �' the Legislative Assembly. Z (d) Notwithstanding section 1,Article XVII of this Constitution, an initiative or referendum measure becomes effective 30 days after the day on which it is enacted or approved by a majority of the votes cast thereon.A referendum ordered by petition on a part of an Act does not delay the remainder of the Act from becoming effective. (5)The initiative and referendum powers reserved to the peo- TEXT OF MEASURE ple by subsections(2)and(3)of this section are further reserved to the qualified voters of each municipality and district as to all Be It Resolved by the Legislative Assembly of the State of local,special and municipal legislation of every character in or for Oregon: their municipality or district.The manner of exercising those pow- ers shall be provided by general laws,but cities may provide the PARAGRAPH 1. The Constitution of the State of Oregon is manner of exercising those powers as to their municipal legisla- amended by creating a new section id to be added to and made tion.In a city,not more than 15 percent of the qualified voters may a part of Article IV, and by amending section 1, Article IV, such be required to propose legislation by the initiative, and not more sections to read: than 10 percent of the qualified voters may be required to order a Sec.1.(1)The legislative power of the state,except for the ini- referendum on legislation. tiative and referendum powers reserved to the people, is vested (6)Making Signature Gatherers Be Registered Oregon Voters. in a Legislative Assembly,consisting of a Senate and a House of A person gathering signatures on an initiative or referendum peti- Representatives. tion shall be registered to vote in this state in the manner provided (2)(a)The people reserve to themselves the initiative powar, by law. which is to propose laws and amendments to the Constitution and SECTION 1 d.(1)The amendment to section 1 of this Article enact or reject them at an election independently of the by Senate Joint Resolution 3(1999)applies to any initiative Legislative Assembly. or referendum petition that is filed with the Secretary of (b)An initiative law may be proposed only by a petition signed State, on or after the effective date of the amendment to by a number of qualified voters equal to six percent of the total section 1 of this Article by Senate Joint Resolution 3(1999), number of votes cast for all candidates for Governor at the elec- for the purpose of determining whether the petition contains tion at which a Governor was elected for a term of four years next the required number of signatures of qualified voters. preceding the filing of the petition. (2)This section is repealed December 31,2002. (c) An initiative amendment to the Constitution may be pro- PARAGRAPH 2.The amendment proposed by this resolu- posed only by a petition signed by a number of qualified voters tion shall be submitted to the people for their approval or equal to eight percent of the total number of votes cast for all can- rejection at a special election held throughout this state on didates for Governor at the election at which a Governor was the same date as the next biennial primary election. elected for a term of four years next preceding the filing of the petition. NOTE: Boldfaced type indicates new language; [brackets and (d) An initiative petition shall include the full text of the pro- italic]type indicates deletions or comments. posed law or amendment to the Constitution.A proposed law or amendment to the Constitution shall embrace one subject only and matters properly connected therewith. (e)An initiative petition shall be filed not less than four months before the election at which the proposed law or amendment to the Constitution is to be voted upon. (3)(a)The people reserve to themselves the referendum power, which is to approve or reject at an election any Act, or part thereof,of the Legislative Assembly that does not become effec- tive earlier than 90 days after the end of the session at which the 9 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 78 Measure No. 78 EXPLANATORY STATEMENT LEGISLATIVE ARGUMENT IN SUPPORT Measure 78 amends the Oregon Constitution to give the We urge a"Yes"vote on Ballot Measure 78. Secretary of State 15 more days to verify whether a state initiative Ballot Measure 78 changes the time allowed for the Secretary of or referendum petition contains the required number of qualified State to verify signature petitions from 15 days to 30 days.Ballot signatures. This measure has been referred by the Legislature to Measure 78 does not change the time proponents have for filing the voters at the request of the Secretary of State. initiative or referendum petitions and makes no other change in The Oregon Constitution allows the people to directly propose the initiative or referendum process. laws and constitutional amendments through the initiative power. Under the best of circumstances,the task of verifying the number The people may also approve or reject certain laws passed by the Legislative Assembly through the referendum power. The people signatures of qualified voters within the current 15 day cefereu- may propose an initiative law or amendment,or may order a ref- dum timeline it difficult. cr the number of initiative and recome erendum,by a petition signed by a specified number of qualified dum petitions filed has increased and the process has become voters. If the petition contains the required number of signatures, increasing litigious,the difficulty meeting the timeline for signa an election is held on the proposed law or constitutional ture verification has increased also. amendment. The Secretary of State and the County Clerks, who must verify Petitions containing the signatures of qualified voters must be the signatures, asked for the additional 15 days.The extra time filed with the Secretary of State before the deadline described in will allow them to respond to the unexpected issues that some- the Constitution. The Constitution now requires the Secretary of times arise in the verification process and to ensure the utmost State to determine whether filed initiative or referendum petition integrity in the process while still meeting the constitutional time- contains the required number of signature within 15 days after the line.The Legislature agrees that this is a reasonable request. deadline for filing the petition. Again,we urge a"Yes"vote on Ballot Measure 78. Measure 78 extends the time period for verifying signature from 15 to 30 days after the deadline for filing the petition. This Committee Members: Appointed By: measure does not shorten the time for filing petitions for signature Senator Charles Starr President of the Senate verification and makes no other change in the initiative or refer- Representative Richard Devlin Speaker of the House endum process. Representative Kevin L.Mannix Speaker of the House If approved by voters, Measure 78 takes effect June 15,2000, (This Joint Legislative Committee was appointed to provide the legislative and applies to initiative and referendum petitions filed for signa- argument in support of the ballot measure pursuant to ORS 251.245.) ture verification on or after that time. The current 15 day provision will apply to initiative and referendum petitions filed for signature verification prior to June 15,2000. Committee Members: Appointed By: Senator Charles Starr President of the Senate Representative Kevin L.Mannix Speaker of the House Don McIntire Secretary of State Lloyd Marbet Secretary of State David Hunnicutt Members of the Committee (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) i +I i 10 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Leasure No. 78 Measure No. 78 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION Ballot Measure 78 Ensures Fairness Argument Against Measure 78 Ballot Measure 78 would amend the Oregon Constitution allowing A portion of the 1st Amendment of the U.S.Constitution affirms the Secretary of State's office 30 days to verify signatures in order the right of the people"to petition Government for the redress of to qualify ballot measures.A 15-day increase would not be intru- grievances:' It should be clearly understood the first ten amend- sive to the initiative process and would ensure that each signature ments comprising the Bill of Rights are only amendments in spirit. in a random sample is verified correctly. In order to gain ratification a number of States demanded the The Oregon Constitution states that a qualifying initiative petition Bill of Rights as a condition of approval for at the Conventions must submit a list of signatures equal to eight percent of the total adopting the U.S. Constitution.The citizens of this nation were concerned about misconstruction number of qualified voters who cast votes for all gubernatorial the abuse of powers by candidates at the last governor's election.According to the 1998 government.These concerns were coo nveyed by the Congress in election,this number is equal to 89,048 valid signatures in order 1789 recommending approval of the Bill of Rights. for a measure to qualify.The Oregon Secretary of State's office With the growth of government it has become increasing difficult, must verify these signatures.If this verification process was not in if not unsuccessful at times,to address achieve"redress of griev- place, signatures could be duplicated, forged, or solicited out of ances"at the state and federal level. Due to differences of inter- state,negatively impacting our general government. pretation and opinions even statewide initiatives have been Currently, The Oregon Constitution provides only 15 days--less twisted or ignored for various reasons;some of which are good than a month--for the Secretary of State to process and verify ran- reasons. dom samples of proposed qualifying signatures.This amount of Those that sponsor this measure, I believe,think that we the peo- time was adequate in previous years when only a few initiatives ple of Oregon are not intellectually astute,thus are not capable of managed to quality for the ballot.However, recent elections have. governing ourselves.This is just not true. Indeed, we the people shown that the number of people participating in the initiative peti- of Oregon are in touch and do have a grasp of reality, probably tion process is growing. This development is creating serious better than the sponsors of this measure.We have just become problems for the verification process. discouraged and down trodden by many oppressive and unnec- The Secretary of State's office is forced to employ temporary essary laws and policies. When these laws and policies need workers and pay gross amounts of overtime in order to process amendment or down right removal, the elected officials in our signatures in the given 15 day period. Ballot Measure 78 would Government should comply with our mandate and not attempt to p reinterpret our actions or motivations or ignore us completely.As positively impact the initiative process.The extra 15 days would they have found criticism with that method, they now attempt to help the Secretary of State's office cut overtime costs and stream- line efficiency. bog down the process of initiative petition by requiring an unde- fined and ever changing number of signatures to bring measures The answer to solving this problem is clear.If you want the initia- before the people. tive process to be properly verified with the greatest amount of You are urged to oppose Measure 78. diligence and you want a just verification process that does not cut corners and cost taxpayers, then Ballot Measure 78 is the Respectfully submitted, correct choice. Peggy L.Boquist Vote Yes on 78. Dallas,Oregon (This information furnished by Bob Shiprack,Oregon Building Construction (This information furnished by Peggy L.Boquist,Dallas,Oregon.) &Trades Council.) f� r (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 11 Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 House Joint Resolution 21—Referred to the Electorate of Oregon which is to approve or reject at an election any Act, or part by the 1999 Legislature to be voted on at the Primary Election, thereof,of the Legislative Assembly that does not become effec- May 16,2000. tive earlier than 90 days after the end of the session at which the Act is passed. (b)A referendum on an Act or part thereof may be ordered by BALLOT tlt�C a petition signed by a number of qualified voters equal to four e of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition.A refer- endum petition shall be filed not more than 90 days after the end of the session at which the Act is passed. (c)A referendum on an Act may be ordered by the Legislative Assembly by law. Notwithstanding section 15b, Article V of this Constitution, bills ordering a referendum and bills on which a tl "� ' #� fi1 �Etfri�•; referendum is ordered are not subject to veto by the Governor. die ft3 ptac irtii { 191 i;dS#If0(]Cn rsrt bai (4)(a)Petitions or orders for the initiative or referendum shall be .T L3 "#i " fl,"�"VpttOts Irra ►tatn #irtS filed with the Secretary of State.The Legislative Assembly shall k provide by law for the manner in which the Secretary of State dto pike�nsitve at1t t�cSffit shall determine whether a petition contains the required number �� rrrtds'c�tttta 'ittt� fCtf �tQkftlCl of signatures of qualified voters.The Secretary of State shall com- plete the verification process within the 15 day period after the y rtmbr- qutifcf vt}terf qtl tt!$pent tff�3 last day on which the petition may be filed as provided in para- graph (e)of subsection (2) or paragraph (b)of subsection (3)of ��tt� a M1tttC f�til ` this section. �j�1tat�r tslittttirf #zaliot<to t frercenf of: (b) Initiative and referendum measures shall be submitted to tlt�ft of of vates O t fot: 1 t;�(tf > (��t loft fs�° the people as provided in this section and by law not inconsistent to Ilrt� c�� roti Nutt: therewith. s P_ 1 (c)All elections on initiative and referendum measures shall be (� � ttrtir )�fiets# n held at the regular general elections,unless otherwise ordered by the Legislative Assembly. Bi1t 1E Itity3' X51rt1f� (d) Notwithstanding section 1, Article XVII of this Constitution, y an initiative or referendum measure becomes effective 30 days fi$7F �u�k FGt �IMr 1!K bi iE R l�k 3� t �y�ar "Irt addtticsnafrgntttafitrt t ost after the day on which it is enacted or approved by a majority of ax'tig" x the votes cast thereon.A referendum ordered by petition on a part of an Act does not delay the remainder of the Act from becoming effective. (5)The initiative and referendum powers reserved to the peo- ple by subsections(2)and(3)of this section are further reserved TEXT MEASURE to the qualified voters of each municipality and district as to all local,special and municipal legislation of every character in or for Be It Resolved by the Legislative Assembly of the State of their municipality or district.The manner of exercising those pow- Oregon: ers shall be provided by general laws, but cities may provide the manner of exercising those powers as to their municipal legisla- PARAGRAPH 1. The Constitution of the State of Oregon is tion.In a city,not more than 15 percent of the qualified voters may amended by creating a new section 1d to be added to and made be required to propose legislation by the initiative, and not more a part of Article IV, and by amending section 1, Article IV, such than 10 percent of the qualified voters may be required to order a sections to read: referendum on legislation. Sec.1.(1)The legislative power of the state,except for the ini- (6)Making Signature Gatherers Be Registered Oregon Voters. tiative and referendum powers reserved to the people, is vested A person gathering signatures on an initiative or referendum peti- in a Legislative Assembly,consisting of a Senate and a House of tion shall be registered to vote in this state in the manner provided Representatives. by law. (2)(a) The people reserve to themselves the initiative power, SECTION id.(1)The amendment to section 1 of this Article which is to propose laws and amendments to the Constitution and by House Joint Resolution 21 (1999) does not apply to any enact or reject them at an election independently of the initiative petition that,if filed with the Secretary of State with Legislative Assembly the required number of signatures of qualified voters,will be (b)An initiative law may be proposed only by a petition signed submitted to the people at the general election held on the by a number of qualified voters equal to six percent of the total first Tuesday after the first Monday in November 2000. number of votes cast for all candidates for Governor at the elec- (2)The amendment to section 1 of this Article by House tion at which a Governor was elected for a term of four years next Joint Resolution 21 (1999)does apply to any initiative peti preceding the filing of the petition. tion that,if filed with the Secretary of State with the required (c) An initiative amendment to the Constitution may be pro- number of signatures of qualified voters,will be submitted to posed only by a petition signed by a number of qualified voters the people at a general election occurring after the first equal to[eighfJ 12 percent of the total number of votes cast for all' Tuesday after the first Monday in November 2000,regardless candidates for Governor at the election at which a Governor was of when the prospective petition for the initiative petition is elected for a term of four years next preceding the filing of the filed. petition. (3)This section is repealed December 31,2002. (d) An initiative petition shall include the full text of the pro- posed law or amendment to the Constitution.A proposed law or PARAGRAPH 2.The amendment proposed by this resolu- amendment to the Constitution shall embrace one subject only tion shall be submitted to the people for their approval or and matters properly connected therewith. rejection at a special election held throughout this state on (e)An initiative petition shall be filed not less than four months the same date as the next biennial primary election. before the election at which the proposed law or amendment to the Constitution is to be voted upon. NOTE: Boldfaced type indicates new language; [brackets and (3)(a)The people reserve to themselves the referendum power, italic]type indicates deletions or comments. 12 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 EXPLANATORY STATEMENT LEGISLATIVE ARGUMENT IN SUPPORT Measure 79 amends the Oregon Constitution to increase the Vote"Yes"on Measure 79. number of signatures needed to place an initiative amendment to Measure 79 protects the initiative process the Oregon Constitution on the ballot. and the Oregon Constitution The Oregon Constitution allows the people to directly propose The Oregon Constitution is the fundamental document of state amendments to the Oregon Constitution through the initiative process. The people may propose an initiative amendment to the government describing the rights of Oregonians and the duties of Constitution by a petition signed by a specified number of quali- government.Only the people can amend the Constitution,not the legislature. fied voters. If the petition contains the required number of signa z tures,an election is held on the proposed amendment. The initiative process has become Currently, to qualify for the ballot, a petition amending the a favorite tool of special interests Constitution must be signed by a number of qualified voters equal Oregonians adopted the initiative process to limit the influence of to eight percent of the total number of votes cast for all candidates special interests. However, with voter turnout at historically low for Governor at the last election at which a Governor was elected levels, it has become easier to qualify an initiative for the ballot, for a full term. and the initiative has become a favorite tool of special interests. Measure 79 increases the number of signatures required for When a poorly drafted initiative becomes part of the Constitution, initiative amendments to the Constitution from eight percent to 12 it can only be fixed by yet another constitutional amendment. percent of the total number of votes cast for all candidates for Oregon has a very low signature requirement Governor at the last election at which a Governor was elected for a full term. A statutory initiative requires the signatures of qualified voters equal to six percent of the total votes cast in the most recent elec- If approved,Measure 79 applies only to initiative amendments tion for governor.A constitutional initiative requires the signatures to the Constitution to be voted on after the November 2000 of qualified voters equal to only eight percent of the total votes general election. cast. The low signature requirement for constitutional amend- ments encourages petitioners to use constitutional initiatives even Committee Members: Appointed By: when the proposed change should be made by statute. Senator Neil Bryant President of the Senate Initiatives clutter the Constitution Representative Max Williams Speaker of the House Represenative Ben Westlund Secretary of State Since 1992,almost 60 percent of initiatives qualified for the ballot Senator Rick Metsger Secretary of State have proposed constitutional amendments. Issues addressed in Representative Lane Shetterly Members of the Committee constitutional initiatives currently approved for signature gathering include a gross receipts tax, growing marijuana, prepayment of (This committee was appointed to provide an impartial explanation of the state real estate loans,and collective bargaining. ballot measure pursuant to ORS 251.215.) Measure 79 improves the initiative process By increasing the signature requirements for constitutional initia- tives, Measure 79 encourages statutory changes and discour- ages unnecessary and inappropriate constitutional amendments. Vote"Yes"on Measure 79. Committee Members: Appointed By: Senator Neil Bryant President of the Senate Representative Lane Shetterly Speaker of the House Representative Max Williams Speaker of the House (This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to ORS 251.245.) 13 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Vote Yes on Ballot Measure 79 THE AMERICAN CIVIL LIBERTIES UNION OF OREGON This election year, approximately 45 initiative petitions are being URGES YOU TO VOTE YES ON MEASURE 79 actively circulated for qualifying signatures. The Oregon Measure 79 will help protect the Oregon Bill of Rights. Constitution stipulates that a number equal to only 8%, less than Do you remember Measures 9 & 13—the Oregon Citizens 1/10th of Oregonians who voted in the last gubernatorial election, Alliance anti-gay ballot measures from 1992 and 1994? Both of is needed in order for an initiative petition to qualify for the ballot. those divisive initiatives were proposed constitutional amend- Previously,the Oregon Initiative Process was seen as a last resort ments.They were designed to partially repeal the basic rights of for citizens to act. On occasion, the Oregon Legislature was all Oregonians that have been in our constitution since 1859. unable to come to a decision on an issue the people of Oregon Measure 79 would require groups like the OCA to prove they have more support from voters before such divisive mea- found very important.Citizens would circulate a petition and the sures could reach the ballot. people of Oregon would vote their conscience. Fast forward to present day Oregon.The Initiative Process is a Measure 79 would protect our basic rights. Very few business used as a way to usurp the public meeting process and states make it as easy as Oregon does to amend its constitution general government.Our legislature is designed to make many of through the initiative process.Of the more than 160 t proposed the decisions currently being circulated as initiative petitions. initiatives ets cycle,already filed with the Secretary of State in this These issues require direct knowledge of the Oregon election he Con are proposed constitutional amendments Constitution, they take time to decipher and time to form an Amending the Constitution shouldn't be something we do on a opinion.Don't we elect legislators to do this job? whim.It shouldn't be so easy to take away our basic rights. Chief petitioners are circulating petitions and paying companies Measure 79 will help avoid costly mistakes. Too many initiatives have put provisions in the Constitution that should have and individuals to collect signatures for any legal idea they can get a petition for.We find petitioners at the grocery store, coffee been statutes.Measure 17,the prison work amendment,has had shop and any other public venue that might yield an unwitting sig- to go back to voters twice since it was first passed in 1994 to fix nature.While none of this is illegal, it is certainly reprehensible. mistakes.If Measure 17 hadn't been a constitutional amendment, the Legislature could have easily made those changes and we Ballot Measure 79 is one small step toward alleviating this wouldn't have needed costly new elections. growing nuisance. By increasing the number of signatures MEASURE 79 WILL RESTORE NEEDED BALANCE needed to verify a ballot by a mere 4%, Oregonians can retake TO THE INITIATIVE PROCESS control of their government. Increasing the number of signatures VOTE YES ON MEASURE 79 will ensure that at least 12%of recent voting Oregonians have an opportunity to decide what they vote on in the next election. (This information furnished by David Fidanque, American Civil Liberties A ballot measure should have to qualify with at least 1/10th of union of Oregon.) the state's voting population. Vote yes on Measure 79. (This information furnished by Bob Shiprack,Oregon Building Construction &Trades Council.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 14 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Former Senator Mark Hatfield The purpose of Measure 79 is to encourage sponsors of Speaks Out on Measure 79 initiative petitions to submit their measures as statutes I am asking you to vote YES on Measure 79.Let me explain why. rather than constitutional amendments. Like the U.S.Constitution,Oregon's constitution is the fundamen More than 100 initiatives that would amend the Oregon tal law of the land in Oregon.Unlike the U.S.Constitution, which Constitution have been filed for the November 2000 general elec- is difficult to amend, Oregon's constitution has become increas- tion. Many of the initiated constitutional amendments propose ingly easy to change using ballot initiatives. public policies and programs that would more appropriately be enacted as statutes. Sponsors of these measures are obviously Between 1950 and 1990, initiatives were used to amend the trying to bypass the deliberation,checks and balances and public Oregon constitution twice every ten years on average.But since input opportunities built into the regular legislative process. 1990, the constitution has been amended 11 times by initiative. This is creating several problems: Thankfully, many more constitutional initiatives were defeated by voters.But the onslaught continues.This year a record 105 pro- Some initiated amendments have drafting errors and ambi- posed constitutional initiatives have been filed as of March 2. guities that can be corrected only by subsequent constitu- Many are measures drafted by special interests to circumvent the tional amendments,which the voters may or may not enact. checks and balances built in to Oregon's constitution to protect (Example: tax limit Measure 47 of 1996, which had to be against bad laws. Oregonians deserve better, and so does our completely rewritten and resubmitted by the 1997 constitution. legislature). The fact is,it's just too easy for a special interests to put measures Changing times and circumstances create new needs that on the ballot.Measure 79 will make it bit more difficult. can be addressed only by subsequent constitutional amend- Measure 79 increases the required number of valid voter ments. (Example: the 1984 lottery amendment which has signatures on an initiative for a constitutional amendment from required two subsequent amendments to expand the pur- 8 percent to 12 percent of votes cast in the previous election for poses for which lottery revenue may be used.) governor. It's not a huge increase, but it will help reduce the Some initiated amendments have been found to be incon- volume of ballot proposals aimed at changing the constitution that sistent with federal law and required further amendments to provides the basic framework for governing our state and the cure the defects. (Example: Measure 17 of 1994, requiring basic rights of its citizens.Protect those basic rights from special full time work or training for prison inmates). interests that want to change them. A constitution is supposed to establish the fundamental frame- Please join me in voting YES on Measure 79. work for state government: its organization structure, limitations Mark O.Hatfield on its powers, basic processes for exercising its powers,and the rights of citizens against the government. Ordinary statutes put (This information furnished by Mark O.Hatfield.) into the constitution evade substantive judicial review for consis- tency with these basic principles. Measure 79 would still leave Oregon with lower signature requirements than Arizona and Oklahoma, which require 15 percent for a constitutional amendment. Let's end abuses of the initiative process:your vote for Measure 79 will help. Katherine Eaton Dave Frohnmayer Albert Kitzhaber Annabel Kitzhaber Hugh McKinley Joe Richards Jean Tate Ken Tollenaar Jim Torrey (This information furnished by Ken Tollenaar.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 15 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Former Secretary of State Supports Measure 79 Oregon League of Women Voters Supports Measure 79 Fellow Oregonians: The Oregon League of Women Voters has carefully reviewed As Oregon's former Secretary of State(1991-99), I'm supporting Ballot Measure 79.We believe it is an appropriate and helpful pro- Measure 79 because it better protects Oregon's Constitution–our tection to make sure the Oregon constitution isn't easily changed basic framework document of citizen rights and government at the whim of any special interest group. limits.It deserves our strong support. Our constitution is the basic framework of state government During the last decade,almost 60 percent of the 48 initiatives con- and the source of important protections for our basic rights as sidered by voters proposed to amend Oregon's Constitution. citizens. Some of those proposals--such as term limits -- needed to be Measure 79 is not a limit on direct democracy, but an encour- constitutional amendments to take effect. agement to petitioners to propose changes to state statutes rather the constitutional amendments. Statutory changes may more But many, many others had utterly no business being part of readily respond to change if times warrant changes. Statutory Oregon's Constitution, even if you-believed they were terrific changes are subject to checks and balances provided in our ideas. constitution. Constitutional initiatives avoid those checks and balances, leaving the constitution vulnerable to faulty wording, Forcing insurance companies to reimburse chiropractors a certain frivolous ideas and bad law. way. Requiring annual testing of students. Prohibiting certain union payroll deductions.And on and on. Oregon's process for amending the constitution by initiatives is one of the easiest processes in the country.More than 100 initia- Over and over,advocates of this and that cause have tried to turn tives that would amend the Oregon constitution have been filed Oregon's Constitution into a giant corkboard,full of various policy for the November 2000 General Election.Passage of Measure 79 post-it notes and thumbtacks representing this or that"hot button" hopefully will reduce the number of constitutional amendments on cause of the moment. the ballot. That's inexcusable–and a real danger to our rights as citizens. Please join us in voting YES on Measure 79. When inappropriate laws are forced into the Constitution, (This information furnished by Paula Krane,President,League of Women Oregon's own Bill of Rights can no longer serve as a protection Voters of Oregon.) again unwarranted government intrusion. It can also be costly in other ways. When such initiatives are poorly drafted, a special election is often required to correct mistakes,at a cost of more than$1 million. Measure 79 won't completely "fix"the problem of inappropriate Constitutional amendments–but it will help a great deal. For regular laws–so called"statutory"changes–initiative propo- nents now need valid signatures equal to 6 percent of the votes cast in the previous governor's race. Constitutional amendments currently require just 8 percent. Measure 79 keeps the 6 percent threshold for regular law changes–but increases the 8 percent"constitutional"threshold to 12 percent, reducing Constitutional clutter and diverting initiative energies into the more appropriate,statutory realm. Vote yes for Constitutional integrity– and common sense.Vote Yes on Measure 79. Phil Keisling (This information furnished by Phil Keisling.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 16 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION The statewide bipartisan Oregon Initiative Committee supports Measure 79 is a power grab by state politicians that turns the prin- Ballot Measure 79,and we want to tell you why. ciple of"of the people, by the people, and for the people"on its The Oregon Constitution is Oregon's charter of government head.The Oregon Constitution is a contract between the people and citizen rights.Amending it should be more difficult than pass- of Oregon and their government, and voters have the right to amend this contract to meet the people's needs. Measure 79 ing a law. would drastically reduce the number of citizen-initiated amend- It's too easy to amend Oregon's Constitution by the initiative.It ments that make the ballot,while leaving legislators free to put as takes 6%of the last vote for governor(66,786 signatures)to put many amendments on the ballot as they choose.In deed,during a law on the ballot, but only 8% (89,048 signatures) to put an the same session in which legislators approved making it more amendment on the ballot.The difference in signatures is so slight difficult for citizens to amend the constitution, they passed 19 that many initiators pay no attention to it. Why do they go for constitutional amendments of their own. amendment?Because a constitutional amendment, unlike a law, This is not just hypocritical, but also a dangerous power grab. can only be corrected or repealed by another constitutional Politicians don't put amendments on the ballot that challenge their amendment. own power, or challenge the power of the special interests that Look at what is happening. As of March 1, 2000, 162 ballot fund their campaigns.Voters need a mechanism to amend their measures were filed for the November 2000 ballot, double the contract with their government that doesn't depend on career number filed by that date in 1998. 100 of the measures filed are politicians,government employees or lobbyists–that's why I&R is proposed constitutional amendments! 30 of these amendments so important. Measure 79 keeps citizen amendments off the were filed by Bill Sizemore, 22 of them jointly with Becky Miller. ballot, leaving the ballot (and the constitution) in the hands of 9 more were filed by Becky Miller alone or jointly with Stuart Miller. politicians and not the people. Another 10 have been filed by Don McIntire.While some have It is already very difficult for citizens to put amendments on the been withdrawn, and others will not get enough signatures to ballot. Citizens have placed only 130 amendments on the ballot make the ballot,the numbers are startling. since 1902, and only 45 have passed.In contrast,the legislature Crowding the ballot with proposed amendments means less during that time put 299 amendments on the ballot–almost three attention to each one and greater risk that damaging amend- a year.Only 300 initiatives(both statutory and amendment)have ments will slip through. Amending our Constitution should be been on the Oregon ballot in the last 100 years and voters have deliberative,cautious and more difficult than passing a law. only approved 110 of them–about one citizen-initiated law a year. In contrast,the Oregon legislature considered 3,091 laws in 1997 Ballot Measure 79 is a simple, straight forward way to stop alone, passing 871 of them.Thus, in only ONE year the legisla- overuse of the initiative to amend the Constitution.Let's raise the ture passed eight times as many laws as the voters did in 100 signature requirement for amendment from 8%to 12%.Vote YES years! for 79. The Oregon Constitution belongs to the people,not politicians. (This information furnished by Donald J.Sterling,Jr.,John C.Beatty, Jr., William W.Wyse,Cory Streisinger;Oregon Initiative Committee.) (This information furnished by M. Dane Waters, Initiative& Referendum Institute.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 17 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION In 1999 the Oregon Legislature placed this measure on the RALPH NADER'S STATEMENT OPPOSING MEASURE 79 ballot. It is supported by an unholy alliance of big business, big Measure 79 is a naked power grab by the Legislature and the labor and elitists of both political parties. Measure 79 would turn our Clock back to before 1902 when the People adopted a con- corporate vested interests which have historically dominated it. stitutional amendment allowing the People to initiate constitutional The power they seek for themselves has been reserved by and for and legislative changes. This People's right has worked well. the people for nearly a century. There is no need for this radical change that would increase the In 1902,the people of Oregon rose up against their domination signature requirements for initiated constitutional amendments by the railroads,banks,and big corporations.The people created by 50%. for themselves the power of the initiative in order to bypass a legislature corrupted by vested interests. With our present right to amend the constitution and to change The legislature has long coveted this power that the people laws Oregonians have done wonderful things.We preserved the reserved for themselves, and has considered many restrictions right to refer all tax measures, adopted our first corrupt election on initiative power, each designed to tip the balance of power practices act and the right to recall public officials, and gave away from the people and toward the legislature. In 1996, the women the right to vote.Under the change proposed by this mea- legislature proposed Measure 24, which would have enhanced sure those great victories would have been unlikely. legislative power at the expense of citizens and communities. Initiating a constitutional amendment has become increasingly Special interests funded a lavish campaign for Measure 24, but expensive.With rare exceptions only wealth voters wisely and overwhelmingly–rejected it. p p y y persons,big corpor Measure 79 is yet another attempt to expand legislative power rations or large labor organizations can provide the money for obtaining the signatures. This change would make it almost by crippling the citizens' initiative rights. Measure 79 would impossible for ll citizen's group to place a constitutional amend increase the number of signatures required for a constitutional amendment by 50 percent.This would have a devastating impact ment on the ballot.It would be no problem for the wealthy! on the power of ordinary citizens and grassroots groups,yet those During the past 20 years some radical changes have been with big bankrolls could still employ paid petitioners to get on the made to our constitution, all sponsored by wealthy special ballot.With the threat of constitutional amendments diminished, interests, including property tax measures 5 and 47 which have the legislature would feel more free to amend or overrule statutory had a disastrous impact on our public school finance systems, initiatives that had been passed by vote of the people. including our community colleges. Oregonians nearly one hundred years ago reclaimed political power for themselves. The real agenda of those promoting Notwithstanding the recent U.S.Supreme Court decision allow- Measure 79 is to deceive the people into restricting those political ing states to limit campaign contributions to candidates, an rights that their great grandparents struggled so hard to secure for Oregon Supreme Court constitutional interpretation prohibits them. such a limitation. It would not be possible in Oregon unless we No on 79! amend our constitution. This measure would make it almost impossible to change those (This information furnished by Ralph Nader.) provisions. Sincerely, Vern Cook, former State Senator and candidate for election to the State Senate, District 28. Contact me at (503)665-8143, FAX 665-8145, E-Mail cookv@teleport.com and see Web Page at www.verncooklaw.com with your support. (This information furnished by Vern Cook.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 18 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION The Coalition for Initiative Rights urges"NO"on 79 DON'T BE FOOLED! The Coalition for Initiative Rights is composed of groups and VOTE NO ON 79 individuals of the right, left, and center who are united in their A statement by Lloyd K.Marbet determination to defend the citizens'right to the initiative process that Oregonians created nearly 100 years ago. During the last legislative session, when Legislators were busy There are two kinds of initiatives: statutory and constitutional. creating 79,they were also forcing ratepayers to pay hundreds of If a statutory initiative is passed, the legislature can change it. millions of dollars in profit to PGE/Enron for abandoning Trojan. Constitutional initiatives cannot be changed without a vote of the The Legislature overturned Ballot Measure 9, a statutory law people. created by initiative in 1978,that prohibited utilities from charging you for something that you didn't build, you didn't break, and Measure 79 would increase by 50 percent the number of doesn't work signatures required to put a constitutional initiative on the ballot. Did the Legislature ask if you wanted to pay for Trojan:NO! The legislature has shown its contempt for the will of the peo- Did they ask if you wanted to change your law:NO! ple by avoiding or overturning measures passed by the people. This is why Oregonians turn to their Constitution When the people voted for assisted suicide,the legislature put the when they sponsor initiatives. measure back on the ballot for a new vote.When the people voted IT FORCES THE LEGISLATURE TO ASK YOU FIRST! to prevent utilities from requiring ratepayers to pay for abandoned nuclear plants, the legislature passed a law requiring ratepayers In 1996, the City Club of Portland considered the impact of to pay for profit on the abandoned Trojan plant until 2011. increasing signature requirements to amend Oregon's If Measure 79 should pass, there would be no effective Constitution.They found: check on the power of the legislature, and those with the Such changes would simply increase the power and resources to buy legislative power will have us at their advantage of individuals or interests with money com- mercy. pared with individuals or interests with less or no If Measure 79 should pass,those voluntary efforts and grass- resources. roots groups which should be the heart of the initiative system will Measure 79 turns our Constitution over to big monied inter- wither away,and the initiative process will become the reserve of ests! IT STOPS YOU FROM AMENDING THE CONSTITUTION those big corporations and wealthy individuals who can afford to BUT IT DOESN'T STOP THEM!Corporations and rich people hire paid petitioners. will have no problem circulating constitutional initiatives! The initiative system was designed to give power to ordinary If the Legislature had respect for the will of the people,and were people. willing to address our concerns, we wouldn't need an initiative Measure 79 would cut the heart out of the initiative process! If the Legislature had respect for the legislative powers process by taking power that belongs to the people and of the people, it would refer substantive changes to initiative laws giving it to the legislature and the powerful few who have back to a vote of the people. This would reduce the need for long ruled in Salem. Oregonian's to amend their Constitution.In the words of Thomas Jefferson: NO on 79! 1 know no safe depository of the ultimate powers of the (This information furnished by Lloyd K. Marbet, Coalition for Initiative society but the people themselves;and if we think them Rights.) not enlightened enough to exercise their control with a wholesome discretion,the remedy is not to take it from them,but inform their discretion. VOTE N on 79 Phone:503-637-6130 Email:marbet@mail.com (This information furnished by Lloyd K.Marbet.) i (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 19 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION VOTE NO ON 79 THE LEGISLATURE ONLY WANTS YOU TO PASS IT DOESN'T EVEN ADDRESS THE REAL PROBLEM! LAWS THAT THEY CAN CHANGE. The proponents of 79 want to raise by 50%the number of signa- Those pesky voters! They keep trying to control their own tures needed to qualify a constitutional initiative for the ballot. destinies. They keep trying to make their own decisions about They think there are too many initiatives being filed to amend your which direction their state will go.When will they shut up and let Constitution. us politicians make all the decisions? Why do Oregonians choose to amend their Constitution Sound arrogant? Sure does. But apparently, that's what a lot of rather than file a statutory initiative? Sadly a constitutional politicians in Salem think. They see too much self-government initiative stands a better chance of preventing the legislature going on in Oregon and they don't like it. from tinkering with it. Take the example of Ballot Measure 9 The amazing thing about the legislature's attitude toward initia- which was passed into law in 1978.Ballot Measure 9 put limita- tives is that they are patting us voters on the back and insulting us tions on what private utilities could charge ratepayers for in their at the same time.Apparently, when we vote on ballot measures rate base; such as preventing PGE/Enron from charging a we are the ignorant masses, incapable of making intelligent ' profit on dead nuclear plants. decisions regarding matters of public policy.But when we come to In 1999,the Legislature passed House Bill 3220 which overturned the part of the ballot where we choose which politicians will make Ballot Measure 9.If Ballot Measure 9 had been drafted as a con- all those decisions for us, suddenly we are astute voters who stitutional amendment,rather than a statutory law,the Legislature make wise decisions. would have had to refer House Bill 3220 to a vote of the people. Truth is,the politicians in Salem consider the initiative process a Since Measure 9 was a statutory law,the Legislature didn't bother threat to their power,which was what it was intended to be;a way to ask you if you wanted to change it, even though in 1978, of reminding the state legislature that we the people are the ones Measure 9 was passed by an overwhelming margin of 2 to 1. who gave them-their power;and that we have the right to limit that Stop the Legislature from overturning the will of the ReoRlel power when we see fit. If the Legislature was required to seek voter approval of Why did the legislature place Measure 79 on the ballot?Because changes to statutory laws passed by initiative,the number they want voters to place statutory measures on the ballot; not of constitutional initiatives would drop dramatically. constitutional amendments. Why?l Because the legislature can change voter approved statutory laws,if they don't like them. BUT DON'T HOLD YOUR BREATH When we pass a statutory measure,the legislature has a choice. You can bet the Legislature won't restrict itself! They can accept the law.They can change it.Or they can throw it VOTE NO ON 79! out. However,the legislature cannot change a voter approved consti- "I believe there are more instances of the abridgment of the tutional law.They have to accept the will of the voters. freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations" Please, don't weaken the only tool we voters have to keep the President James Madison legislature in line.Preserve Oregon's initiative process.Vote"No" on Measure 79. (This information furnished by Andrew V.Reid.) (This information furnished by Bill Sizemore, Executive Director, Oregon Taxpayers United.) v (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 20 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION This measure takes away your rights and gives them to MEASURE 79 DOES NOT PROTECT THE special interests OREGON CONSTITUTION This measure won't stop wealthy special interests from The political establishment will try to persuade you that the state using the initiative process,but it will guarantee that they're legislature only placed Measure 79 on the ballot to protect the the only ones who can. If this measure passes it will increase sanctity of the Oregon Constitution. the cost of putting a measure on the ballot from about$125,000 They want voters to believe that we need to protect that"sacred to This isn't big problem for the wealthy special inter- document"from all those special interest groups who are clutter- ing our constitution with ordinary laws. But it would be a very big problem for everyday people. People who brought us things like vote by mail. However,the idea that state constitutions are sacred documents that should only contain basic principles regarding the structure of The initiative process is for the people, not wealthy special government and the basic rights of citizens is groundless. interests that's why special interest groups want you to Numerous national studies have found that most state's use their vote for this measure. constitutions to enshrine ordinary laws that they simply do not The whole point of the initiative process is that it grants everyday want the state legislature to change. people the power to be full participants in our government - to bring our ideas before the public for debate and a vote. Oregon's constitution is no different.Want to limit the growth of Oregonians have traditionally prized the people's initiative property taxes or income taxes?You had better place the limit in process as a way to accomplish important things that we believe the constitution or the politicians will ignore it.Want to limit the in. number of terms legislators can serve and keep the legislature a citizen legislature? Better place the limits in the constitution, or But if we pass this measure,it will increase by 50%the number legislators will ignore it. of signatures needed for everyday people to put their ideas on the Why? The state legislature'can change any statutory law they ballot.That means increasing the cost by 50%-or even more! want;voter-approved or not.But they can't change laws that are It is already nearly impossible for average Oregonians to put placed in the constitution.Perhaps that's the real reason why the a measure on the ballot.This measure will make it even more legislature wants to make it much more difficult to place constitu- difficult for average citizens, but will do little to slow down the tional amendments on the ballot. special interest groups from pushing their agenda.Imagine if you Indeed, there is a sacred political document that we should wanted to put your idea before the voters and you had to come protect; that we should not amend lightly:That document is the up with an extra $75,000 beyond what you would have to pay U.S. Constitution, the one document that enshrines the basic currently.This would be the death knell for most citizen campaigns. rights of all Americans. Everything in the Oregon Constitution is And who would be left?The wealthy special interests. Should subject to the U.S. Constitution. Compared to the U.S. they be the only ones allowed to use our initiative process? Constitution,the Oregon Constitution is merely"state law., Please vote NO on 79. Frankly,it is hypocritical to claim that Measure 79 is an attempt to preserve the Oregon Constitution.It is not.It is merely an attempt (This information furnished by Dave Hunnicutt,Oregonians in Action PAC.) by the state legislature to weaken the initiative process, because that process is a threat to their power. (This information furnished by Becky Miller,Oregon Taxpayers United.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 21 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Large corporations and special interest groups can control PLEASE, NO MORE PETITIONERS! the legislature but they can't control the voters.The initiative I'm voting against this measure for one reason: I'm sick of being system is a threat to their power.That is why they have pressured accosted by paid petition circulators everywhere I go. the legislature to put this measure on the ballot. It didn't take much arm twisting though.After all,the politicians in It's bad enough that we have to deal with these mercenaries for a Salem view the initiative system as a threat to their power too. few months every two years.But if Measure 79 passes, we may And isn't power what this measure is really all about? have to put up with them year round! All this measure will do is prevent the everyday citizen from The U.S. Supreme Court has ruled that we can't prohibit paid putting an initiative on the ballot by making it,more expensive.So petitioners, and we cannot even require that they be registered you may have one or two less initiatives on the ballot,but the ones voters.So now we have paid petitioners coming to Oregon from you do have will be paid for by many of the same big corporations California,Alabama, Illinois,and everywhere else under the sun. and special interest groups that want you to pass this measure. Enough,already. More Power! I don't want Oregon to be the best employment opportunity in the You and I can't hire some high powered lobbyist to go to Salem country for these people, so why would I support increasing the and twist arms.That is why we have the initiative system.Do you number of signatures that have to be gathered to place a measure really want to lose that? on the ballot?The number is high enough already.Already,eighty percent of the initiatives never make it to the ballot in spite of the The backers of this measure will tell you that it will prevent the army of paid petitioners out there tugging at our pant legs every huge number of initiatives cluttering up the ballot(most of which time we go to the grocery store. were put there by the legislature and won't be affected by this Measure 79 requires 50% more signatures to get a measure on measure).They will try to convince you that you don't like voting on all these issues. the ballot.If it passes,petition drives will have to start a lot sooner, and we will have many more months of petitioners hanging out in But let's be honest with ourselves.Oregonians like having a say front of grocery stores and post offices,and on every other street on important issues.Oregon's initiative system works and it works corner, just waiting for some hapless shopper to accidentally well. make eye contact. Let's send a message to the power-hungry bureaucrats and lob- No thanks.There are enough paid petitioners already.That's why byists in Salem.Tell them to keep their hands off our initiative I'm voting NO on Measure 79. system!VOTE NO on Measure 79! (This information furnished by Leesa Beaudoin.) (This information furnished by Adam Mayer, State Chairman, Libertarian Party of Oregon.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warranf the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 22 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 Measure No. 79 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION They're back with another sucker-bet.Again, our legislators are It takes a lot of money and time to become a major player around hoping we'll be dumb enough to shoot ourselves in our collective the legislature. feet! They've put another measure on the ballot to crimp our Lobbyists for the big unions and the major chemical and timber initiative process.This time it's Measure 79. industries (people like Paulette Pyle and Craig Hanneman) are These fine lawmakers say Measure 79 is necessary because too there year after year making sure the"right"people get elected, many measures will"clutter"the Constitution.But the fact is,since the "right" information gets provided and the "right issues get the beginning of our initiative process in the early 1900's,virtually legislative attention. all the"clutter'in the Constitution has been put there by legisla- Imagine,after they've spent all that time and money guiding their tive referral, not by the initiative! concerns through the process and getting the results they Last November, these same legislators who don't think we're wanted, how frustrated they must be when a citizen's initiative smart enough to vote on citizen initiatives, put 9 constitutional comes along and says they can't negotiate that sweetheart deal amendments on the ballot.All 7 measures on this ballot have with the state or that voters demand their taxes be lowered. been put there by the Legislature and there will be 8 more of Their answer? Make it 50% harder for the people to initiate con- their amendments this November!So...we're smart enough to vote for all their stuff,but not smart enough to vote for our stuff! stitutional amendments.That way,all their time,effort and money spent making friends with the lawmakers won't go to waste. Here's the real reason they want to make it a lot harder for people This measure has been promoted behind the scenes and put on to exercise their constitutional right to the initiative: it's not really the ballot by lobbyists who think they"can control the legislature, how many initiatives there are, it's what's in the initiatives that but they can't control the people!" bugs them. They know that the initiative and referendum . . .which is one of Vote NO on 79! our greatest constitutional rights . . . is the biggest obstacle to (This information furnished by Greg Wasson,Committee for Petition Rights foolish and expanding government. They know that, and they (CPR).) hate it. Vote NO on 79... BIG TIMEI (This information furnished by Don McIntire, President, Executive Club, Gresham.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 23 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 79 ARGUMENT IN OPPOSITION Measure 79 would increase by 45,000 the number of signatures required on an initiative, raising it to 134,000 for any measure to amend the constitution. The Legislature put this measure on this ballot to increase its own power and the power of the special interests that run the place with their campaign contributions and lobbying. Legislators get huge campaign contributions and"gifts"from the big utilities and corporations who want special treatment,and they get it. If the big money boys win on Measure 79, they will try more schemes to destroy democracy in Oregon.They will have more power than ever before: • power to raise your phone bills • power to increase your electricity and gas rates • power to ruin the forests • power to pollute the air and water • power to raise your taxes,while cutting their own Every measure on this statewide ballot was created by the Legislature,not by the initiative.The 1999 Legislature put 21 of its own measures on this ballot and on the November 2000 ballot, without collecting even one signature.So far,not a single initiative has qualified for the ballot this year, because it is hard to get enough signatures unless you pay for them. Making supporters collect 45,000 more signatures will be no problem for the big money corporations and utilities.They will just buy more signatures. It will hurt only the grass-roots efforts by groups that are not funded by special interests. The people cannot rely only on initiatives that adopt statutes. Because the courts and the Legislature routinely invalidate statutory initiatives.The 1999 Legislature, for example, nullified Measure 9 of 1978 (prohibiting charging ratepayers for dead power plants) in order to allow PGE to charge an additional $304 million to ratepayers for the nuclear broken hulk of Trojan. In 1997,the Oregon Supreme Court in 1997 nullified Measure 9 of 1994(campaign finance reform). VOTE NO (This information furnished by Dan Meek, Voters Net(www.voters.net).) i (This space purchased for$500 in accordance with ORS 251.255.) 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 I Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. Measure No. 80 Senate Joint Resolution 11—Referred to the Electorate of Oregon (e) May also be used for sworn law enforcement officers by the 1999 Legislature to be voted on at the Primary Election, for policing of public highways,roads,streets and roadside May 16,2000. rest areas.Revenues authorized to be used under this para- graph may be used only to increase the budgets for police agencies in order to provide levels of service not authorized BALLOT TITLE by the budgets in effect on the effective date of this amendment. PARAGRAPH 2.The amendment proposed by this resolu- tion shall be submitted to the people for their approval or rejection at a special election held throughout this state on the same date as the next biennial primary election. jyy. Sb ✓ S yR Sr H �R s � cs yit a a NOTE: Boldfaced type indicates new language; [brackets and 3 italic]type indicates deletions or comments. �y✓'M�� F�S��Y 1p &' f 3 EXPLANATORY STATEMENT frf ��tft jQ:i; Section 3a,Article IX of the Oregon Constitution,specifies the Gf�lttttt ( kf�at way governments may use revenues collected from motor vehicle ",vow t�, �,1 � fuel taxes and other taxes and fees on motor vehicles. Under the current provision,the revenues may be used for the construction, reconstruction, improvement, repair,maintenance,operation and uc Iltr�4 $ ppllt�c � £ rr use of public highways,roads,streets and roadside rest areas in this state. Ballot Measure 80 proposes an amendment to this section to allow revenues from motor vehicle fuel taxes and from d tft { [� p�1 �( �t�d other taxes or fees imposed on motor vehicles to be used for it policing highways, roads, streets and roadside rest areas. The revenues may not replace moneys currently appropriated for VIA police agencies but may only be used to increase service levels ] f� from the levels in effect on the effective date of the amendment. eft ( lfs � Committee Members: Appointed By: Senator Lenn Hannon President of the Senate Representative Juley Gianella Speaker of the House Representative Jeff Kruse Secretary of State Senator Joan Dukes Secretary of State Senator Marylin Shannon Members of the Committee TEXT OF MEASURE (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) Be It Resolved by the Legislative Assembly of the State of Oregon: PARAGRAPH 1. Section 3a, Article IX of the Constitution of the State of Oregon, is amended to read: Sec.3a. (1) Except as provided in subsection (2) of this sec- tion, revenue from the following shall be used exclusively for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways,roads,streets and roadside rest areas in this state: (a)Any tax levied on,with respect to,or measured by the stor- age, withdrawal, use, sale, distribution, importation or receipt of motor vehicle fuel or any other product used for the propulsion of motor vehicles;and (b)Any tax or excise levied on the ownership,operation or use of motor vehicles. (2) Revenues described in subsection(1)of this section: (a) May also be used for the cost of administration and any refunds or credits authorized by law. (b)May also be used for the retirement of bonds for which such revenues have been pledged. (c) If from levies under paragraph (b) of subsection (1) of this section on campers, mobile homes, motor homes,travel trailers, snowmobiles, or like vehicles, may also be used for the acquisi- tion, development, maintenance or care of parks or recreation areas. (d) If from levies under paragraph (b) of subsection (1)of this section on vehicles used or held out for use for commercial pur- NO ARGUMENTS IN OPPOSITION TO THIS BALLOT poses, may also be used for enforcement of commercial vehicle MEASURE WERE FILED WITH THE SECRETARY OF STATE. weight,size,load,conformation and equipment regulation. 25 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 80 Measure No. 80 LEGISLATIVE ARGUMENT IN SUPPORT ARGUMENT IN FAVOR We urge a"Yes"vote on Ballot Measure 80. ARGUMENT IN FAVOR OF MEASURE 80 THIS MEASURE DOES"NOT"RAISE TAXES! POLICING Funding for patrol of Oregon's highways has declined One word, policing, when RESTORED to the Oregon dramatically while population and highway use have soared Constitution, regarding the use of the highway funds, will make A primary duty of Oregon law enforcement agencies is to provide our freeways and highways safer. a uniformed patrol presence on Oregon's highways to increase NO NEW TAXES ARE REQUIRED. traffic safety, enforce laws and respond to emergencies. Prior to 1980, the Oregon Constitution permitted the use of the State If you've seen road rage,excessive speed,following too close and Highway Fund to support the Oregon State Police.Funding for the reckless driving, think what more and more traffic will mean. State Police was removed from the list of authorized uses of the Passing Measure 80 will put more officers on the roads to help Highway Fund by a joint resolution referred by the Legislature for stop these hazards. a vote of the people. Oregon Department of Transportation transfers money from highway funds to city and county governments for street and road- Since that funding change: work. In its 1999-2000 budget, ODOT projects transfer of $326 • Population has increased over 23 percent; million to the counties and $191 million to the cities. Passing • The number of registered vehicles has increased over 45 Measure 80 will allow city police and county sheriffs to seek some percent; of this money from their governing agencies to hire additional officers for road and street patrols. • The number of licensed drivers has increased over 33 percent' The Oregon State Police will have to work with the Governor and and the Oregon Legislature to secure money from the highway fund • The miles traveled on Oregon highways have increased over for additional troopers.The cost of more troopers will have a mini- 64 percent.. mal impact on the highway fund as ODOT web site shows$1.398 During the same time,the patrol strength of the State Police has BILLION for highways in its 1999-2000 budget. been reduced by 37 percent! Our personal concern is with officer safety. Since 1980 Oregon State Police presence on Oregon highways has declined 34 per A"Yes"vote will provide a consistent,visible cent, while.licensed drivers have increased over 30 percent. uniformed patrol presence on Oregon highways to Backup for an officer is seriously lacking for both county sheriff's improve traff ic safety,save lives and reduce crime deputies and state police troopers,which puts them at unaccept- Ballot Measure 80 will permit state and local jurisdictions to use able risk. revenue from fuel taxes and motor vehicle fees (the Highway Please reverse this very serious loss by voting yes on Measure Fund)to pay for policing Oregon's highways. It will not, however, 80 require any governing body to use Highway Funds for this pur- pose. By authorizing funds for patrol activity from the Highway Submitted by Lloyd and Lolita Clodfelter in memory of OSP Fund, we can ensure a stable, long-term source of funding. By Senior Trooper Bret R. Clodfelter and his late wife, Clackamas restoring a consistent, visible uniformed patrol presence on County Reserve Deputy Rene K.Clodfelter.Lloyd and Lolita are Oregon's highways,we can improve traffic safety, save lives and co-founders of Help Our Troopers, and currently serve as reduce crime.Ballot Measure 80 is written so that funding can be President and Secretary. used to increase service levels, but the funds cannot replace funds currently appropriated for police agencies. (This information furnished by Lloyd and Lolita Clodfelter.) Again,we urge a"Yes"vote on Ballot Measure 80. Committee Members: Appointed By: Senator Lenn Hannon President of the Senate Representative Juley Gianella Speaker of the House Representative Jeff Kropf Speaker of the House (This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to ORS 251.245.) (This space purchased for$500 in accordance with ORS 251.255.) 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. 26 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 80 Measure No. 80 ARGUMENT IN FAVOR ARGUMENT IN FAVOR The Oregon State Police Officers' Association respectfully asks The"Citizens for safe streets, roads and highways"urges you to that you vote YES on Ballot Measure.80. vote YES on ballot measure 80 on election day. As police officers,every day we see the grim statistics in life and Ballot Measure 80, was passed by the 1999 Oregon Legislature death situations on your highways.Incidents of ROAD RAGE are as a means of providing an additional funding source for traffic no longer isolated, as reported by Oregonians who confront it on safety enforcement at all levels of government in Oregon. a daily basis. Ballot Measure 80: Because of increasing pressure on the State's General Fund to • Does not change the primary use of Highway Fund revenues provide financing for our schools, your Oregon law enforcement for construction, improvement, reconstruction, repair,etc. community asked the 1999 Oregon Legislature to support a mea- • Allows that revenues used can only be for sworn law enforce- sure which would allow State,County,and City police agencies in ment officers and only for the purpose of policing of public high- Oregon to once again access the Highway Fund.The purpose is ways roads streets and roadside rest areas. to increase policing of public streets, roads, highways, and road- • Allows decisions to use the Highway revenues for traffic safety side rest areas. to be made at the local levels. The 1999 Oregon Legislature passed the measure (SJR11) and • Will allow that revenues may be used only to increase the bud- referred it to you as Ballot Measure 80. If passed, it would allow gets for police agencies in order to provide levels of service not the use of already collected gas taxes to fund increased patrols authorized by budgets in effect on the effective date of this amendment. on your streets, roads, highways, and roadside rest areas if approved by the appropriate elected officials. AYES VOTE on this measure would allow a Chief of Police, Sheriff or the Superintendent of State Police to go to their Ballot Measure 80: respective governing bodies and request these additional revenues. • DOES NOT increase your taxes. Example: • DOES NOT allow police agencies to replace/backfill their A city police chief has received complaints from citizens of their current budgets with highway fund monies. concern for increasing traffic violations within the city.The acci- • DOES NOT require any governing body to use their highway dent rate has increased along with the population.The Chief has funds for policing. determined that a police officer dedicated to traffic enforcement • DOES NOT change the primary use of highway fund rev- would assist in solving the problem. The chiefs budget cannot enues for construction, improvement, reconstruction, repair, support another police officer position.The chief could go to the etc. city council and request funds for the additional officer from their Ballot Measure 80: portion of the Highway revenues that they receive from the state. • DOES allow police agency heads to seek approval from their • This ballot measure does not require that any governing body governing bodies to add new law enforcement officers for use their portion of the Highway revenues for this purpose policing of streets,roads,highways,and roadside rest areas. • There are no additional taxes attached to this measure Your safety is very important to us. We believe there are three (This information furnished by Glen Rader,Jr., Citizens For Safe Streets, prongs to safe highways: Engineering, Education, and Roads and Highways.) Enforcement. Engineering and Education are currently provided for in the highway fund.You can help your Oregon law enforce- ment to increase safety on our streets,roads,highways,and road- side rest areas by voting YES on Ballot Measure 80. (This information furnished by James Botwinis, Oregon State Police Officers'Association.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 27 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 80 Measure No. 80 ARGUMENT IN FAVOR ARGUMENT IN FAVOR GOVERNOR ATIYEH SAYS VOTE YES ON MEASURE The Oregon State Sheriffs Association supports Ballot Measure In 1980,as Governor of Oregon,the word"policing"was removed 80,and urges you to vote YES on Measure 80. from the Oregon constitution for what Highway funds could be Measure 80 would allow cities and counties to use some of their used for. share of the Highway Trust Fund dollars to pay for police officers At that time we had experienced gas rationing, odd and even and deputies to patrol our public streets,county roads,state and license days, and long lines at the gas station.This experience interstate highways,and rest areas.Measure 80 would also allow the Oregon Legislature to use money from the Highway Trust meant that the revenues from our gas tax both at the state and Fund to put more State Troopers on the road. federal level were drastically reduced. Times have changed. Our Oregon law enforcement community Measure 80 es not require state or local governments to use Trust Fund dollars,it simply gives them the option.The decision is patrolling Oregon's streets, roads, and highways have dramati- up to the local city council or county commission to decide left cally declined while the population and highway use have soared. what is best at the local level, and leaves the decision to the A YES vote will provide a consistent,visible uniform patrol pres- Legislature at the state level. ence on Oregon streets, roads, and highways, to improve traffic Measure 80 does not raise you taxes one cent!Measure 80 sim- safety,save lives and reduce crime. ply gives state and local governments more flexibility in the use of THIS BALLOT MEASURE WILL NOT RAISE YOUR TAXES existing funds. By authorizing funds for patrol activity from the Highway Fund,we Measure 80 does not mean that important transportation or con- can ensure a stable, long-term source of funding that our police struction projects will be cancelled.Measure 80 simply follows the need. premise that local communities know best what their needs are, VOTE ON BALLOT MEASURE 80 IS NOT JUST A GOOD and gives local communities the greatest flexibility possible in AYES V THING O O, IT IS THE RIGHT THING IS DO. addressing those needs. If a local community decides that it is more important to pay for a lane widening project,or an intersec- VICTOR ATIYEH tion improvement project,nothing in Ballot Measure 80 would stop that.If, however, the local community felt it were more important (This information furnished by Victor Atiyeh.) to provide speed patrols in school zones, or provide 24 hour police response on rural roads,they could choose to do so. We want the Citizens of Oregon to know that you and your fami- lies can travel Oregon in safety,and that when you need help that you can count on us to be there quickly We are not asking you for more money, we are asking you to let us do more with what you have given us. Vote YES on 80. (This information furnished by Arthur Martinak,The Oregon State Sheriffs Association.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 28 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 80 ARGUMENT IN FAVOR Dear Oregonians: I am proud to support Ballot Measure 80. It would provide an option for using highway funds for enforcement of traffic laws. Oregonians should be able to travel safely on our road system, and I believe adequate funding for state, county and city police traffic patrols is essential to improving highway safety.With more and more cars on the road each day, there is a clear need for increased patrols,especially in those areas designated as safety corridors. Highway safety is a function of three things, engineering, educa- tion, and enforcement.Today we do a good job designing safe roads and we do a good job of ensuring that drivers understand their obligations to safely operate motor vehicles.However,we are not doing as good a job at providing for enforcement of our traffic laws and service to our citizens on our highways.Measure 80 can help us improve our level of patrol service. It is important to understand that Measure 80 does not raise gas taxes and it does not require a penny to be spent on law enforce- ment.Rather,the measure is permissive and leaves funding deci- sions to state and local budget processes.I would not be asking you to support this measure if it required the diversion of funds from road system maintenance and construction. As Governor, my priority for gas tax funds is our road system.At the same time I cannot ignore the necessity of providing a road system that is safe for our families to travel. Measure 80 would protect the lives of Oregonians by providing us with the flexibility to address critical highway safety issues. This is why I am supporting Measure 80 and this is why I am asking you to join me in supporting this measure to improve our ability to protect the lives and safety of all Oregonians. Sincerely John A.Kitzhaber Governor of Oregon (This information furnished by John A.Kitzhaber.) (This space purchased for$500 in accordance with ORS 251.255.) The printing of this argument does not constitute an endorse- ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. 29 Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 House Joint Resolution 2—Referred to the Electorate of Oregon EXPLANATORY STATEMENT by the 1999 Legislature to be voted on at the Primary Election, May 16,2000. The Oregon Constitution guarantees a right to a jury trial. One element of the right to a jury trial is that the amount of dam- BALLOT TITLE ages assessed in most civil cases must be decided on the facts of each case by a jury. Under the Oregon Constitution, the guarantee of a right to jury trial restricts the Legislature's authority to set limits on the amount of damages in most civil cases. Measure 81 would amend the Oregon Constitution to give the G Legislature the discretion to enact laws setting limits on damages in all civil cases. � � ft metr oivlt, Committee Members: Appointed By: Senator Neil Bryant President of the Senate ' '� a�3 ` � estttc$irt tees" Representative Max Williams Speaker of the House ] elf ttrrrtt t?f � f Cttctans ' Representative Floyd Prozanski Secretary of State j �fi �eftsfittuttttt' ttt g 3gtt Senator Kate Brown Secretary of State ��{fie f� � tI Tsftsth ie[�ftl� �r Dominick Vetri Members of the Committee �Et �e� kin1 dle� in etrrte r~iuit' � tf �dEd t# t reetritttts try edttfrtgS t18w, (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) s � ��& tsl� �r�� aka tae r�sos�8+red it1 qtly cilrrt s f TEXT OF MEASURE 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 34 to be added to and made a part of Article IV,such section to read: SECTION 34.Notwithstanding any other provision of this Constitution, the Legislative Assembly by law may impose limitations on the damages that may be recovered in civil actions. PARAGRAPH 2.The amendment proposed by this resolu- tion shall be submitted to the people for their approval or rejection at a special election held throughout this state on the same date as the next biennial primary election. NOTE: Boldfaced type indicates new language; [brackets and italic]type indicates deletions or comments. 30 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 LEGISLATIVE ARGUMENT IN SUPPORT ARGUMENT IN FAVOR Vote "Yes" on Measure 81 to maintain balance in our trial In 1987, Oregon's elected Legislature passed a series of legal system reforms designed to protect many of the rights we all enjoy today. Background In 1999, Oregon's Supreme Court said that only the people of A recent Oregon Supreme Court ruling found statutory limits on Oregon, by amending the state's Constitution, could guarantee damages in civil lawsuits to be unconstitutional. This decision these rights. threatens Oregon's civil legal system of checks and balances by The following protections that we all enjoy are now at risk unless virtually eliminating the role of the legislative and executive we pass Measure 81: branches in defining boundaries and protections related to civil lawsuits. Protections for volunteers and"Good Samaritans" • Volunteers transporting elderly and disabled persons Since the Oregon Constitution was approved in 1857,Oregon has • Citizens and officials who report abuse of children passed many laws to protect Oregonians from unfair or frivolous • "Good Samaritans" who provide emergency medical lawsuits and unlimited liability. If the principle involved in the assistance Supreme Court ruling is applied in the future, many of these • Contributors of food and goods to charitable organizations reforms and protections could be eliminated. • Veterinarians providing emergency care to animals Protections in jeopardy Protections for Charities and Non ro}� fit Organizations The legal protections now in jeopardy include safeguards for: Food banks "Good Samaritans;'volunteers, charities and nonprofit organiza- Organizations that distribute donated clothing and other items tions serving the public good;firefighters,police officers,teachers and other public employees performing their duties;and farmers Protections for Witnesses and Court Officials and landowners voluntarily opening their land for public recreation • Court appointed special advocates and habitat improvements. Our workers' compensation system • Persons reporting information to health professional regula- could also be undermined. tory boards Other important reforms in jeopardy serve to hold down insurance Witnesses testifying before legislative committees premiums related to liability and litigation for employers. If these Protections for Health are Providers reforms are struck down, consumers and taxpayers may face • Physicians and nurses donating their services to charitable increased costs for insurance, health care and many other groups products and services. • Health care providers providing medical records relating to Measure 81 resolves this uncertainty child abuse • Physicians reporting blood alcohol levels to police after Court challenges to clarify these public policy issues would.be accidents costly to citizens, to government and to the court system. • Physicians providing volunteer services at school athletic Measure 81 resolves this uncertainty by maintaining a person's events right to a jury trial while affirming existing laws protecting The Oregon Supreme Court says we must amend the Constitution Oregonians from unfair and unlimited lawsuits that could other- to retain our rights. wise burden Oregon's courts and increase costs for Oregon consumers,taxpayers and businesses. By voting YES on 81,we can keep these protections. Measure 81 will keep these protections in place,and will preserve By voting YES on 81,we retain the Oregon system of justice. fairness and balance in our civil justice system. (This information furnished by Mary Burry, MD, Medical Society of Again,vote"Yes"on Measure 81 to maintain balance in our Metropolitan Portland.) trial system Committee Members: Appointed By: Senator Neil Bryant President of the Senate Representative Max Williams Speaker of the House Representative Kevin L.Mannix Speaker of the House (This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to ORS 251.245.) (This space purchased for$500 in accordance with ORS 251.255.) 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. 31 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN FAVOR ARGUMENT IN FAVOR END LAWSUIT ABUSE FIREFIGHTERS AND POLICE OFFICERS ASK YOU TO We've all read the new stories. Somebody sues for millions VOTE YES ON MEASURE 81 because of some minor offence.And they win. Trial lawyers have found a loophole that threatens to eliminate The American dream is no longer, "Work hard or invent a better existing laws that protect fire, police and other public safety mousetrap, and some day you too could be successful or even employees from unfair or frivolous lawsuits. We face a loss of wealthy."Today it's,"Sue somebody rich,and you too could be important legal protections—unless voters close this loophole by passing Measure 81. a millionaire:' We've allowed our legal system to be turned into a sort of lottery ON-THE-JOB PROTECTIONS ARE NOW AT RISK for plaintiffs.Sue somebody and the prize could be millions. Over the past three decades, laws have been passed that allow But the prize money in this"legal abuse lottery game"does not Oregon's working public safety employees to do our jobs without appear out of thin air.We are the ones paying it.Notice how much the threat of unlimited lawsuits.When we're on the scene helping insurance costs these days? Notice how much doctors and people,we know that we can only be held personally liable if we hospitals charge? Prices have skyrocketed. And one of the are found to be reckless or negligent.That's fair to us and that's primary factors is lawsuit abuse. fair to all Oregonians that we serve and protect. Huge damages are awarded for"pain and suffering;'and all those Unless voters pass Measure 81,all existing restraints on damage insurance companies which are forced to pay out the big "prize awards could be eliminated. And, we could be held personally money" increase their premiums. Then the doctors, hospitals, liable.This would force us to pay unlimited financial awards out of manufacturers, and stores, who pay the skyrocketing insurance our own pockets.That's not fair to us and that's not fair to the peo- premiums, raise their prices.We the American consumer are the Ple in need of our help. ones who really pay for the lawsuit abuse. YES ON 81 HELPS US PROTECT AND SERVE YOU Of course, large damage awards are sometimes justifiable.When Already,the lawyers'loophole has been used as the basis to allow innocent people are hurt because of someone else's negligence, a lawsuit against six public employees — with no limit on how it is only right that those at fault pay reasonable damages.But we much they each might have to pay. Measure 81 will close the are way past that point.America has become the most lawsuit lawyers' loophole, protecting public safety and other public happy nation in the world. employees from unfair lawsuits and unlimited damage awards. What feeds all this?Greedy trial lawyers.You can find a lawyer to AYES vote on Measure 81 will keep reasonable protections from sue almost anyone - even if you don't have a case. For 30 per- unlimited, unfair and frivolous lawsuits for Oregon's public safety cent of whatever damages they recover,ambulance chasing employees. lawyers will sue pretty much anybody for pretty much any amount. Please join us in voting YES on 81. Measure 81 gives the legislature the authority to place reasonable Oregon Volunteer Firefighters Association limits on the damages that can be awarded in civil actions. It Oregon Fire Chiefs Association doesn't take away any citizen's right to recover real damages when they have been harmed.It simply allows the system to be Sheriffs of Oregon brought back into balance. Oregon Police Chiefs for Safer Communities (This information furnished by Kelli Highley, Oregonians Against Lawsuit (This information furnished by C.Scott R. Gallant, Yes on 81 Committee, Abuse.) Inc.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 32 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Over 80 Laws Protecting Oregonians Against Oregon Retirees Urge YES on Measure 81 — Unlimited Lawsuits are Now Threatened by the Trial Lawyers Keep the Lid on Higher Insurance Costs Partial List Trial lawyers'are trying to put the squeeze on our wallets to • "Good Samaritans"and EMTs providing emergency medical line their own pockets. services Lawyers have dug up a legal loophole that would give them a • Firefighters, police,teachers and other public employees blank check to sue anyone for any amount of money.If you don't working within the scope of their jobs think that affects you, think again. Each and every one of us will pay unless we pass Measure 81. • Farmers who allow the public to use their land for recreational and educational activities You don't have to be a mathematician to figure out what it's going to cost us.Unless Measure 81 is passed,we could be fac- • Volunteers transporting elderly and disabled people ing a long and costly list including: • Nurses and doctors donating their services to charitable • higher health insurance costs groups • higher homeowners'insurance costs • Charitable and non-profit organizations distributing donated • higher auto insurance costs food and household goods We could be looking at hundreds of dollars in additional costs per • Sponsors of rodeos,fairs,parades and other non-profit events year.This is money that Oregonians of all ages could put to far better use than increasing lawyers'paychecks. • Veterinarians providing emergency care to animals' Retirees could also face higher prescription drug costs and • Landowners who voluntarily improve fish and wildlife habitats fewer home services.Unless we close the lawyers'loophole by passing Measure 81, a number of existing legal protections are • Physicians volunteering at school athletic events threatened that could put our well-being at risk. Here are a few • Disaster relief volunteers providing transportation or engi- examples: neering services • Laws limiting liability for responsible drug manufacturers could • Public officials who report abuse or neglect of children or the be eliminated, leaving us with higher costs for essential elderly medications. YES on 81...Keep These Protections in Place • Protections for volunteers who drive four million miles each year to bring seniors and the disabled to medical appointments YES on 81...Protect Consumers and Taxpayers from and volunteer hundreds of thousands of hours to help with Unlimited Lawsuits other needed services could be wiped out. Yes on Ballot Measure 81 Committee Vote YES on Measure 81. Protect your wallet and your well- (This information furnished by C.Scott R.Gallant, Yes on 81 Committee, being. Inc.) Retirees for YES on Measure 81, Peggi Timm, Retired Former State Director,Volunteer Program John Brenne Senior Citizen Activist Bernie Agrons, Retired Former Oregon State Representative Genevieve W.Jernstedt, Retired Former Chairman Board of Medical Examiners (This information furnished by C.Scott R.Gallant, Yes on 81 Committee, Inc.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 33 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Search&Rescue Volunteers Support YES on Measure 81 OREGON'S FAMILY FARMERS:YES ON 81 Search and rescue here in Oregon is run and staffed by volun- Trial lawyers have found a new loophole that threatens Oregon teers.We are trained to assist stranded or injured people from family farmers and landowners. Measure 81 is needed to close mountains and forests. this loophole so that those of us who grow crops, raise livestock Last year alone,Oregon search and rescue teams completed 651 and responsibly manage the land won't be vulnerable to unfair Y 9 and damaging lawsuits. missions,often under extreme conditions.We volunteers put our lives on the line to help anyone in need. Agriculture is recognized as essential to the economic welfare of j our state.Over the years, laws have been passed to make sure i When we go out on missions, we don't think about lawyers and that we can continue to work our land in keeping with Oregon's lawsuits. Our focus is strictly on getting that person back home land use policies.These laws protect us from"nuisance"or"tres- safe and sound. pass" claims that directly or indirectly attempt to limit standard Fortunately for search and rescue teams and other emergency farming practices. relief volunteers in Oregon,our state respects what we do.This is These common sense protections are now at risk. Unless clear from the laws put in place to protect us from unfair or frivo- Measure 81 is passed, we face lawsuits and higher insurance lous lawsuits. rates that could cripple our ability to responsibly manage our land Unfortunately, trial lawyers have come up with a legal loophole and,ultimately,force some of us out of business. that could wipe out existing laws that safeguard those of us who The lawyers' new loophole also could rob us of existing protec- give our time and best efforts to help others in need. tions that allow us to open our land for public use and habitat Unless Measure 81 is passed,we could be left out in the cold improvements.Here are a few examples. with no protection from unlimited lawsuits and unlimited . Unless 81 passes,landowners who make their land available at financial payments. no charge to the public for recreational and outdoor educational We will continue to conduct search and rescue missions—come activities — such as hiking, fishing, hunting and camping — trial lawyers or lawsuits.We face tougher opponents every time may no longer be protected from huge lawsuits. we go out to bring a lost or hurt skier,hiker or snowmobiler back . Unless 81 passes,landowners who voluntarily improve fish and home. wildlife habitats could be subject to huge lawsuits. We're trained to fight the elements and nature's other obstacles. Working the land is a tough job;farmers and ranchers accept the But, we need your help — and the help of voters throughout challenge.What we won't accept is trial lawyers trying to line their Oregon—to win out over the trial lawyers. own pockets at our expense and at the expense of all Oregonians Please keep existing legal protections for volunteers, non-profit who enjoy the outdoors. groups and all"Good Samaritans"in place. Join us in protecting Oregon's farmers and landowners.Vote YES YES on Measure 81: Protect search and rescue volunteers on Measure 81. from unlimited lawsuits. Oregon Farm Bureau Pacific Northwest Search&Rescue Oregon Wheat Growers League Mt.Hood Snowmobile Club Oregon Cattlemen's Association (This information furnished by C.Scott R.Gallant, Yes on 81 Committee, Tillamook County Creamery Association Inc.) (This information furnished by C.Scott R.Gallant, Yes on 81 Committee, Inc.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) , 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 34 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN FAVOR ARGUMENT IN FAVOR SMALL BUSINESS OWNERS SUPPORTYES`ON Rural Doctors Support YES on Measure 81 MEASURE 81 In rural communities throughout Oregon, medical care for some Trial lawyers are at it again—trying to increase their profits at people can be more than 100 miles away.When a person calls a the expense of consumers and businesses. They've created a doctor, it's serious.Doctors, nurses and emergency medical per- legal loophole that would give them a blank check to sue anyone, sonnel go wherever they're needed—in a field, on a back road anytime,for any amount of money. or in a farmhouse.They roll up their sleeves and do their best to We need to pass Measure 81 to close this loophole.Here's why help.That's how it should be. a YES vote on Measure 81 is important to small business and Lawyers'Loophole Threatens Rural Health Care Access ` their customers. Fifteen years ago,skyrocketing premiums were forcing doctors to Reasonable protections from civil lawsuits are now in place. abandon their practices in rural communities. In many places, That decreases business uncertainty. Small business owners— there were no obstetrical services for expectant mothers.The cri- like those of us who run mom and pop stores,small retail shops sis was averted when Oregon passed reforms that helped doctors and local restaurants—know that there is an upper limit to our continue to practice in rural areas.Now, trial lawyers have found liability and can price our goods and services accordingly.This is a loophole that would eliminate these reforms as well as existing particularly important because small businesses must run on tight laws that protect emergency medical personnel from being sued. profit margins to stay competitive. YES on Measure 81 Protects Doctors and Yes on 81 keeps these reasonable protections.Unless existing "Good Samaritans" laws are kept in place, consumer prices will include the price of business uncertainty stemming from the threat of excessive jury Measure 81 will close the lawyers'loophole—and shut out the awards—such as the millions of dollars awarded to a person who threat of reduced access to health care.A YES vote on Measure spilled coffee on herself and blamed the restaurant for serving hot 81 will also reaffirm that Oregonians value the contributions made coffee. by"Good Samaritans"and will not allow trial lawyers to infringe on Oregon small business owners urge you to vote YES on 81. their good work. Oregon Neighborhood Store Association YES on 81 Keeps Important Protections in Place In an emergency,people look to medical professionals for help— National Federation of Independent Business(Oregon Chapter) right there and then.No"Good Samaritan"should have to consult Oregon Restaurant Association a trial lawyer before lending a helping hand. Please keep in place the important laws that respect the vital work (This information furnished by C.Scott R. Gallant, yes on 81 Committee, done by the many Oregonians who provide needed emergency Inc.) assistance in our rural communities and throughout our state. Vote YES on Measure 81 to keep insurance costs down and health care available. Oregon Rural Health Association (This information furnished by C.Scott R.Gallant, Yes on 81 Committee, Inc.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 35 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Trial Lawyers Are Waging An Assault On Affordable, LEADING RETIRED JUDGE: Quality Health Care Measure 81 is needed to protect Oregonians from unlimited lawsuits Trial lawyers have created a legal loophole that will set back important strides our state has made in providing affordable, Oregon's civil justice system has been fair and balanced.Our quality health care for Oregonians.This loophole could eliminate 140-year old system ensures that individuals or businesses that state laws that have helped hold down health care costs and cause damage are held responsible for their wrongdoing and the improve access to quality health care in Oregon. associated costs.The boundaries and protections applied in civil Important Reforms that Reduced lawsuits stem from a fundamental tenet of democracy—the sys- Measure 81 Will Save Im P tem of checks and balances among the judiciary, legislative and y Costs for Doctors and Patients executive branches of government. In the early 1980s, Oregon was in the midst of a medical Last July, the Oregon Supreme Court ruled that, because of a insurance crisis that saw a nearly 40%increase in premiums by provision in our state constitution,many Oregon laws that set lim- I physicians and other health care providers. In response, the its on damages in civil lawsuits may be unconstitutional.This far- , state adopted reforms that prompted a nearly 50% decrease in reaching decision in one case could undermine our legal system ` insurance premium rates. by virtually eliminating the role of the legislative and executive These reforms have helped to keep health care costs from sky- branches. rocketing and allowed more doctors to continue practicing in rural AYES vote on Measure 81 preserves such limits on lawsuits areas, giving more people access to health care. Oregon's as are from time to time warranted. historical experience from the medical insurance crisis in the early 1980s clearly shows that physicians from all areas of the state Measure 81 will preserve fairness and balance in our civil justice were forced to discontinue offering important high risk medical system by reaffirming the legitimate and longstanding role of the services because they either could not afford or did not have executive and legislative branches in Oregon's civil justice access to adequate liability coverage. system. Unless Measure 81 is Passed,Health Care Consumers Vote YES on Measure 81. Will Pay the Price Herbert Schwab If the trial lawyers prevail in stripping away these sensible doctor Retired Chief Judge,Oregon Court of Appeals and patient protections,consumers will ultimately pay the price of (This information furnished by C.Scott R.Gallant, Yes on 81 Committee, increased costs and decreased services. Unless Measure 81 is passed: Inc.) • consumers will be forced to pay higher health care costs and health insurance premiums; • employees will face increased health insurance deductibles and co-payments; • employers will be discouraged from offering health benefits to their employees;and • rural and low-income consumers will experience reduced access to medical care. Please join with health care professionals throughout Oregon in keeping quality health care affordable and available by voting YES on Measure 81. Richard G.Kincade, M.D. President Oregon Medical Association (This information furnished by C.Scott R. Gallant, Yes on 81 Committee, Inc.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 36 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Measure 81 is essential to the good health of Oregon's com- Lawyers'Loophole Puts Rodeos In Jeopardy munity hospitals. Oregon Association of Hospitals and Health Systems urges you to Vote YES on Measure 81. A new loophole found by trial lawyers threatens the future of Oregon's rodeos by eliminating legal protections for rodeo spon- Fifteen years ago, insurance premiums skyrocketed,forcing doc- sors, volunteers and participants.This loophole could give trial tors to abandon their practices in rural communities. In many lawyers free reign to file unlimited lawsuits seeking unlimited areas there were no obstetrical services and pregnant women amounts of money.That would put our ability to continue holding had to travel out of town to receive prenatal care and deliver their rodeos in jeopardy. babies.When a person called a doctor,it was serious,and health care could be as much as 100 miles away.Fortunately,the 1987 Measure 81 Will Close the Loophole Before Trial Lawyers legislature adopted a package of tort reform laws that caused Can Tighten Their Noose Around Our Rodeos liability insurance premiums to decrease,allowing physicians to AYES vote on Measure 81 will keep in place more than 80 exist- continue to practice in Oregon's rural communities. ing state laws that protect non-profit groups,volunteers and many Measure 81 closes a loophole cited by a recent court decision others who contribute their time and energy to community ' overturning the 1987 tort reforms. Without Measure 81, liability programs and events. These legal protections allow non-profit insurance will again increase for everyone – homeowners' and groups and people—like our rodeos and our event volunteers— auto coverage,physicians and nurses donating their time to char- to contribute to the community without the threat of unfair or itable groups,Good Samaritans who provide emergency medical frivolous lawsuits. assistance,food banks,and many other charitable organizations. Existing Safeguards Must Be Kept In Place One court has even decided that without Measure 81, public employees – including schoolteachers, county workers, and Before our state put these needed reforms in place,rodeos faced public hospital staff – can be sued in the performance of their skyrocketing insurance costs that could have forced us to close official duties. down. Fortunately, laws were passed that gave certain legal immunities to event sponsors. Our insurance costs became Votina YES on Measure 81 closp,,5 that loophole and Qr serves affordable, and our volunteers and rodeo participants no longer Oregon's ability to set reasonable limits on lawsuits, while had to be concerned about unfair or frivolous lawsuits. Unless acknowledging an individual's right to a jury trial.With Measure Measure 81 is passed, we could again face the possibility of 81, a jury verdict could still award all actual monetary losses and having to cancel our rodeos. establish a cap for noneconomic damages. Vote YES on Measure 81 to Measure 81 safeguards the rights of individuals and allows Let Our Rodeo Tradition Continue healthcare providers to continue to practice in less popu- lated rural areas. Join us in Voting YES for Measure 81 – to Rodeos are part of the community fabric here in Oregon. Our preserve fairness and balance in our civil justice system. events bring people of all ages together to celebrate our Western traditions.The success of rodeos in bur state is due in large part Ken Rutledge, President to the efforts of volunteers and participants. Together, we can Oregon Association of Hospitals and Health Systems keep the rodeo tradition alive by voting YES on Measure 81. (This information furnished by Ken Rutledge, Oregon Association of YES on 81 will protect rodeos and all Oregon consumers Hospitals&Health Systems.) from higher insurance rates. Pendleton Round-Up Association Chief Joseph Days Rodeo St.Paul Rodeo Association (This information furnished by C.Scott R.Gallant, Yes on 81 Committee, Inc.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 37 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Oregon State Council of Senior Citizens Opposed MADD Founder Opposes Constitutional Amendment 81 To Constitutional Amendment 81 Mothers Against Drunk Driving (MADD) was founded on two Constitutional Amendment 81 takes away one of our most basic simple but powerful principles:reducing the tragic results of drunk rights–the right to complete and impartial justice by jury.CA 81 driving, and holding people accountable when they choose to attacks Oregon's justice system, the cornerstone of our consti- behave in a dangerous and irresponsible manner. tution, by limiting the power of average citizens who act as the Those two principles are important reasons to vote "NO" on conscience of our community. Constitutional Amendment 81. This measure eliminates When you live long enough to be a senior citizen, you know Oregonians'constitutional right to receive justice from a jury when o people who have been victimized by: they have been hurt, and hurts the victims of drunk drivers in • A scam artist, particular. • defective products that can injure, A"NO"VOTE SAYS"NO"TO DRUNK DRIVERS • bullying landlords or abusive care givers, As founder of MADD, I know how important a strong civil justice • drunk drivers who hurt, maim and kill. system is to support our criminal justice system. It holds irre- Unfortunately, seniors are often the targets of the unscrupulous sponsible people accountable for their actions. A "NO"vote on aI d the victims of the reckless. Constitutional Amendment 81 supports survivors and their Alice Thomas was a piano teacher in Portland.Her HMO denied families. her surgery ordered by her doctor.As a result of not getting the MADD does its best to advocate for survivors of drunk drivers.A surgery she lost the use of her right hand. She turned to the big part of that is helping survivors through the civil justice system courts to recover her lost wages and medical expenses because so they can recover from their injuries and regain their quality of of the negligence of her HMO that put profits before the health of life.Our civil justice system provides needed financial restitution its customers. for survivors of drunk driving crashes. Often drunk drivers and If the HMOs get their way, and CA 81 prevails, their political their insurance companies will settle without going to court. But when that doesn't happen,a jury is charged with ensuring justice friends can put limits on any future recovery for people like Alice is served. Thomas. HMOs would have even less incentive to place people ahead of profits. LET JURIES HOLD DRUNK DRIVERS ACCOUNTABLE Right now, the Oregon Civil Justice System is the ultimate Amending the Oregon Constitution to limit what a survivor may decision-maker – twelve Oregon citizens, our neighbors and receive from a jury is irresponsible.Juries should decide the con- friends, rich and poor, seniors and non-seniors. We can hold sequences for a drunk driver on a case-by-case basis.Politicians wrongdoers fully accountable for their conduct, and force bad are ill prepared, without having heard the facts, to set limits on people to take responsibility for their behavior. justice. Constitutional Amendment 81 would change all that.And worse, Oregonians must maintain their right to hold drunk drivers per- it would let politicians, not juries, make decisions without ever sonally accountable. hearing the facts. The HMOs want to amend the Oregon Vote"NO"on Constitutional Amendment 81. Constitution to take away the power of juries to hold wrongdoers personally responsible and fully accountable for their conduct. (This information furnished by Candace Lightner.) Vote "No" on Constitutional Amendment 81 and tell the HMOs "no way." (This information furnished by George Starr, Oregon State Council of Senior Citizens.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 1 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. a8 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Retired Supreme Court Justice Betty Roberts Ralph Nader and The Oregon Consumer League And urge voters to reject this constitutional amendment. Retired Supreme Court Justice Berkeley Lent Oppose Measure 81 Don't think that Measure 81 is just about a few terribly injured Our Constitution states, "In all civil cases the right of Trial by victims.If you are an Oregon consumer,this measure affects you: Jury shall remain inviolate:' • It will endanger your constitutional right to jury trial in civil cases,a right fundamental to our democracy. When our nation was founded, the right to jury trial was consid- • It will allow irresponsible corporations off the hook for the full ered fundamental to American liberty.The Bill of Rights guaran- damage they cause, eliminating their financial incentive to tees that Congress cannot interfere with the common law right to remove dangerous products and practices from the jury trial.The Oregon legislature cannot interfere with that right. marketplace. That's not a loophole, as the political backers of Measure 81 • It will prevent Oregonians from obtaining just compensation would have you believe...it is your basic right. for injuries caused by negligent or reckless corporations; + When Oregonians serve on juries, we decide disputes based on Measure 81 is a constitutional amendment that would break the the specific facts of each case. In my experience on the Oregon first,most basic right guaranteed by the Oregon Constitution:"in Supreme Court, Oregon juries take their job seriously. Oregon all civil cases the right of Trial by Jury shall remain inviolate:' furies act with fairness and common sense Measure 81 seeks to take power away from juries and give it to politicians;that's a The Only jury system is the best way we know to secure fair and impar- 'ustice. radical break from Oregon's heritage and tradition. 1 y judges and juries hear the facts in a case and decide the outcome based on the evidence. Measure 81 would The Oregon Supreme Court won't be able to prevent the legisla- give that power to PAC-greased politicians,making it difficult or in ture from violating the right to jury trial if Measure 81 passes' some cases, impossible for civil judges and juries to adequately This constitutional amendment would irresponsibly allow the protect Oregonians. If this passes, defiant, reckless companies legislature to interfere with the right to jury trial in an civil case, will not be held accountable for dangerous decisions that hurt the including those involving medical costs, lost wages, contracts, public, whether it's making cars with exploding gas tanks or real property,civil rights,pollution,toxic chemicals,injuries,insur- garage doors without safety features to protect children,or it's an ance, investments and pensions. HMO withholding life-saving treatment. When someone owes a debt, Oregonians expect it to be paid in Insurance companies will bluster and fulminate as usual, saying full.If a drunk driver hurts a loved one,the drunk should be held this constitutional amendment is needed to bring down rates.This fully responsible, not protected by the legislature with some pre- is untrue.Studies show that greedy insurance companies will not set arbitrary limit. If a senior is defrauded out of her retirement, reduce premiums upon enactment of such laws. Do not throw she should be entitled to get it all back, not just some pre- away your precious constitutional rights for a list of empty determined arbitrary fraction.This unfair proposed constitutional promises or worthless intimidation. amendment would undermine Oregonian's long-standing traditions of justice and individual responsibility. We urge you to vote"No"on this amendment to the Constitution. Who should we trust with justice: independent Oregonians Ralph Nader serving on juries,or politicians?There is no need to change Jason Reynolds,Oregon Consumer League Oregon's Constitution in this manner. (This information furnished by Jason Reynolds,Executive Director,Oregon Please vote"No"on Measure 81. Consumer League.) (This information furnished by Betty Roberts, Retired Supreme Court Justice.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. Laccura cy or truth of any statement made in the argument. 39 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Survivor of side-saddle gas tank explosion JUROR SPEAKS OUT AGAINST 81 speaks out against Measure 81 1 was the foreman of the jury that last year ruled in favor of a I was driving my car with my two grandchildren on Highway 97 in Tigard woman who suffered terrible brain damage after a routine Eastern Oregon when a General Motors pickup truck pulled out in surgical procedure went awry. Our verdict against Providence front of me. I couldn't avoid hitting the side of the truck, which St.Vincent Medical Center was one of the most difficult decisions exploded, filling my car with flaming gasoline.,My granddaughter any of us on the jury have ever had to make. died,my grandson was hurt and I was badly burned.I spent over THE RIGHT TO TRIAL BY JURY IS NOT THE"LAWYER LOOP- five months in the hospital. I am still recovering from burns and HOLE"DESCRIBED BY MEASURE 81 PROPONENTS.Trial by other injuries,including the loss of a leg and sight in one eye. jury is our most basic right and has been for hundreds of years. ` When I learned General Motors had knowingly designed this truck MINOR SURGERY LEAVES PATIENT HELPLESS without any protection for the side-saddle gas tanks, I wanted to We, the jury, ruled in favor of Denisa Christine Jennison, a make a legal claim to recover the damages done to me and my 44-year-old woman who entered the hospital for a relatively rou- family.At first we had the legislature blocking our path because of tine surgery and left with such severe brain damage that she will + special interest legislation that protected GM from a lawsuit.With require 24-hour care for the rest of her life. the help of many people,we overcame that obstacle.Eventually, with the help of the civil justice system, I won a settlement that HOLDING THE HOSPITAL RESPONSIBLE has helped me and my family rebuild our lives. It was not a slip of the scalpel that left Denisa so damaged.It was It was the threat of a jury of my peers that finally brought justice a slip of the system that should be in place to support the excel- to my case. lent professionals on the staff at St.Vincent.In Denisa's case,the system broke down.The blunders committed were atrocious and Now special interests are at it again.They are trying to change the result horrible. The business side of the hospital had Oregon's Constitution to limit their responsibility for their actions. expanded so quickly that the patient care system buckled under This means Oregonians risk losing a fundamental right to a trial its own weight. by jury and Oregonians losing needed compensation for their I stand by our verdict against St.Vincent. injuries.This is about people's ability to pay for medical supplies and long term care,lost wages...and rebuilding their lives.I know As a juror, I was in awe of my responsibility to hear all the evi- because after my crash J had to rebuild my own. l dence in a month long trial and make a very difficult decision.We Leave the decision to citizen jurors to decide cases based on the held the hospital accountable for its mistakes and sent a message evidence.Vote"No"on this change to our Constitution. to all large medical businesses to not forget us,the customers,the patients.IF WE LOSE OUR f3IGHTT0 TRIAL BY JURY,WE WILL Anne Kirkwood LOSE A POWERFUL TOOL TO HOLD OUT-OF-CONTROL Madras,Oregon BUSINESSES ACCOUNTABLE. (This information furnished by Anne Kirkwood.) Please join me in voting "No"on Constitutional Amendment 81. We need to cherish our most basic right. Anne Hughes citizen juror (This information furnished by Anne Hughes.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the he by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 40 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Congressman Peter DeFazio The Brain Injury Association of Oregon opposes Opposes Radical Change to Oregon's Constitution Measure 81. Every day Oregonians who have been seriously injured have to The Brain Injury Association represents Oregonians who have turn to the courts to get just compensation.Others must resort to suffered a traumatic brain injury and their families. the courts to settle serious business disputes, real property claims or a for environmental actions.We take for granted our right The backers of this Constitutional Amendment say its about con trolling costs.But it is really about asking that you give away your to seek a trial by a jury of fellow citizens who can mete out justice and independently set economic damages. constitutional right to a jury trial in exchange for vague promises CONSTITUTIONAL AMENDMENT 81 WILL DESTROY of future cost reduction. THAT TIME HONORED RIGHT! The lifetime cost of care for a survivor of a severe brain injury can range to$4 million or more.This does not include lost earnings of Instead of the judgment of twelve fellow citizens we will be subject the survivor or the value of the time and foregone earnings of to the whim of the Oregon Legislature. Special interest lobbies family members who care for a person with brain injury.We should + and heavy hitter campaign contributors will determine when, also consider the non-economic devastation which severe brain whether or how much we might receive as compensation for injury causes to the injured person and their family.Put yourself in damages done to us,our families,our property,small business or the victim's place. If your life had been catastrophically changed environment.As a legislator I can tell you the new system created by the action of an irresponsible company, how would you feel in Salem won't be designed to protect average folks or their about a "one size fits all" cap on damages imposed by the families.It will be designed to protect the bottom line profits of the Legislature? This is what this constitutional amendment would largest corporations and the most powerful interests in our state permit. against claims by our citizens no matter how just the cause. Too often, survivors of a brain injury need to recover damages There are many examples of large powerful companies that through our civil justice system in order to pay for rehabilitation refused to change harmful and dangerous products until forced to and long term care. All these people ask is that their case be do so by a jury of our peers. Dangerous products like exploding judged on the evidence brought forward at the time of the trial, gas tanks, defective garage door openers that crushed children, not pre-determined by politicians who set arbitrary limits based and heavy machinery without backup alarms didn't get fixed by special interest lobbying. legislative action. It took the civil justice system to hold those The Brain Injury Association of Oregon believes judges and juries irresponsible companies accountable,and to force them to make are much better equipped than the Legislature to render justice in safer products. g 1 a civil case. Constitutional Amendment 81 asks you to strip the power and Please vote "No" on Measure 81 and protect Oregon's Bill of independence of our juries and end their ability to stop irrespon- Rights. sible companies. Constitutional Amendment 81 says, "TRUST THE POLITICIANS RATHER THAN A JURY OF OUR PEERS:'I Note:"Prepared by Family Caregiver Alliance in cooperation with don't think I need to tell you what a mistake that would be. California's Resource Centers, a statewide system of resource (This information furnished by Peter DeFazio.) centers serving families, caregivers of brain-impaired adults" Funded by the California Department of Mental Health. Revised and reprinted April 1996.©All rights reserved.The web page link: www.caregiver.org/factsheets/head–statsC.html (This information furnished by Kristi Schaefer, RN and President of Brain Injury Support Group of Portland; F. William Olson, President, Carol Christofero-Snider,Member,Brain Injury Association of Oregon.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 41 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Portland Gray Panthers say Alliance for Lung Cancer Urges Oregonians "DON'TTAKE AWAY OUR CONSTITUTIONAL RIGHTS!" To Oppose Constitutional Amendment 81 Generations of Americans have fought and died for our The health of all Oregonians is our priority.It is absolutely critical Constitutional rights.The right to a civil trial by jury protects the that people who have been hurt have the ability to pay for their Constitutional rights of Oregonians.Now the politicians in Salem complete health care costs, or the burden falls on all taxpayers. want to take power away from juries and give it to themselves. The costs for health care can soar especially with diseases of the Don't let them. lung.Take for example exposure to asbestos, an illness that can Constitutional Amendment 81 overrules every guaranteed require: right in the Oregon Constitution.Our Constitutional rights and • Long term care givers liberties mean something only if they can be enforced. • Ramps into people's homes Constitutional Amendment 81 is an extreme measure that guts • Modified vehicles that accommodate oxygen tanks the Oregon Bill of Rights and gives politicians unlimited power to Constitutional Amendment 81 could take away the fundamental limit enforcement of our rights. riahts of an Oregonian to completely recover medical bills and lost i Don't be fooled by the slick ad campaign being run by wages.It allows politicians to place limits on all portions of the civil HMOs and the insurance industry.Your right to a trial by jury is justice system.Guess who makes up the difference? not a loophole. Under this constitutional change, the politicians Constitutional Amendment 81 also allows the legislature.to are given unlimited power to limit decisions by juries and judges limit what a jury can assess against tobacco companies. in any civil case.The very first words of the constitutional amend ment say: Notwithstanding any other provision of Oregon's Don't believe proponents of Constitutional Amendment 81 when Constitution. "Notwithstanding" means that no matter what any they say they'll set reasonable limits.These people tried to pass other provision of the Constitution says,the politicians can limit or a bill last year in the legislature to limit recovery of damages block its enforcement by the civil justice system.Rights that can- against tobacco companies.Tell them we don't want that kind of not be enforced are no rights at all. irresponsible sell-out of our justice system in Oregon. Thomas Jefferson wrote:"The wisdom of our sages and Our civil justice system is responsible for breaking the the blood of our heroes has been devoted to the attainment conspiracy of deception by tobacco companies about their of trial by jury." Independent courts and juries enforcing our product.Their cover-up of the addictive nature of nicotine and the Constitutional rights is our birthright as Americans. truth about the dangers of smoking were exposed in jury trials. Oregon's seniors know the value of individual rights and Our courts are essential to holding negligent corporations the price that we've paid to protect those rights through this responsible for their actions. past century.That's why senior organizations such as the United Seniors of Oregon,Oregon State Council of Senior Citizens,and Recent years have seen a remarkable change in public aware- the Portland Gray Panthers are unanimous in their opposition to ness and attitudes toward the important issue of smoking and Constitutional Amendment 81. health. Please vote NO on 81. Health advocacy groups have worked for decades to bring about changes in public awareness, social and legal policies, and to Please protect our Constitution. promote accountability. Please protect the rights of Oregonians for the next century. Oregon has been a leader in protecting patient rights and pro- moting public health.This constitutional amendment threatens (This information furnished by Jim Davis,Portland Gray Panthers.) those gains and leaves taxpayers holding the bill. (This information furnished by Nadine Jelsing,Alliance for Lung Cancer.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 4 2 CONTINUED'O Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Pick common sense over false promises of Constitutional Amendment 81 Limits Patient Rights savings from Insurance Industry As a physician, I oppose changes to our state Constitution that Laws that restrict the rights of injured consumers to go to court limit the rights of patients and the basic rights of all Oregonians. do not produce lower insurance costs or rates, and insurance companies that claim they do are severely misleading the public. This proposed change t our Constitution allows legislators to impose a drastic one-si ze-fits-all revision of our civil justice The insurance industry claims that enactment of Measure 81 will system. Advocates of Amendment 81 want to limit our basic cause insurance rates to stabilize and even fall.So the question rights, but haven't shown thoughtful deliberation of the facts nor is,have insurance rates dropped in states that have enacted"tort offered a shred of evidence for its necessity.They have shown a reforms?"Does enactment of"tort reform"lead to lower insurance knee jerk response to the Oregon Supreme Court. rates? As a supportive member of the Oregon Medical Association, it is The answer is unequivocally no,according to a major new report not without risk for me to dissent from its endorsement of released by our organization last summer,Premium Deceit—the Constitutional Amendment 81. But I cannot conscientiously ' Failure of"Tort Reform"to Cut Insurance Prices.It finds with- abandon social values under the threat of increased malpractice out question that laws that restrict injured consumers'rights to go insurance premiums when there are so many other factors to court have f 'ailed to cut insurance costs or rates. impacting insurance rates besides jury awards.In the current bat- The report found, "Despite years of claims by insurance compa- tle between social values and business values, it is ironic that nies that rates would go down following enactment of tort reform, physicians,who should be advocating social values,are asked to we found that tort law limits enacted since the mid-1980s have not contribute money to a political campaign backed by big business lowered insurance rates in the ensuing years.States with little or pharmaceuticals, HMO bureaucracies,and insurance companies no tort law restrictions have experienced approximately the same who haven't partnered with patients. changes in insurance rates as those states that have enacted I'm a long serving member of the Grievance and Peer Review severe restrictions on victims'rights! Committee of the Medical Society of Metropolitan Portland,a tire- In our history, there has probably never been anything like the less member of the Clackamas County Medical Society Ad Hoc current corporate assault on our civil jury system. Over the last Committee for Ethical Reform,and a member of the OMA House 15 years,the nation's largest businesses have been advancing a of Delegates.I'm uneasy watching my OMA be misled and persist legislative agenda to limit their liability for causing injuries. Now in its self-deception about Amendment 81. We risk alienating those we care most about-our patients.As patient advocates,we they are out to change Oregon's Constitution at the expense of your Bill of Rights. should question the ethics of a ballot measure limiting patients' constitutional rights. Vote NO on Ballot Measure 81. For our own trustworthiness, the medical profession has sought Joanne Doroshow, Executive Director, Citizens for Corporate treatment to keep the public trust it serves. Physicians are now Accountability & Individual Rights and co-author of Premium asked whom do they trust:juries of our peers serving the Oregon Deceit The Failure of"Tort Reform"to Cut Insurance Prices Constitution or politicians in our legislature serving big business? (This information furnished by Joanne Doroshow, Citizens for Corporate Constitutional Amendment 81 prescribes the wrong cure for a Accountability&Individual Rights.) misdiagnosed problem. Tom Saddoris,MD (This information furnished by Or Thomas Saddoris,MD.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 43 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION This proposed constitutional amendment is a threat to Justice requires that every case be heard Oregon's environment. before it is decided. This measure would take your constitutional right as a juror to The Multnomah County and Clackamas County decide what is fair and just in a particular case, and give that Democratic Central Committees urge you to protect your power to the legislature.The legislature could limit or eliminate constitutional right to a civil trial by jury. damages for any claim involving injury from exposure to toxic This amendment to our Constitution was rushed through the chemicals. Lawmakers could outlaw punitive damages, even Oregon legislature in the closing days of session with little public where the polluter has been reckless and irresponsible. Sound notice or debate.It gives the legislature authority to set any limits ridiculous? Versions of those bills have come up before in the on any damages in any civil action. Oregon Legislature–and they've passed in other states. When there has been environmental harm or injury, do we Consider opposing Measure 81: trust the politicians or a jury of Oregon citizens to decide By limiting damages, the legislature is destroying the ability of what is right? juries to administer fair, impartial justice based on the facts of each case.The politicians would decide -- without having heard The court system and juries are an important way to encourage the facts--an arbitrary level of compensation for every situation. industries to be responsible for their actions.For example, indus- Setting a fixed dollar amount a jury may award allows corpora- trial manufacturers will be more likely to find alternatives to the tions to calculate the cost of doing business when manufacturing use of toxic chemicals if they expect that a jury will hold them fully unsafe products.That's dangerous. responsible for the release of chemicals into the community's drinking water system. Sometimes the threat of damages does Consider Douglas Axen: not deter wrongful conduct by chemical and oil industries and a Take the case of Douglas Axen who was given heart medication jury may need to punish an irresponsible polluter by awarding that was known by the manufacturer to cause blindness.Because punitive damages. The jury's ability to decide the appropriate doctors were not informed about the risks associated with that amount of damages in a particular case is a large part of what drug,he was permanently blinded after using the medication.We makes the system work. need the courts to hold negligent companies responsible for their The industrial groups paying for this constitutional change include actions. the chemical fertilizer companies, oil companies and the big Don't protect pharmaceutical companies HMOs and the insur- business lobby. ance industry from their own wrong-doing. On the other hand, groups who are concerned about the long- Measure 81 would undermine the power of average citizens by term health of the people and environment of Oregon such as: allowing the legislature to limit any damages in any civil trial. • Oregon League of Conservation Voters Oregonians are threatened with losing one of our fundamental • Sierra Club constitutional rights:the right to civil trial by jury. • NW Coalition for Alternatives to Pesticides Vote"No"on Measure 81. • and the Oregon Center for Environmental Health (This information furnished by Tom Civiletti,Clackamas County Democratic OPPOSE MEASURE 81. Central Committee; lawarence Taylor, Multnomah County Democratic (This information furnished by Jane Haley, Oregon Center for Central Committee.) Environmental Health.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. as CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Working families agree this amendment to our Constitution Oregon Women Oppose Constitutional Amendment 81 is dangerous. We have all heard the stories about people who are injured,from Oregon working families have basic rights,currently protected by children burned in flammable pajamas or crushed in a garage our state constitution,that ensure some basic level of fairness in door with no safety switch,to the child who didn't get the needed the work place. Constitutional Amendment 81 takes away those care from an HMO. basic rights and severely limits an individual's voice and work- Sometimes the civil justice system is the only way we have to get place fairness.Here are just a few of the things at risk. manufacturers to take hazardous products off the market,or force • Justice for on-the-job discrimination and/or harassment. them to make unsafe products safe. • Protection for employee whistle-blowing where employers Sometimes the civil justice system is the only way to make are exposed for illegal or dangerous behavior. corporations put the safety of consumers ahead of their bottom • Ability to hold large corporations accountable for safe work environments. line. • Power as consumers to stop corporations from producing Constitutional Amendment 81 says that a one size tits all cap set faulty and unsafe products by forcing them to take responsi- by the legislature is a way to administer justice,but we know that bility when their products cause injury. is wrong.We know Constitutional Amendment 81 isn't good for Sometimes,the courts are the only way to make a bad company Oregon women. pay for the harm it causes. A jury of ordinary citizens who have heard the facts should make Families in Oregon have an absolute right to recover their medical the decision on a case-by-case basis, not the legislature in bills and lost wages when hurt due to the negligence of another. Salem.This is a basic Constitutional right that, if given up,will be This constitutional amendment erodes that right. Constitutional very difficult to get back. Amendment 81 would allow the Legislature to place any limit on Why should women oppose Constitutional Amendment 81? any damages,including medical bills and lost wages. • Constitutional Amendment 81 allows the legislature to place a It is too extreme and it is irresponsible. limit on all kinds of damages, including economic (like wages Our trust in juries is well founded.They are critical to a demo- and medical costs)and punitive. It is irresponsible to assign a cratic society and a voice for the people.Keep your trust in juries, predetermined cap on damages without knowing the facts of an not the politics of the capitol building in Salem. individual case. Vote"No"on Constitutional Amendment 81. Damaging someone's health and well-being has long been viewed by proponents of limitations as injuries that are some- (This information furnished by James Sager, Oregon Education how not real.As a result,women, who have traditionally been Association;Rich Peppers, Oregon Public Employees Union, SEW, Local associated with these injuries, often have their claims 503; Madelyn Elder, Communications Workers of America Local 7901; devalued. Debbi Covert, President, American Federation of Teachers-Oregon,AFT- Capping damages also is unfair to children and the elderly who Oregon,AFT,AFL-CIO;Bob Shiprack, Oregon Building and Construction Trades Council; Tim Nesbitt, President, Oregon AFL-CIO; Ed Edwards, may not suffer huge economic losses, but may have their OSEA;Bob Livingston–Legislative Director, Oregon State Fire Fighters quality of life dramatically diminished. Council.) Constitutional Amendment 81 is unfair,irresponsible and gives up our most basic constitutional right. Join us in voting"no"on 81. Governor Barbara Roberts Congresswoman Elizabeth Furse (This information furnished by Governor Barbara Roberts.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 45 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 Measure No. 81 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION PROSECUTORS AGAINST MEASURE 81 COMMISSIONER SORENSON URGES As elected District Attorneys it is our job to prosecute the guilty, A"NO"VOTE ON MEASURE 81 protect the innocent, and to help victims and survivors of crime. While criminal convictions bring a measure of justice for victims, Dear Oregon Voter, a strong aima justice system is necessary to hold criminals My name is Peter Sorenson and I live in Eugene. I'm an elected responsible. Lane County Commissioner and former elected Oregon State Measure 81 would change Oregon's Constitution and make it Senator.When I was in the Legislature I was a member of the harder for juries to administer a full measure of justice to criminals Senate Judiciary Committee. I have witnessed first hand the who hurt innocent citizens. attacks on our system of justice, our independent judiciary and our right to trial by jury.I've been a juror and I've had to make the If a victim is injured by a drunk or drugged driver they can be difficult case-by-case decisions that all jurors must make. criminally prosecuted.They might go to prison or jail or be ordered There are three reasons I want you to join me in VOTING NO to pay some restitution for actual losses related to the crime.But ON MEASURE 81. only through the civil justice system can victims or their survivors seek justice to recover the true amount of their loss, including * This measure attacks and diminishes our CONSTITU- medical bills, lost pay or any economic measure of their loss. TIONAL RIGHTS TO A TRIAL BY JURY. To give you a vivid example of why victims need the civil courts * This measure replaces case by case decisions by jurors .to get full justice you need only look at cases involving sexual with a"one size fits all"decision by the Legislature. abuse of children. While a judge can order a convicted child molester to pay treatment costs for a victim,the only way to mean - ingfully compensate the victim is through the civil justice process. nate our independent judiciary. Some organizations that in the past just transferred suspected For more information on this measure I want to personally invite molesters rather than turn them in, are now far more vigilant you to contact me. I would be pleased to answer your questions because of the civil actions that held them responsible. or concerns. Please call me, Pete Sorenson, at 541-485-6726, As prosecutors we stand to gain or lose nothing whether 81 email me at sorenson@efn.org, or write me at P.O. Box 10836, passes or fails.Our opposition to this attempt to amend Oregon's Eugene,Oregon 97440. Constitution is based on our commitment to victims of crime. Thanks, Anything that would restrict a victim's right to recover reasonable damages for injuries done to them by a criminal is wrong. Peter Sorenson We urge you to vote"No"on Measure 81. P.S.This is the most recent of a long list of bad legislation Josh Marquis Michael D.Schrunk favored by special interests.IT MUST BE DEFEATED. District Attorney District Attorney (This information furnished by Peter Sorenson.) Clatsop County Multnomah County Mike Dugan Edwin I.Caleb District Attorney District Attorney Deschutes County Klamath County Chris Brauer District Attorney Umatilla County (This information furnished by Joshua Marquis, Clatsop County District Attorney.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 46 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 81 ARGUMENT IN OPPOSITION THE AMERICAN CIVIL LIBERTIES UNION OF OREGON URGES YOU TO VOTE NO ON MEASURE 8111 • Measure 81 is an attack on the Oregon Bill of Rights. Measure 81 is so broadly written it would allow the Legislature to establish whatever limits it wants on damages in civil lawsuits— even if those limits would otherwise violate the Oregon Bill of Rights or some other section of the Oregon Constitution. Granting the Legislature such unbridled power jeopardizes the fundamental rights of all Oregonians. •Measure 81 upsets the balance of power between the leg- islative and judicial branches of our state government.The drafters of the Oregon Constitution took care to develop three separate but equal branches of government (legislative, judicial and executive) with appropriate checks and balances on the powers of each branch.Measure 81 interferes with this balance of power by giving the Legislature the complete power to reduce,or even eliminate, available remedies for injuries done to Oregonians:Measure 81 goes too far by giving the Legislature the authority to override all other constitutional provisions as they apply to damages in civil lawsuits. • Measure 81 was hastily pushed through the Legislature with little deliberation and almost no opportunity for public testimony, debate or citizen participation. Measure 81 was introduced in the closing days of the 1999 legislative session and was rushed through both houses. The result is a broad and poorly-crafted power grab by the Legislature away from Oregon judges and juries. This Measure will almost certainly have unintended and unexpected consequences. This is no way to amend the Constitution. VOTE NO ON MEASURE 811! (This information furnished by David Fidanque, American Civil Liberties Union of Oregon.) (This space purchased for$500 in accordance with ORS 251.255.) 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. 47 Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 Proposed by referendum petition to be voted on at the Primary fuel in diesel engines."Blending"does not mean the mixing Election, May 16,2000. that might occur in the process known as refining by the original refiner of crude petroleum.The commingling of prod- ucts during transportation in a pipeline is not considered blending.BALLOT TITLE 5 "Bulk stora g e"means the P lacin g of diesel fuel into a receptacle other than the fuel tank of a motor vehicle. (6) "Bulk transfer" means a transfer of diesel fuel by Pipeline or vessel. (7)"Bulk transfer-terminal system"means the diesel fuel if+ft�fgSS Iu�fW Tars distribution system consisting of refineries, pipelines, ves- sels and terminals. Diesel fuel in a refinery, pipeline,vessel It`f "sil .' ix"Yeses t+afe repeat 'truck Wetght tntlt or terminal is in the bulk transfer-terminal system.Diesel fuel , �sFle�s del taz;intea3es gas tax,;rgtrattart fees.• in the fuel tank of an engine or motor vehicle,or in a railcar, �� tom' tbte>Bt�tS WtttL tt3tl htgwet° trailer, truck or other equipment suitable for ground trans- �?eft lft�� `�rs� r tti fees portation,is not in the bulk transfer-terminal system. (8)"Department"means the Department of Transportation. : �CIIA�:;# iursr tE�tctr' rriere p ftfgh?N8y fa#c f3aed ort (9) "Diesel fuel" means any liquid that is commonly or t ( h ftltf dirt frteesttes rsf7e81 s wetghf mite. tic« commercially known, offered for sale or used as fuel in a CM*RWS diesel engine. e t d[ese) #ax fate Ratse uettic(e (10)"Direct delivery"means removal of accountable diesel �1ttiott fee8 ASt jrrea7ue to t 'uset ltrtrJ,ty for' fuel from a bulk storage facility to another destination by any f�i � s 4r��#ttl �Ct rttiftt3�e; ttC! re$ervatton. mode of transportation in which the fuel reaches the desti- nation without interim storage. s # fttks ;� J,f£ftthty tt rep4stts ){ . rtS88S (11)"Director"means the Director of Transportation. s tklts3Jdrt dsmet tostlfts x, on#s trm egtt (12)"Distributor"means a person who acquires account- ttttd( s,lar vtatftrts,Ittclttitag firre ,• nel#f ,crtmi= able diesel fuel from a supplier, distributor or licensee for ��s { tt witgrts subsequent sale and distribution. (13) "Dyed diesel fuel user" means a person authorized sons would., under the Internal Revenue Code to operate a motor vehicle it ese tee rely nu arai xpen utee cttt a of of$14Q on the highway using diesel fuel that has been dyed in accor- dance with Internal Revenue Service requirements,in which t is+slt�tt'ti tp nttes, tttIilitin psr year to tJ,SS,a the use is not exempt from the diesel fuel tax imposed under ter 8#at8 section 2 of this 1999 Act. ste85ur stsQ t�CSrJ,2s'ttYB # dl ttE[ort tt bonds: (14)"Evade"or"evasion"means to diminish or avoid the tt repayrr ent,trtifitcr €ag srteresl,orb ttlose fnda Is ssttrrtafed computation,assessment or payment of authorized taxes or 7 mtttlokl r lbt 1 fees through: fitdtrk tii) Itsst, Illtlf3tt in the3"$ 11tttioC sSttrTlsti of"st2t8 (a) An intentional false statement, misrepresentation of ffitore,� d syyf; fact or other act of deception;or (b) An intentional omission, failure to file a return or report,or other act of deception. (15)"Export"means to deliver accountable diesel fuel to an out of state destination. Delivery of accountable diesel TEXT 0 F MEASURE fuel out of state by or on behalf of a seller constitutes export- ing by the seller. Delivery of accountable diesel fuel out of state by or on behalf of a purchaser constitutes exporting by Relating to taxation; creating new provisions; amending ORS the purchaser. 305.850, 319.020, 319.520, 319.530, 319.690, 366.507, (16)"Exporter"means a person who exports accountable 366.508, 366.524, 366.541, 366.542, 366.790, 367.605, diesel fuel.If the exporter of record is acting as an agent,the 367.620, 367.625, 376.390, 802.010, 802.130, 802.500, person for whom the agent acts is the exporter.If there is no 802.520, 803.420; 803.645, 810.530, 818.225, 818.270, exporter of record,the person who owns the fuel at the time 825.005, 825.007, 825.020, 825.022, 825.137, 825.139, of export is the exporter. 825.232, 825.354, 825.450, 825.476, 825.480, 825.500, (17)"Import"means to deliver accountable diesel fuel into 825.504, 825.515, 825.517, 826.005, 826.007 and 826.031 this state. Delivery of accountable diesel fuel into this state and section 2, chapter , Oregon Laws 1999 (Enrolled by or on behalf of a seller constitutes importing by the House Bill 2635); repealing ORS 803.108, 825.212, 825.470, seller. Delivery of accountable diesel fuel into this state by 825.472, 825.474, 825.476, 825.480, 825.482, 825.484, or on behalf of a purchaser constitutes importing by the 825.486, 825.488, 825.490, 825.492, 825.494, 825.496, purchaser.. 825.502,825.506,825.507 and 825.550;and providing for rev- (18)"Importer"means a person who imports accountable enue raising that requires approval by a three-fifths majority. diesel fuel.If the importer of record is acting as an agent,the person for whom the agent acts is the importer.If there is no Be It Enacted by the People of the State of Oregon: importer of record,the person who owns the fuel at the time SECTION 1.As used in sections 1 to 41 of this 1999 Act: of import is the importer. (1)"Accountable diesel fuel"means diesel fuel that is sub- (19)"International fuel tax agreement licensee" means a ject to the reporting requirements of sections 1 to 41 of this diesel fuel user operating qualified motor vehicles in inter- 1999 Act. state commerce and licensed by the department under an (2) "Blended diesel fuel" means accountable diesel fuel international fuel tax agreement described in ORS 825.555. produced by blending that can be used to propel a diesel- (20)"Lessor"means a person: engine motor vehicle. (a)Whose principal business is the bona fide leasing or (3)"Blender"means a person who engages in the process renting to the general public of motor vehicles, without of blending. drivers,for compensation;and (4)"Blending"means the mixing together of products that (b) Who maintains established places of business and results in a product that is suitable or practical for use as a whose lease and rental contracts require the motor vehicles 48 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 LLMeasure No. 82 to be returned to the established places of business. (B)The removal is at the refinery rack unless the removal (21)"Licensee"means a person holding a license issued is to a licensed exporter for direct delivery to a destination under section 15 of this 1999 Act. outside this state; (22) "Motor vehicle" means a self-propelled vehicle, (c)Diesel fuel enters into this state for sale,consumption, designed for operation upon land,that utilizes diesel fuel as use or storage if either of the following applies: the means of propulsion. (A)The entry is by bulk transfer and the importer is not a (23) "Person" means an individual, firm, trust, estate, licensee;or partnership,association,joint stock company,joint venture, (B)The entry is not by bulk transfer; corporation, limited liability company, receiver, trustee, (d) Diesel fuel is removed in this state to an unlicensed guardian or any other representative appointed by a court. entity unless there was a prior taxable removal,entry or sale "Person" also means a city, county or other political of the diesel fuel; subdivision of the state.When applied to a partnership or (e)Blended diesel fuel is removed or sold in this state by association,"person" includes the partners or members of the blender of the fuel.The number of gallons of blended the partnership or association,in addition to the partnership diesel fuel subject to tax is the difference between the total or association itself.When applied to a limited liability com- number of gallons of blended diesel fuel removed or sold pany or a corporation,"person"includes the officers,agents and the number of gallons of previously taxed diesel fuel or employees of the company or corporation in addition to used to produce the blended diesel fuel;or the company or corporation itself. I (f)Dyed diesel fuel is used on a highway,as authorized by (24) "Pipeline" means a fuel distribution system that the Internal Revenue Code,unless the use is exempt from the moves fuel,in bulk,through a pipe,either from a refinery to diesel fuel tax. a terminal or from a terminal to another terminal. (3)The tax imposed by this section,if required to be col- (25) "Position holder" means a person who holds the lected by a licensee,is held in trust by the licensee until paid inventory position in diesel fuel,as reflected by the records to the Department of Transportation. A person who fails to of the terminal operator.A person holds the inventory posi- collect the tax imposed by this section,or who has collected tion in diesel fuel if the person has a contractual agreement the tax and fails to pay it to the department in the manner with the terminal operator for the use of bulk storage facili- prescribed under sections 1 to 41 of this 1999 Act, is per- ties and for services at a terminal with respect to diesel fuel. sonally liable to the state for the amount of the tax. "Position holder" includes a terminal operator who owns SECTION 3.The tax imposed under section 2 of this 1999 diesel fuel in the operator's terminal. Act,if not previously imposed and paid,must be paid to the (26)"Rack"means a mechanism for delivering diesel fuel Department of Transportation by diesel fuel users and per- from a refinery or terminal into a truck,trailer,railcar or other sons licensed under an international fuel tax agreement or means of nonbulk transfer. other fuel tax reciprocity agreements entered into with the (27) "Refiner" means a person who owns, operates or State of Oregon on the use of diesel fuel to operate motor otherwise controls a refinery. vehicles on the highways of this state, unless the use is (28)"Refinery"means a facility used to process crude oil, exempt from the tax under sections 1 to 41 of this 1999 Act. unfinished oil or other hydrocarbons into accountable diesel SECTION 4. (1) A position holder shall remit tax to the fuel. Department of Transportation on diesel fuel removed from a (29) "Removal" means a physical transfer of diesel fuel terminal as provided in section 2 of this 1999 Act.On a two- other than by evaporation,loss or destruction. party exchange or buy-sell agreement between two suppli- (30)"Sale"means,in addition to its ordinary meaning,any ers, the receiving exchange partner or buyer becomes the exchange,gift or other disposition of accountable diesel fuel. position holder who shall remit the tax. (31) "Supplier" means a person who owns and stores (2)A refiner shall remit tax to the department on diesel fuel diesel fuel in a terminal facility or who refines and stores removed from a refinery as provided in section 2 of this 1999 diesel fuel at a refinery. Act. (32)"Terminal"means a diesel fuel storage and distribu- (3)An importer shall remit tax to the department on diesel tion facility that has been assigned a terminal control num- fuel imported into this state as provided in section 2 of this ber by the Internal Revenue Service,is supplied by pipeline 1999 Act. or vessel,and from which accountable diesel fuel is removed (4) A blender shall remit tax to the department on the at a rack. removal or sale of blended diesel fuel as provided in section (33)"Terminal operator"means a person who owns,oper- 2 of this 1999 Act. ates or otherwise controls a terminal. (5)A dyed diesel fuel user shall remit tax to the department (34)"Two-party exchange"or"buy-sell agreement"means on the use of dyed diesel fuel as provided in section 2 of this a transaction in which taxable diesel fuel is transferred from 1999 Act. one licensed supplier to another licensed supplier,pursuant SECTION 5. A terminal operator is jointly and severally to an exchange agreement whereby the supplier that is the liable for remitting the tax imposed under section 2 of this position holder agrees to deliver taxable diesel fuel to the 1999 Act if,at the time of removal: other supplier or the other supplier's customer at the rack of (1)The terminal operator is not a licensee; the terminal where the delivering supplier is the position (2)The position holder is a person other than the terminal holder. operator and is not a licensee; (35)"User"means a person who uses diesel fuel. (3)The position holder has an expired Internal Revenue SECTION 2. (1)There is levied and imposed upon diesel Service notification certificate issued under 26 C.F.R.part 48; fuel a tax at the rate of 29 cents on each gallon of diesel fuel. or (2)The tax imposed by subsection (1) of this section is (4)The terminal operator had reason to believe that infor- imposed when: mation on the notification certificate was false. (a)Diesel fuel is removed from a terminal in this state if the SECTION 6. A terminal operator is jointly and severally diesel fuel is removed at the rack,unless the removal is to a liable for remitting the tax imposed under section 2 of this licensed exporter for direct delivery to a destination outside 1999 Act if,in connection with the removal of diesel fuel that this state; is not dyed in accordance with Internal Revenue Service (b) Diesel fuel is removed from a refinery in this state'if requirements,the terminal operator provides a person with a either of the following applies: bill of lading,shipping paper or similar document indicating (A)The removal is by bulk transfer and the refiner or the that the diesel fuel is dyed in accordance with Internal owner of the diesel fuel immediately before,the removal is Revenue Service requirements. not a licensee;or SECTION 7. (1) A person may not operate or maintain a 49 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 motor vehicle on a public highway of this state with dyed not engage in this state in the business of: diesel fuel in the fuel tank unless the use is authorized under (a)Diesel fuel supplier; the Internal Revenue Code and the person holds a valid dyed (b)Diesel fuel distributor; diesel fuel user license issued to the person by the (c)Diesel fuel exporter; Department of Transportation.The diesel fuel tax set forth in (d)Diesel fuel importer; section 2 of this 1999 Act is imposed on users of dyed diesel (e)Diesel fuel blender; fuel authorized under the Internal Revenue Code to operate (f)Dyed diesel fuel user;or motor vehicles on the highway using dyed diesel fuel,unless (g)International fuel tax agreement licensee. the use is exempt from the diesel fuel tax. (2) A person engaged in more than one kind of activity (2) Unless such use is expressly authorized under the described in subsection(1)of this section for which a license Internal Revenue Code or sections 1 to 41 of this 1999 Act,a is required must have a separate license for each activity,but person who uses dyed diesel fuel in operating a motor vehi- a diesel fuel supplier is not required to obtain a separate , cle on the public highways of this state is subject to a civil license for any other activity for which a license is required. penalty of$10 for each gallon of dyed diesel fuel placed into (3)Diesel fuel users operating motor vehicles that have a the fuel tank of the motor vehicle, or $1,000, whichever is combined weight of 26,000 pounds or less are not required greater.The civil penalty shall be imposed in the manner pro- to be licensed.Diesel fuel users operating motor vehicles in vided by ORS 183.090 and shall be deposited in the State interstate commerce that have two axles and a combined i Highway Fund. weight exceeding 26,000 pounds,or that have three or more (3)For the purposes of enforcement of this section,mem- axles regardless of weight,and diesel fuel users operating a bers of the Oregon State Police, motor carrier enforcement combination of vehicles that has a combined weight exceed- officers and weighmasters may inspect,collect,analyze and ing 26,000 pounds, must comply with the licensing and secure samples of diesel fuel used in the operation of a reporting requirements of sections 1 to 41 of this 1999 Act.A motor vehicle on the public highways of this state to detect copy of the license must be carried in each motor vehicle the presence of dye or other chemical compounds. entering this state. As used in this subsection,"combined (4)The Department of Transportation shall,by July 1,2000, weight"has the meaning given in ORS 825.005. develop and implement procedures for inspection, collec- SECTION 12.(1)An out-of-state diesel fuel user who is not tion, analysis and storage of diesel fuel samples collected registered under the International Fuel Tax Agreement and under subsection(3)of this section. who operates a motor vehicle in this state for commercial SECTION 8.(1)Diesel fuel that is dyed satisfies the dyeing purposes shall apply to the Department of Transportation for requirements of sections 1 to 41 of this 1999 Act if it meets a trip permit that shall be valid for a period of three consec- the dyeing requirements of the Internal Revenue Service, utive days beginning and ending on the dates specified on including but not limited to requirements of type,dosage and the face of the issued permit.The permit is valid only for the timing. motor vehicle for which it is issued and when the permit fee (2) Notice is required with respect to use of dyed diesel has been paid. fuel.The notice requirement of this subsection is satisfied if (2) Every trip permit shall identify the motor vehicle for the notice meets notice requirements of regulations which it is issued,be completed in its entirety and be signed published by the Internal Revenue Service. and dated by the operator of the motor vehicle before opera- SECTION 9.A diesel fuel supplier is entitled to a credit of tion of the motor vehicle on the public highways of this state. the tax paid to the Department of Transportation on sales of Alteration or correction of data on the permit such as dates, diesel fuel for which the supplier received less than full con- vehicle license number or vehicle identification number sideration from or on behalf of the purchaser.The amount of invalidates the permit. consideration received shall be apportioned between the (3) For each trip permit issued, the department shall charges for the fuel and the tax for the fuel.The amount of the collect a filing fee of $1, an administrative fee of $10 and tax credit shall not exceed the amount of tax imposed under an excise tax of $15.The fees and tax shall be in lieu of section 2 of this 1999 Act on such sales.If the supplier has the diesel fuel tax otherwise assessable against the permit taken a credit under this section,any amounts collected for holder for importing and using diesel fuel in a motor vehicle application against the accounts on which the credit is based on the public highways of this state and no report of mileage shall be apportioned between the charges for the fuel and the shall be required for that motor vehicle.The department may corresponding tax for the fuel and shall be reported on a not issue a permit if: subsequent return filed after such collection,and the amount (a)The applicant has outstanding fuel taxes,penalties or of credit received by the supplier based upon the collected interest owing to this state; amount shall be returned to the department.If the credit has (b)The applicant has had a diesel fuel license revoked for not been taken,the amount of the credit due to the supplier cause and the cause has not been removed;or shall be adjusted by the department to reflect the decrease in (c)The applicant is a licensee under an international fuel the amount on which the claim is based. tax agreement authorized by ORS 825.555. SECTION 10.A diesel fuel distributor,diesel fuel importer (4) Blank trip permits may be obtained from the depart- or diesel fuel blender,under rules adopted by the Department ment or agents appointed by the department. Agents of Transportation,is entitled to a refund of the tax paid on the appointed by the department may retain the filing fee col- sales of diesel fuel for which less than full consideration has lected for each trip permit to defray expenses incurred in been received from or on behalf of the purchaser and that handling and selling the permits. have been declared to be worthless accounts receivable.The (5)Fees and excise taxes collected by the department for amount of consideration received shall be apportioned trip permits shall be credited and deposited in the same man- between the charges for the fuel and the tax for the fuel.The ner as the diesel fuel taxes collected under sections 1 to 41 amount of the tax refunded must not exceed the amount of this 1999 Act and shall not be subject to exchange,refund of tax paid under sections 1 to 41 of this 1999 Act by the or credit. distributor, importer or blender. If the distributor, importer (6) Notwithstanding subsection (3) of this section, the or blender subsequently collects any amount for the department may by rule set the filing fee for trip permits that account declared worthless, the amount collected shall be are sold by agents. apportioned between the charges for the fuel and the corre- SECTION 13. (1) An applicant for a license issued under sponding tax for the fuel.The diesel fuel tax collected must section 15 of this 1999 Act shall apply to the Department of be returned to the department. Transportation on a form prepared and furnished by the SECTION 11. (1) Unless a person holds a valid license department.The form shall contain any information that the issued by the Department of Transportation,the person may department deems necessary. 50 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 (2)Every application for a diesel fuel license,other than an interest and penalties owed by the person.The requirement application for a dyed diesel fuel user license or international of furnishing a bond or letter of credit may be waived for fuel tax agreement license,must contain the following infor- diesel fuel distributors who deliver diesel fuel only into the mation to the extent it applies to the applicant: fuel tanks of marine vessels,for dyed diesel fuel users and (a)Satisfactory proof of the applicant's identity,including for persons issued a license under an international fuel tax but not limited to either: agreement. (A)Proof of registration with the Internal Revenue Service (2)The total amount of the bond or letter of credit required under the provisions of section 4101 of the Internal Revenue of any licensee shall be fixed by the department and may be Code;or increased or reduced by the department at any time subject (B) The applicant's fingerprints or those of the officers, to the limitations provided in this section.The total amount of directors,partners or other principals in the business entity the bond or letter of credit required of any licensee shall be making the application; equivalent to twice the estimated monthly license tax,deter- (b)The applicant's form and place of business, including mined in the manner the department deems proper.However, proof that the individual or business entity is licensed to do except as provided in subsection(3)of this section,the total business in this state; amount of the bond or letter of credit required of any licensee (c)The qualifications and business history of the applicant may never be less than$1,000 nor more than$100,000. + and any officer,director,partner or other principal thereof; (3)The total amount of the bond or letter of credit required (d)The applicant's financial condition or history,including of persons described in this subsection shall never be less a bank reference and whether the applicant or any officer, than$1,000 nor more than$250,000.This subsection applies director, partner or principal has ever been declared bank- to the following: rupt or has an unsatisfied judgment in a federal or state (a)A person who first applies for a license. court;and (b) A person who has not faithfully performed, as deter- (e)Whether the applicant or any officer,director,partner or mined by the department,for the last three years,the require- other principal has, within the preceding 10 years, been ments of sections 1 to 41 of this 1999 Act, as required by found guilty of a crime that directly relates to the business subsection (1)of this section. If the department determines for which the license is sought or,within the preceding five that the person has not faithfully performed the require- years, has suffered a judgment in a civil action involving ments,and that the lack of faithful performance was due to fraud,misrepresentation,conversion or dishonesty. reasonable cause and was without any intent to avoid pay- (3)An applicant for a license as a diesel fuel importer must ment,the department may waive the additional bond or letter list on the application each state, province or country from of credit requirement imposed under this subsection. which the applicant intends to import fuel and, if required (4) Any bond or letter of credit given in connection with by the state,province or country listed,must be licensed or sections 1 to 41 of this 1999 Act shall be a continuing instru- registered for diesel fuel tax purposes in that state,province ment and shall cover any and all periods of time including or country. the first and all subsequent periods for which a license may (4)An applicant for a license as a diesel fuel exporter must be granted in consequence of the giving of the bond or letter list on the application each state, province or country to of credit.The liability of the surety on the bond or letter of which the exporter intends to export diesel fuel received in credit for the aggregate of all claims that arise thereunder this state by means of a transfer outside the bulk transfer- shall not exceed the amount of the penalty of the bond or terminal system and, if required by the state, province or letter of credit.No recoveries on any bond or letter of credit country listed,must be licensed or registered for diesel fuel and no execution of any new bond or letter of credit shall tax purposes in that state,province or country. invalidate any bond or letter of credit,but the total recoveries (5)An applicant for a license as a diesel fuel supplier must on any one bond or letter of credit shall not exceed the have a certificate of registry that is issued under the Internal amount of the bond or letter of credit. Revenue Code and authorizes the applicant to enter into (5)A licensee required under this section to obtain a bond federal tax-free transactions on diesel fuel in the bulk or letter of credit may demand by proper petition a hearing transfer-terminal system. on the necessity of such bond or letter of credit or the (6)An application for a dyed diesel fuel user license must reasonableness of the amount required. A hearing shall be be made to the department.The application must be filed on granted and held within 10 days after the demand therefor. a form prepared and furnished by the department and con- The decision of the department shall become final 10 days tain any information that the department deems necessary. after service of the order on the licensee. (7) An application for an international fuel tax agreement (6) In lieu of the bond or letter of credit required by this license must be made to the department in the manner section,a person may deposit with the State Treasurer,under provided in an international fuel tax agreement entered such terms and conditions as the Department of into under ORS 825.555, or as provided by rule by the Transportation may prescribe,a like amount of lawful money department. of the United States or bonds or other obligations of the (8)After receipt of an application for a license,the Director United States,the State of Oregon or any county of this state, of Transportation may conduct an investigation to determine of an actual market value not less than the amount so fixed whether the facts set forth in the application are true.The by the department. director may also request criminal offender information from SECTION 15.(1) Upon receipt and approval of an applica- the Department of State Police in the manner required by tion and a bond or other security,if required,the Department section 79 of this 1999 Act.The results of the background of Transportation shall issue a license to the applicant. investigation, including criminal offender information, may However,the department may refuse to issue a license to any be released to authorized department personnel as the direc- person: for deems necessary.The Department of Transportation shall (a)Who formerly held a license issued under this section charge a license applicant or license holder a fee of$50 for or ORS 319.510 to 319.880 that,prior to the time of filing the each background investigation conducted. application,was revoked for cause; SECTION 14. (1) Except as otherwise provided in subsec- (b)Who has submitted an application as a subterfuge for tion(6)of this section,a diesel fuel license may not be issued the real party in interest whose license, prior to the time of to any person or continued in force unless the person has filing the application,was revoked for cause; furnished a bond or an irrevocable letter of credit,in a form (c)Who has had a diesel fuel license revoked for cause; that the Department of Transportation may require,to secure (d) Who has an unsatisfied debt to the state assessed the person's compliance with the provisions of sections 1 to under sections 1 to 41 of this 1999 Act; 41 of this 1999 Act and the payment of any and all taxes, (e) Who formerly held a license issued by the federal 51 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 government or by this or any other state that allowed the request, promptly notify the licensee who furnished the person to buy or sell untaxed motor vehicle or diesel fuel, bond, letter of credit or other security and, unless the and the license was revoked for cause; licensee files a new bond,irrevocable letter of credit or other (f)Who has pled guilty to or was convicted in this or any security on or before the expiration of the 30-day period in other state, or in any federal jurisdiction, of a felony crime accordance with this section, shall immediately cancel the directly related to the applicant's business,or who has been license. subject to a civil judgment involving fraud, misrepresenta- (4)The department may require a new or additional bond, tion,conversion or dishonesty; irrevocable letter of credit or other security if,in its opinion,, (g)Who has misrepresented or concealed a material fact in the security furnished by the licensee under section 14 of obtaining or renewing a license; this 1999 Act becomes impaired or inadequate.Upon failure (h)Who has violated a statute or administrative rule regu- of the licensee to furnish a new or additional bond,letter of lating fuel taxation or distribution; credit or other security within 10 days after being requested (I) Who has failed to cooperate with the department's to do so by the department,or if the licensee fails or refuses investigations by: to file reports and remit or pay taxes at the intervals fixed by (A)Not furnishing papers or documents; the department,the department shall cancel the license. (B) Not furnishing in writing a full and complete explana- SECTION 17. A diesel fuel licensee who has a change of tlon regarding a matter under investigation by the depart- ownership shall immediately notify the Department of ment;or Transportation of the change.Upon notification,the depart- (C) Not responding to a subpoena issued by the depart- ment shall immediately cancel the license of the licensee.No ment, whether or not the recipient of the subpoena is the license may be issued to any successor of the licensee until subject of the proceeding; the successor completes an application and furnishes an (j)Who has failed to comply with an order issued by the adequate bond, irrevocable letter of credit or other security Director of Transportation;or to the department.For purposes of this section: (k)Upon other sufficient cause being shown. (1)In the case of a corporation with more than 100 stock- (2)Before refusing to issue a license,the department shall holders,transfer of stock in normal trading is not considered grant the applicant a hearing and shall give the applicant a change in ownership. at least 20 days'written notice of the time and place of the (2) In the case of a corporation with 100 or fewer stock- hearing. holders,transfer of less than 50 percent of the stock in any (3)The department shall determine,from the information period of 12 consecutive months is not considered a change shown in the application or other investigation,the type and in ownership. class of license to be issued.For the purpose of considering SECTION 18. (1) Every licensee and every other person any application for a diesel fuel license,the department may importing, manufacturing, refining, dealing in,transporting, inspect,cause an inspection,investigate or cause an investi- blending or storing diesel fuel in this state shall keep a gation of the records of this or any other state or of the complete record of all diesel fuel purchased or received and federal government to determine the truthfulness of the all diesel fuel sold,delivered or used by the person.Records information on the application form. shall be kept for a period of not less than five years and shall (4)All licenses shall be posted in a conspicuous place or be open to inspection by the Department of Transportation or kept available for inspection at the principal place of bus!- its authorized representatives during regular business ness of the licensee. Licensees shall reproduce the license hours.Those records shall show: by photostatic or other method and keep a copy on display (a)The date of each receipt of diesel fuel; for ready inspection at each additional place of business or (b)The name and address of the person from whom the other place of storage from which diesel fuel is sold, deliv- diesel fuel was purchased or received; ered or used and in each motor vehicle used by the licensee (c)The number of gallons received at each place of busi- to transport diesel fuel purchased by the licensee for resale, ness or place of storage in the State of Oregon; delivery or use. (d)The date of each sale or delivery; (5) Each diesel fuel license shall be valid until suspended .(e) The number of gallons sold, delivered or used for or revoked for cause or until otherwise canceled. taxable purposes; (6)A diesel fuel license is not transferable. (f)The number of gallons sold,delivered or used for any SECTION 16. (1) The Department of Transportation may purpose not subject to the tax imposed under section 2 of revoke the license of any licensee for any of the grounds con- this 1999 Act; stituting cause for refusal of a license set forth in section 15 (g)The name,address and diesel fuel license number of of this 1999 Act or for other reasonable cause.Before revok- the purchaser if the diesel fuel tax is not collected on the sale ing a license, the department shall issue a notice to the or delivery;and licensee directing the licensee to show cause within 10 days (h)The inventories of diesel fuel on hand at each place of of the date of the notice as to why the license should not be business at the end of each month. revoked. At any time prior to and pending a hearing, the (2)(a) All international fuel tax agreement licensees and department may, in the exercise of reasonable discretion, dyed diesel fuel users authorized to use dyed diesel fuel on suspend the license. the public highways of this state in vehicles licensed for (2)The department may,upon written request of a licensee highway operation shall maintain detailed mileage records or upon surrender of the license by the licensee,cancel any on an individual vehicle basis. The mileage records shall diesel fuel license.The cancellation shall take effect 30 days show both on-highway and off-highway usage of diesel fuel after receipt of the written request or surrender of the on_a daily basis for each vehicle. license. (b)In the absence of operating records that show both on- (3) Any surety on a bond, irrevocable letter of credit or highway and off-highway usage of diesel fuel on a daily basis other security furnished by the licensee as provided in sec- for each vehicle,fuel consumption shall be calculated at the tion 14 of this 1999 Act shall be released and discharged rate of one gallon for every: from any and all liability to the state that accrues on the (A) Four miles traveled by a vehicle with a combined bond,letter of credit or other security after 30 days from the weight of over 40,000 pounds; date the surety lodges with the department a written request (B) Seven miles traveled by a vehicle with a combined to be released and discharged. This provision does not weight of 12,001 to 40,000 pounds; relieve, release or discharge the surety from any liability (C)Ten miles traveled by a vehicle with a combined weight already accrued or that accrues before the expiration of the of 6,001 to 12,000 pounds;and 30-day period. The department shall, upon receiving the (D) Sixteen miles traveled by a vehicle with a combined 52 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 LLMeasure No. 82 weight of 6,000 pounds or less. state for the purpose of checking shipments or use of diesel (c)As used in paragraph(b)of this subsection,"combined fuel,or detecting diversions of diesel fuel or evasion of the weight"has the meaning given in ORS 825.005. tax on diesel fuel. (3) The department may require a person other than a SECTION 20. (1) For the purpose of determining the licensee engaged in the business of selling, purchasing, amount of liability for the tax imposed under section 2 of this distributing,storing,transporting or delivering diesel fuel to 1999 Act and to periodically update license information,each submit periodic reports to the department regarding the dis- licensee other than a diesel fuel distributor,international fuel position of the fuel.The reports must be on forms prescribed tax agreement licensee or dyed diesel fuel user shall file by the department and must contain any information the monthly tax reports with the Department of Transportation on department requires. forms prescribed by the department. (4) Every person operating any conveyance for the (2) Dyed diesel fuel users whose estimated annual tax purpose of hauling,transporting or delivering diesel fuel in liability is$250 or less shall file reports annually.Dyed diesel bulk shall possess, during the entire time the person is fuel users whose estimated annual tax liability is more than hauling diesel fuel,an invoice,bill of sale or other statement $250 shall file reports quarterly. Diesel fuel users licensed showing the name,address and license number of the seller under an international fuel tax agreement shall file reports or consigner, the destination, name and address of the quarterly. purchaser or consignee,the license number of the purchaser (3)At the time the diesel fuel license is issued,the depart- or consignee,if applicable,and the number of gallons trans- ment shall establish the reporting frequency for each ported.The person hauling diesel fuel shall produce,at the licensee for which reporting frequency is not determined request of any law enforcement officer or authorized repre- under subsection (1) or (2) of this section. If it becomes sentative of the department,the invoice,bill of sale or other apparent that a licensee is not reporting in accordance with statement and shall permit the officer or representative to the established schedule, the department shall change the inspect and gauge the contents of the vehicle. licensee's reporting frequency by giving 30 days'notice to (5) Every person subject to the record keeping require- the licensee by mail to the licensee's address of record. A ments of this section shall retain and make available to the report shall be filed with the department even though no department all source documents in the form of invoices, diesel fuel was used, or no tax is due, for the reporting bills of sale and other documents that clearly support the period. records as presented to the department pursuant to this (4) Each tax report shall contain a declaration by the section. licensee to the effect that the statements contained therein (6)Every licensee shall keep a true and accurate record on are true and are made under penalty of perjury.The report such forms as the department may prescribe of all stocks of shall contain information that the department finds neces- diesel fuel on hand. Every licensee shall take a physical sary for the proper administration and enforcement of the inventory of all diesel fuel at least once during each calendar provisions of sections 1 to 41 of this 1999 Act. month and have the record of such inventory available at all (5) A licensee shall file a tax report on or before the last times for inspection by the department.Upon demand by the day of the next succeeding calendar month following the department, every licensee shall furnish a statement under period to which the report relates. oath as to the contents of any records required under this (6) Subject to the written approval of the department,tax subsection. reports may cover a period ending on a day other than the SECTION 19. (1)The Department of Transportation,or its last day of the calendar month. Licensees granted approval duly authorized agents,may examine the accounts,records, to file reports in this manner shall file the reports on or stocks, facilities and equipment of diesel fuel licensees, before the 25th day following the end of the reporting period. dealers,brokers,service stations and other persons engaged No change to this reporting period shall be made without the in transporting,storing,selling or distributing diesel fuel or written authorization of the department. other petroleum products within this state, and make any (7) If the final filing date falls on a Saturday, Sunday or other investigations that it considers necessary in carrying legal holiday, the next business day thereafter shall be the out the provisions of sections 1 to 41 of this 1999 Act.If the final filing date. Tax reports shall be considered filed or examinations or investigations disclose that any reports of received on the date shown by the post office cancellation licensees or other persons theretofore filed with the depart- mark stamped upon the envelope containing the report prop- ment pursuant to the requirements of sections 1 to 41 of this erly addressed to the department, or on the date it was 1999 Act have shown incorrectly the amount in gallons of mailed,if proof satisfactory to the department is available to diesel fuel distributed or the tax,penalty or interest accruing establish the mailing date. Envelopes received within five thereon, the department may make any changes in subse- business days of the final filing date shall be accepted as quent reports and payments of such persons,or may make timely filed if the post office cancellation mark is not present any refunds, that are necessary to correct the errors or is not legible.Envelopes received after the fifth business disclosed by its examinations or investigations. day after the final,filing date shall be deemed to have not (2)The Department of Transportation may not divulge the been timely filed if the post office cancellation mark is not business affairs, operations or information obtained by an present or is not legible. investigation of records and equipment of any licensee or (8)The department, if it deems it necessary in order to other person visited or examined in the discharge of official ensure payment of the tax imposed under section 2 of this duty under sections 1 to 41 of this 1999 Act,or the amount or 1999 Act or to facilitate the administration of sections 1 to 41 sources of income, profits, losses, expenditures or any of this 1999 Act, may require the filing of reports and tax particular thereof,set forth or disclosed in any report,or per- remittances at intervals of less than one month if, in its mit any report or copy thereof or any book containing any opinion, an existing bond, irrevocable letter of credit or abstract or particulars thereof to be seen or examined by any other security has become impaired or inadequate. person except as provided by law.However,the department (9)The signed report filed with the department as required may authorize examination of such reports by and the giving by this section is a public record. All other documents, of information therein contained to other state officers, or including supporting schedules and information received tax officers of another state or the federal government if a from other taxing jurisdictions and entities, shall be kept reciprocal arrangement exists. confidential and exempt from public disclosure except that (3) In enforcing the provisions of sections 1 to 41 of this the information may be shared with tax collecting entities in 1999 Act,the department or its duly authorized agents may other jurisdictions if the receiving jurisdiction agrees to keep at any time during normal business hours examine the books the information confidential. and accounts of any diesel fuel licensee operating within this (10) Notwithstanding subsection (9) of this section, the 53 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 department shall disclose to the Legislative Revenue Officer (2)If a report required by section 20 of this 1999 Act is not or an authorized representative of the Legislative Revenue received on or before the due date of the report,the depart- Officer the information described in this section if the ment shall assess a penalty of 10 percent of the tax unpaid request for the information is made in writing,specifies the by the due date,or,if the department determines that no tax purposes for which the request is made or information is is due,the department shall assess a penalty of$50. required and is signed by the Legislative Revenue Officer or (3)If the department determines that the delinquency was an authorized representative.Information that is confidential due to reasonable cause and without any intent to avoid under subsection(9)of this section shall be kept confidential payment,the penalties provided in subsections(1)and(2)of by the Legislative Revenue Officer or the representative of this section may be waived. the Legislative Revenue Officer. (4)(a) If any licensee sells,distributes or uses any diesel SECTION 21. (1)The tax imposed under section 2 of this fuel without first furnishing the bond, irrevocable letter of 1999 Act shall be computed by multiplying the tax rate per credit or other security required by section 14 of this 1999 e gallon provided in section 2 of this 1999 Act by the number Act or obtaining the license required by section 11 of this of gallons of diesel fuel subject to the diesel fuel tax.The tax 1999 Act,the tax imposed under section 2 of this 1999 Act shall be paid to the state by diesel fuel suppliers,who shall shall immediately be due and payable on account of all diesel collect the tax from diesel fuel distributors. . fuel so sold,distributed or used. (2) Each supplier may retain an amount equal to two (b) Except as otherwise provided in this paragraph, the , percent of the amount of tax collected by the supplier as a department shall proceed forthwith to determine, from the fee for making the collection.The fee shall be distributed as best available sources, the amount of tax due under para- follows: graph(a)of this subsection,and the department shall imme- (a)One-half shall be retained by the supplier. diately assess the tax and interest in the amount found due, (b)One-half shall be passed to the distributor.If the diesel together with a penalty of 100 percent of the tax, and shall fuel is resold by the distributor to another distributor, the make its certificate of such assessment and penalty. The selling distributor shall pass on one-half of its one-half to the department may waive all or part of a penalty imposed under buying distributor. this paragraph if the department determines that a violation (3) At the election of the distributor, the payment of the of the requirement to furnish the security or to obtain the diesel fuel tax owed on diesel fuel purchased from a supplier license was due to reasonable cause.In any suit or proceed- shall be remitted to the supplier on terms agreed to by the ing to collect such tax, interest or penalty,the certificate is distributor and the supplier no later than the 22nd day of the prima facie evidence that the licensee therein named is month next succeeding the month the liability for the tax is indebted to the State of Oregon in the amount of the tax, incurred by the supplier.This election shall be subject to a interest and penalty therein stated. condition that the distributor's remittances of all amounts of (5)(a)If the tax imposed under section 2 of this 1999 Act is diesel fuel tax due to the supplier shall be paid by electronic not paid as required by sections 1 to 41 of this 1999 Act, funds transfer.The distributor's election may be terminated interest shall be charged at the rate of.0329 percent per day by the supplier if the distributor does not make timely pay- until the tax and interest have been paid In full. ments to the supplier as required by this section.This sub- (b) If the tax imposed under section 2 of this 1999 Act is section does not apply if the distributor is required by the overpaid,the department may credit interest to the account supplier to pay cash or a cash equivalent for diesel fuel of the taxpayer in the amount of.0329 percent per day up to purchases. a maximum amount that equals any interest assessed (4)The tax owed to the state is due on the date a report is against the taxpayer under paragraph (a)of this subsection required to be filed under section 20 of this 1999 Act. in any given audit period. SECTION 22.(1)A diesel fuel supplier shall notify,no later SECTION 24.(1)Any person who violates any of the pro- than the 20th day or the next business day following the 20th visions of sections 1 to 41 of this 1999 Act,any person who day after the diesel fuel tax is due from the diesel fuel dis- makes any false statement in any statement required by tributor under section 21 of this 1999 Act,the Department of sections 1 to 41 of this 1999 Act for the refund of any mon- Transportation of the failure of a diesel fuel distributor to pay eys or taxes as provided in sections 1 to 41 of this 1999 Act, the full amount of the tax owed. or any person who collects or causes any tax to be repaid to (2) Upon notification and submission of satisfactory evi- the person or to any other person without being entitled to dence by a supplier that a distributor has failed to comply that tax under the provisions of sections 1 to 41 of this 1999 with section 21 of this 1999 Act, the department may sus- Act,shall,upon conviction,be punished by a fine of not more pend the license of the distributor.The unpaid tax liability than $1,000, or by imprisonment in the county jail for not due from the distributor shall be immediately due and more than six months,or both. payable to the Department of Transportation. (2) Knowingly and willfully failing to report and pay a tax (3) Upon the suspension of the license, the department liability to the Department of Transportation as required by shall immediately notify all suppliers that the authority of sections 20 and 21 of this 1999 Act is theft of public money the distributor to purchase tax-deferred diesel fuel has been and, upon conviction, is punishable as provided in ORS suspended and that tax must be paid by the distributor 164.043 to 164.057. on all subsequent purchases of diesel fuel at the time of (3)(a) A person may not, through false statement, trick, removal. device or otherwise,obtain diesel fuel for export upon which (4)If,after notification by the department,a supplier con- the Oregon tax has not been paid and fail to export the diesel tinues to sell tax-deferred diesel fuel to a distributor whose fuel or any portion thereof;or cause the diesel fuel or any license is suspended, the supplier's license is subject to portion thereof not to be exported,nor divert the diesel fuel revocation or suspension under this section or section 16 of or any portion thereof,or cause the diesel fuel to be diverted this 1999 Act.If notified of a license suspension,a supplier is from interstate or foreign transit begun in this state, nor liable for any unpaid diesel fuel tax owed on diesel fuel sold unlawfully return the diesel fuel or any portion thereof to be to a distributor whose license has been suspended. used or sold in this state and fail to notify the department SECTION 23. (1) Except as provided in subsection (3) of and the licensee from whom the diesel fuel was originally this section,if any supplier or other diesel fuel licensee with purchased of the person's act. A licensee or other person tax due under sections 1 to 41 of this 1999 Act is delinquent may not conspire with any person to withhold from export, in remitting the tax imposed under section 2 of this 1999 Act divert from interstate or foreign transit begun in this state,or on the date specified in section 20 or 21 of this 1999 Act,the return diesel fuel to this state for sale or use for the purpose Department of Transportation shall assess a penalty of 10 of avoiding any of the taxes imposed under section 2 of this percent of the tax unpaid by the due date. 1999 Act. 54 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 LLMeasure No. 82 (b)Violation of paragraph(a)of this subsection is punish- sections 1 to 41 of this 1999 Act,the name of the licensee and able,upon conviction,by a fine of not more than$5,000,or by the further statement that,unless such amount is paid before imprisonment in the county jail for not more than six months, the time fixed in the notice,the property will be sold in accor- or both. dance with the law and the notice. (4)Justice courts have concurrent jurisdiction with circuit (5)The department shall then proceed to sell the property courts over all violations under the provisions of sections 1 in accordance with the law and the notice and shall deliver to to 41 of this 1999 Act. the purchaser a bill of sale that vests title in the purchaser.If SECTION 25.The remedies of the state provided in sec- upon the sale the moneys received exceed the amount due tions 1 to 41 of this 1999 Act are cumulative.No action taken to the state under sections 1 to 41 of this 1999 Act from the pursuant to sections 1 to 41 of this 1999 Act shall relieve any delinquent licensee, the excess shall be returned to the person from the criminal penalty provisions of section 24 of licensee and a receipt obtained therefor.If any person having this 1999 Act. an interest in or lien upon the property has filed with the SECTION 26. The tax and any penalty imposed upon a department notice of such interest or lien prior to the sale, licensee under sections 1 to 41 of this 1999 Act shall consti- the department shall withhold payment of any such excess to tute a lien in favor of the State of Oregon upon all franchises, the licensee pending a determination of the rights of the property and rights to property, whether real or personal, respective parties to the property by a court of competent then belonging to or thereafter acquired by the licensee, jurisdiction. If for any reason the receipt of the licensee is whether such property is employed by the licensee for per- not available,the department shall deposit the excess with sonal or business use or is in the hands of a trustee,receiver the State Treasurer as trustee for the licensee, the heirs, or assignee for the benefit of creditors,from the date the tax successors or assigns of the licensee. was due and payable until the amount of the lien Is paid SECTION 29. (1)Whenever any licensee is delinquent in or the property is sold in payment of the lien.The lien is the payment of any obligation under sections 1 to 41 of this paramount to all private liens or encumbrances of whatever 1999 Act, the Department of Transportation may transmit character upon the property except that such lien shall not notice of the delinquency to the Attorney General,who shall be valid against any bona fide mortgagee,pledgee,judgment at once proceed to collect the tax and penalty due by appro- creditor or purchaser whose rights have attached prior to the priate legal action. time the Department of Transportation has filed and recorded (2) In any suit brought to enforce the rights of the state notice of the lien. under sections 1 to 41 of this 1999 Act, a certificate by the SECTION 27.If a licensee is delinquent in the payment of department showing the delinquency is prima facie evidence any obligation imposed under sections 1 to 41 of this 1999 of the amount of the obligation, of the delinquency thereof Act,the Department of Transportation may give notice of the and of compliance by the department with all provisions of amount of such delinquency by registered or certified mail to sections 1 to 41 of this 1999 Act relating to the obligation. all persons having in their possession or under their control SECTION 30.(1)If the Department of Transportation is not any credits or other personal property belonging to the satisfied that a report filed is correct or the amount of tax or licensee,or owing any debts to such licensee,at the time of penalty paid to the state by a licensee is correct,the depart- the receipt by those persons of the notice.Thereafter, any ment may assess the tax and penalty due based upon any person so notified shall neither transfer nor make other dis- information available to the department. position of such credits,personal property or debts until the (2)If a licensee fails to account satisfactorily for any diesel department has consented to a transfer or other disposition fuel sold or disposed of,it shall be presumed that the diesel or until 30 days have elapsed from and after the receipt of the fuel not accounted for was diverted to a use subject to the notice.All persons so notified shall,within five days after the tax imposed under section 2 of this 1999 Act without taxes receipt of the notice,advise the department of all such cred- being paid in accordance with the requirements of sections its, personal property or debts in their possession, under 1 to 41 of this 1999 Act. their control or owing by them,as the case may be. (3)The department shall give to the licensee written notice SECTION 26.(1)If a licensee is delinquent in the payment of the assessment.The notice may be served personally or of any obligation imposed under sections 1 to 41 of this 1999 by mail.If made by mail,service shall be made by depositing Act,the Department of Transportation may proceed to collect the notice in the United States mail, ,postage prepaid, the amount due from the licensee in the manner prescribed addressed to the licensee at the address as it appears in the in this section. records of the department. (2)The department shall seize any property subject to the SECTION 31. (1) If a licensee fails to make a report lien provided for in section 26 of this 1999 Act and sell the required by section 20 of this 1999 Act,the Department of property at public auction to pay such obligation and any and Transportation shall make an estimate,based upon any infor- all costs that may have been incurred on account of the mation available to the department,for the month or months seizure and sale. with respect to which the licensee failed to make a report, (3) Notice of the intended sale and the time and place of and assess the tax and penalty due from the licensee under the sale shall be given to the delinquent licensee and to all sections 1 to 41 of this 1999 Act. persons appearing of record to have an interest in the prop- (2)The department shall give to the licensee written notice erty.The notice shall be given in writing at least 10 days of the assessment in the manner prescribed by section 30(3) before the date set for the sale by enclosing it in an envelope of this 1999 Act. addressed to the licensee at the address as it appears in the SECTION 32. (1) Any licensee against whom an assess- records of the department and, in the case of any person ment is made under section 30 or 31 of this 1999 Act may appearing of record to have an interest in the property, petition the Department of Transportation for a reassessment addressed to the person at the last-known residence or place within 30 days after service of notice of the assessment.If a of business,and depositing the envelope in the United States petition is not filed within the 30-day period,the amount of mail, postage prepaid. In addition, the notice shall be pub- the assessment becomes conclusive. lished at least three times,the first of which shall be not less (2)If a petition for reassessment is filed within the 30-day than 10 days before the date set for the sale,in a newspaper period,the department shall reconsider the assessment and, of general circulation published in the county in which the if requested in the petition, shall grant the licensee an oral property seized is to be sold.If there is no newspaper of gen- hearing and give the licensee 10 days'written notice of the eral circulation in the county,the notice shall be posted in time and place of the hearing.The department may continue three public places in the county for a period of 10 days. the hearing from time to time.The department shall serve on (4)The notice shall contain a description of the property to the petitioner notice of its finding upon reassessment.If the be sold,together with a statement of the amount due under finding is that a tax or penalty is delinquent, the petitioner 55 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 shall pay to the department, within 30 days after notice is tion and maintenance of public highways by any county of served,all of the tax or penalty found to be delinquent. this state or by any road assessment district formed under (3) Notice required by this section shall be served in the ORS 371.405 to 371.535. manner prescribed by section 30(3)of this 1999 Act. (2)The department shall allow refunds as provided in this SECTION 33. Any person aggrieved by a finding,order or subsection to a licensee or user presenting a claim who does determination by the Department of Transportation under not apply for a refund under subsection (1) of this section. section 16 or 32 of this 1999 Act may appeal therefrom to the Refunds shall be given under this subsection as follows: circuit court of the county in which the person resides.The (a) For diesel fuel used in operating a power take-off unit appeal shall be taken within 60 days from the date of the on a concrete mixer,self-loading log truck,garbage truck or entry or making of such order,finding or determination and recycling truck,where there is no separate fuel supply tank in the manner provided by law for appeals in actions at law. for the power take-off unit, a claimant shall be allowed a SECTION 34. Except in the case of an alleged fraudulent refund of 45 percent of the tax paid.The department may i report, or neglect or refusal to make a report, no notice of establish by rule additional formulas for determining diesel assessment shall be served on a licensee after three years fuel usage when operating other types of equipment by have expired since the alleged erroneous report was filed or means of power take-off units when direct measurement of a report should have been filed. the diesel fuel used is not feasible. SECTION 35.(1)If the Department of Transportation deter- (b) For diesel fuel used in a motor vehicle designed to mines that any amount of tax or penalty has been paid more carry logs,poles,pilings,sand or gravel,a claimant shall be than once or has been erroneously or illegally collected,the allowed a refund of up to 25 percent of the tax paid on all department shall credit such amount against any amounts diesel fuel used by the claimant in this state, provided that then due from the licensee under sections 1 to 41 of this 1999 the claimant shows evidence of the total number of gallons Act and shall refund any balance to the licensee or to the of diesel fuel used in this state on the highways and of the successor,administrator or executor of the licensee. total number of gallons used in this state off the highways. (2)A licensee may claim a credit or refund for any amount However,log trucks may claim a refund of up to 15 percent of of tax or penalty that the licensee has paid more than once, the tax paid without providing evidence of the total number or that has been paid or collected erroneously or illegally.No of gallons of diesel fuel used in this state on the highways claim for a credit or refund shall be allowed unless the claim and of the total number of gallons used in this state off the is filed with the department within three years from the date highways. of the payment or collection or, with respect to an assess- (c)For diesel fuel used in operating a motor vehicle exclu- ment made under section 30 or 31 of this 1999 Act,within six sively owned and operated by an investor-owned utility, a months after the assessment becomes conclusive, which- claimant shall be allowed a refund of 70 percent of the tax ever period expires later.Every claim must be in writing and paid: must state the specific grounds upon which it is founded. (d) For diesel fuel where there is a separate fuel supply Failure to file a claim within the time prescribed in this dedicated to the operation of ancillary equipment and not section shall constitute a waiver of any and all demands used to propel the motor vehicle,a claimant shall be allowed against the state for overpayments under sections 1 to 41 of a refund of 100 percent of the tax paid. this 1999 Act.Within 30 days of allowing or disallowing any (3)An application for a refund under subsection(1)or(2) such claim in whole or in part, the department shall serve of this section shall be filed with the department within 15 notice of the action on the claimant.The service shall be months after the payment of diesel fuel tax for which a refund made in the manner prescribed by section 30(3)of this 1999 is claimed. Act. (4)The application for a refund provided by subsection(1) SECTION 36. (1) If a user obtains diesel fuel for use in a or(2)of this section shall include a signed statement by the motor vehicle in this state and pays the diesel fuel tax on the applicant indicating the amount of diesel fuel for which a fuel obtained and does not present a claim for a refund under refund is claimed, and the manner in which the diesel fuel subsection(2)of this section,the user may apply for a refund was used that qualifies the applicant for a refund.If the diesel of that part of the tax paid that is applicable to use of the fuel upon which the refund is claimed was obtained from a diesel fuel to propel a motor vehicle: seller to whom the diesel fuel tax was paid,the application (a) In another state, if the user pays to the other state an shall be supported by the invoices that cover the purchase of additional tax on the same diesel fuel; the diesel fuel.if the applicant paid the diesel fuel tax directly (b) Upon any road, thoroughfare or property in private to the department,the applicant shall indicate the source of ownership; the diesel fuel and the date it was obtained. (c)Upon any road,thoroughfare or property,other than a (5)The department may require any person who applies for state highway,county road or city street,for the removal of a refund provided by subsection (1)or(2)of this section to forest products,as defined in ORS 321.005,or the products furnish a statement,under oath,giving the person's occupa- of such forest products converted to a form other than logs tion,a description of the machines or equipment in which the at or near the harvesting site,or for the construction or main- diesel fuel was used, the place where the diesel fuel was tenance of the road,thoroughfare or property,pursuant to a used and any other information the department may require. written agreement or permit authorizing the use, construc- SECTION 37.The Department of Transportation may inves- tion or maintenance of the road,thoroughfare or property, tigate refund applications submitted under section 36 of this with or by: 1999 Act and gather and compile any information in regard to (A)An agency of the United States; the applications that it considers necessary to safeguard the (B)The State Board of Forestry; state and prevent fraudulent practices in connection with tax (C)The State Forester;or refunds and tax evasions.The department may, in order to (D) A licensee of an agency named in subparagraph (A), establish the validity of an application, examine the books (B)or(C)of this paragraph; and records of the applicant for such purposes.Failure of the (d)By an agency of the United States or of this state or of applicant to accede to the demand for examination consti- any county,city or port of this state on any road,thorough- tutes a waiver of all rights to a refund for the transaction fare or property,other than a state highway,county road or questioned. city street; SECTION 38. Notwithstanding any other provision of law, (e)By an agency of the United States or by any city,trans- the Department of Transportation may enter into agreements portation district, mass transportation district or metropoli- with the governing body of any Indian tribe residing on a tan service district of this state;or reservation in Oregon to provide refunds to the tribe of state (f)When used exclusively in the improvement, construc- diesel fuel taxes for diesel fuel purchased on the reservation 56 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure .No. 82 Measure No. 82 and used by tribal members on tribal reservation lands,other than for diesel fuel used on state highways,county roads or Weight Groups Number of Axles city streets supported by the State Highway Fund. (Pounds) 5 6 7 SECTION 39. The ultimate liability for the tax imposed 80,001 to 82,000 $ 165.00 under section 2 of this 1999 Act is upon the user,regardless 82,001 to 84,000 173.25 of the manner in which collection of the tax is provided for in 84,001 to 86,000 181.91 sections 1 to 41 of this 1999 Act. 86,001 to 88,000 191.01 SECTION 40. (1) The Department of Transportation may 88,001 to 90,000 200.56 adopt any rules it considers necessary to implement and 90,001 to 92,000 210.59 $ 165.00 enforce the provisions of sections 1 to 41 of this 1999 Act. 92,001 to 94,000 221.12 173.25 (2)The department may enter into a fuel tax cooperative 94,001 to 96,000 232.17 181.91 agreement with another state or a Canadian province for the 96,001 to 98,000 243.78 191.01 administration,collection and enforcement of each state's or 98,001 to 100,000 200.56 $ 165.00 province's diesel fuel taxes. 100,001 to 102,000 173.25 SECTION 41.(1)Except as otherwise specifically provided 102,001 to 104,000 181.91 in this section,violation by a person of any requirement of 104,001 to 105,500 191.01 sections 1 to 41 of this 1999 Act is a misdemeanor. (2) A licensee who appropriates or converts the tax col- lected by the licensee under section 2 of this 1999 Act to the SECTION 44a. If House Bill 2635 becomes law, section 2, licensee's own use or to any use other than the payment of chapter Oregon Laws 1999(Enrolled House Bill 2635),is the tax,to the extent that the moneys required to be collected amended to read: are not available for payment on the due date as prescribed Sec. 2. (1)The Department of Transportation, in consultation in sections 20 and 21 of this 1999 Act, is guilty of theft of with other road authorities,shall develop and implement a system public money and, upon conviction, may be punished as of issuing continuous operation variance permits. The system provided in ORS 164.043 to 164.057. shall allow a person to obtain one permit that is valid for every (3) Justice courts have concurrent jurisdiction with the road authority in whose jurisdiction the person will travel. circuit court of all violations of the provisions of sections (2)The department,in consultation with other road authorities, 1 to 41 of this 1999 Act. shall develop standards for terms and conditions of continuous NOTE: Section 42 was deleted by amendment. Subsequent operation variance permits. The standards shall be applicable sections were not renumbered. throughout the state and shall honor size and weight restrictions SECTION 43.ORS 803.645 is amended to read: established by any road authority for highways and structures 803.645. Fees for trip permits issued under ORS 803.600 are under its jurisdiction. as follows: (3) If requested to do so by another road authority,the depart- (1)For a heavy motor vehicle trip permit,[$21]$42 for a three- ment shall contract with that road authority to allow the authority day permit and$15 for a one-day permit. to distribute permits described in this section. The department (2)For a heavy trailer trip permit, [$10]$20. may contract with private contractors to distribute permits (3) For a light vehicle trip permit: described in this section. (a) For 10 days,$5. (4)Notwithstanding any other provision of law,a road authority (b) For 30 days,$10. other than the department may not issue a continuous operation (c) For 60 days,$20. variance permit for its roads unless the road authority participates (d) For 90 days,$30. in the system developed under subsection(1)of this section. (e)For 120 days,$40. (5) For purposes of provisions of Oregon Revised Statutes (4)For a recreational vehicle trip permit,$30. referring to permits issued under ORS 818.200, a permit issued (5)For a registration weight trip permit,[$5]$10. under this section shall be considered a permit issued under ORS (6) For a registered vehicle trip permit, [$5]$10. 818.200, unless to so consider the permit contradicts a specific (7) For a manufactured structure trip permit,$5. provision of this section. SECTION 44.ORS 818.270 is amended to read: (6)The fee for a permit issued under this section that is valid 818.270.(1)Except as otherwise provided in subsection(5) for travel in more than one road authority jurisdiction shall be an of this section,the fee for issuance of a variance permit under amount determined by the department by rule,not to exceed[$8] ORS 818.200 may be any amount determined by a road author- $16, plus an additional amount to be determined by the depart- ity, not to exceed [$8] $16. If the variance permit is issued by a ment by rule,not to exceed$8,for each jurisdiction in which travel private contractor, the contractor may charge an additional fee is authorized by the permit. not to exceed $5, plus an amount to be determined by the SECTION 45.On July 1,2000,ORS 803.420,as amended by Department of.Transportation by rule,not to exceed$16,for section 102 of this 1999 Act, is amended to read: each road jurisdiction in which travel is authorized by the 803.420.This section establishes registration fees for vehicles. permit. If there is uncertainty as to the classification of a vehicle for pur- (2)The fee for issuance of a sifting or leaking load permit under poses of the payment of registration fees under the vehicle code, ORS 818.230 is[$8]$16. the Department of Transportation may classify the vehicle to (3) The fee for issuance of a dragging permit under ORS ensure that registration fees for the vehicle are the same as for 818.240 is$8. vehicles the department determines to be comparable.The regis- (4)The fee for issuance of a permit under ORS 818.260 for the tration fees for the vehicle shall be those based on the classifica- use of bus safety lights is a fee established by rule by the tion determined by the department. The fees described in this Department of Transportation.Any fee established for purposes of section are for an entire registration period for the vehicle as this subsection shall not exceed the actual costs of issuing the described under ORS 803.415, unless the vehicle is registered permit. quarterly.The department shall apportion any fee under this sec- (5)In addition to the fee described in subsection(1)of this tion to reflect the number of quarters registered for a vehicle reg- section, the fee paid for issuance of a variance permit istered for a quarterly registration period under ORS 803.415.The described in ORS 818.200,the following fees shall be paid for fees are payable when a vehicle is registered and upon renewal a separate continuous permit issued under ORS 818.200 for of registration. Except as provided in ORS 801.041 (3) and each of the following configurations: 801.042(7),the fee shall be increased by any amount established by the governing body of a county or by the governing body of a district, as defined in ORS 801.237 under ORS 801.041 or 801.042 as an additional registration fee for the vehicle.The fees for registration of vehicles are as follows: 57 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82. (1)Vehicles not otherwise provided for in this section or ORS 82,001 to 84,000 335 820.580 or 821.320,$40. 84,001 to 86,000 340 (2)Mopeds,$9. 86,001 to 88,000 350 (3) Motorcycles,$9. 88,001 to 90,000 355 (4)Government-owned vehicles registered under ORS 805.040, 90,001 to 92,000 365 $2. 92,001 to 94,000 370 (5)State-owned vehicles registered under ORS 805.045,$2 on 94,001 to 96,000 380 registration or renewal. 96,001 to 98,000 385 (6) Undercover vehicles registered under ORS 805.060,$2 on 98,001 to 100,000 390 registration or renewal. 100,001 to 102,000 400 (7)Antique vehicles registered under ORS 805.010,$30. 102,001 to 104,000 405 (8)Vehicles of special interest registered under ORS 805.020, 104,001 to 105,500 415 a $45. [ ) (9)Electric vehicles as follows: (a) The registration fee for an electric vehicle not otherwise Fixed Variable Total described in this subsection is$60. Weight in Pounds Fee Fee (b) The registration fee for electric vehicles that have two or 8,000 or less $ 20 $ 20 three wheels is $30.This paragraph does not apply to electric 81001 to 10,000 75 75 mopeds.Electric mopeds are subject to the same registration fee 10,001 to 12,000 135 135 as otherwise provided for mopeds under this section. 12,001 to 14,000 160 160 (c)The registration fees for the following electric vehicles are 14,001 to 16,000 230 230 the same as for comparable nonelectric vehicles described in this 16,001 to 18,000 230 230 section plus 50 percent of such fee: 18,001 to 20,000 230 230 (A)Motor homes. 20,001 to 22,000 230 230 (B)Commercial buses. 22,001 to 24,000 230 230 (C)Vehicles registered as farm vehicles under ORS 805.300. 24,001 to 26,000 230 230 (D) Vehicles required to establish registration weight under 26,001 to 28,000 245 $ 1,130 1,375 ORS 803.430 or 826.013. 28,001 to 30,000 255 1,178 1,433 (10)(a) Except as otherwise provided in this subsection, 30,001 to 32,000 276 1,272 1,548 motor vehicles required to establish a registration weight under 32,001 to 34,000 286 1,319 1,605 ORS 803.430 or 826.013, and commercial buses as provided 34,001 to 36,000 306 1,413 1,719 in the following chart, based upon the weight submitted in the 365001 to 38,000 316 1,460 1,776 declaration of weight prepared under ORS 803.435 or 826.015: 38,001 to 40,000 337 1,554 1,891 [ ) 40,001 to 42,000 347 1,601 1,948 Weight in Pounds Fee 42,001 to 44,000 367 1,696 2,063 8,000 or less $ 20 44,001 to 46,000 377 1,743 2,120 8,001 to 10,000 75 46,001 to 48,000 388 1,790 2,178 10,001 to 12,000 135 48,001 to 50,000 408 1,884 2,292 12,001 to 14,000 160 50,001 to 52,000 428 1,978 2,406 14,001 to 16,000 230 52,001 to 54,000 439 2,025 2,464 16,001 to 18,000 230 54;001 to 56,000 449 2,072 2,521 18,001 to 20,000 230 56,001 to 58,000 469 2,167 29636 20,001 to 22,000 230 58,001 to 60,000 490 2,261 2,751 22,001 to 24,000 230 60,001 to 62,000 510 2,355 2,865 24,001 to 26,000 230 62,001 to 64,000 530 2,449 2,979 26,001 to 28,000 120 64,001 to 66,000 541 2,496 3,037 28,001 to 30,000 125 66,001 to 68,000 561 2,591 3,152 30,001 to 32,000 135 68,001 to 70,000 571 2,638 3,209 32,001 to 34,000 140 70,001 to 72,000 591 2,732 3,323 34,001 to 36,000 150 72,001 to 74,000 602 2,779 3,381 36,001 to 38,000 155 74,001 to 76,000 622 2,873 3,495 38,001 to 40,000 165 76,001 to 78,000 632 2,920 3,552 40,001 to 42,000 170 78,001 to 80,000 653 3,014 3,667 42,001 to 44,000 180 80,001 to 82,000 663 3,062 3,725 44,001 to 46,000 185 82,001 to 84,000 683 3,156 3,839 46,001 to 48,000 190 84,001 to 86,000 693 3,203 3,896 48,001 to 50,000 200 86,001 to 88,000 714 3,297 4,011 50,001 to 52,000 210 88,001 to 90,000 724 3,344 4,068 52,001 to 54,000 215 90,001 to 92,000 744 3,438 4,182 54,001 to 56,000 220 92,001 to 94,000 754 3,485 4,239 56,001 to 58,000 230 94,001 to 96,000 775 3,580 4,355 58,001 to 60,000 240 96,001 to 98,000 785 3,627 4,412 60,001 to 62,000 250 98,001 to 100,000 795 3,674 4,469 62,001 to 64,000 260 100,001 to 102,000 816 3,768 4,584 64,001 to 66,000 265 102,001 to 104,000 826 3,815 4,641 66,001 to 68,000 275 104,001 to 105,500 846 3,909 4,755 68,001 to 70,000 280 70,001 to 72,000 290 (b)Concrete mixers and motor vehicles described in para- 72,001 to 74,000 295 graph(a)of this subsection that primarily carry logs,poles, 74,001 to 76,000 305 pilings,sand or gravel,the fixed fee determined under para- 76,001 to 78,000 310 graph(a)of this subsection,plus a variable fee of$900. 78,001 to 80,000 320 (c) Motor vehicles described in paragraph (a) of this 80,001 to 82,000 325 subsection that are used for transporting garbage or 58 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82 recyclables,the fixed fee determined under paragraph(a)of 90,001 to 92,000 365 this subsection,plus a variable fee of$430. 92,001 to 94,000 370 (d) Motor vehicles described in paragraph (a)of this sub- 94,001 to 96,000 380 section that weigh at least 26,001 pounds and not more than 96,001 to 98,000 385 60,000 pounds, that traveled less than 30,000 miles in the 98,001 to 100,000 390 year immediately preceding the year for which they are being 100,001 to 102,000 400 registered and that are not otherwise described in para- 102,001 to 104,000 405 graphs(b)to(g)of this subsection,the fixed fee determined 104,001 to 105,500 415 under paragraph(a)of this subsection. (e) Motor vehicles described in paragraph(a)of this sub- (b)The owner of a vehicle described in paragraph (a) of this section that weigh at least 26,001 pounds and that traveled subsection must certify at the time of initial registration,in a man- less than 5,000 miles in the year immediately preceding the ner determined by the department by rule,that the motor vehicle year for which they are being registered,the fixed fee deter- will be used exclusively to transport manufactured structures or mined under paragraph(a)of this subsection, exclusively as described in ORS 822.210, 825.015 or 825.017 (f) Motor vehicles described in paragraph (a)of this sub- (15)or that the person meets the criteria in paragraph(a)of section that are exclusively owned and operated by investor- this subsection for registration of a vehicle by a person or owned utilities,the fixed fee determined under paragraph(a) business involved in waterworks construction.Registration of of this subsection. a vehicle described in paragraph(a)of this subsection is invalid if (g) Motor vehicles that weigh at least 60,001 pounds and the vehicle is operated in any manner other than that described in that are used exclusively in conjunction with the installation the certification under this paragraph. of heavy machinery, the fixed fee determined under para- (12)Trailers registered under permanent registration,[$10]$30. graph(a)of this subsection. (13)Fixed load vehicles as follows: (11)(a) Motor vehicles with,a registration weight of more than (a) If a declaration of weight described under ORS 803.435 is 8,000 pounds that are described in ORS 825.015,that are oper- submitted establishing the weight of the vehicle at 3,000 pounds ated by a charitable organization as described in ORS 825.017 or less,$30. (15), that are certified under ORS 822.205, [or] that are used (b)If no declaration of weight is submitted or if the weight of the exclusively to transport manufactured structures or that are reg- vehicle is in excess of 3,000 pounds,$75. istered by an individual or business whose principal activity (14) Trailers for hire that are equipped with pneumatic tires involves waterworks construction and who is licensed under made of an elastic material and that are not travel trailers, ORS 479.630(13)or 537.747,as provided in the following chart: manufactured structures or trailers registered under permanent registration,$15. Weight in Pounds Fee (15)Trailers registered as part of a fleet under an agreement 8,001 to 10,000 $ 50 reached pursuant to ORS 802.500,the same as the fee for vehi- 10,001 to 12,000 60 cles of the same type registered under other provisions of the 12,001 to 14,000 65 Oregon Vehicle Code. 14,001 to 16,000 75 (16) Travel trailers, campers and motor homes as follows, 16,001 to 18,000 80 based on length as determined under ORS 803.425: 18,001 to 20,000 90 (a)For travel trailers or campers that are 6 to 10 feet in length, 20,001 to 22,000 95 $54. 22,001 to 24,000 105 (b)For travel trailers or campers over 10 feet in length,$54 plus 24,001 to 26,000 110 $4.50 a foot for each foot of length over the first 10 feet. 26,001 to 28,000 120 (c) For motor homes over 10 feet in length,$84 plus$5 a foot 28,001 to 30,000 125 for each foot of length over the first 10 feet. 30,001 to 32,000 135 (17) Special use trailers as follows, based on length as deter- 32,001 to 34,000 140 mined under ORS 803.425: 34,001 to 36,000 150 (a) For lengths 6 to 10 feet,$30. 36,001 to 38,000 155 (b)For special use trailers over 10 feet in length,$30 plus$3 a 38,001 to 40,000 165 foot for each foot of length over the first 10 feet. 40,001 to 42,000 170 (18)Fees for vehicles with proportional registration under ORS 42,001 to 44,000 180 826.009, or proportioned fleet registration under ORS 826.011, 44,001 to 46,000 185 are as provided for vehicles of the same type under this section 46,001 to 489000 190 except that the fees shall be fixed on an apportioned basis as 48,001 to 50,000 200 provided under the agreement established under ORS 826.007. 50,001 to 52,000 210 (19) For any vehicle that is registered under a quarterly regis- 52,001 to 54,000 215 tration period,a minimum of$15 for each quarter registered plus 54,001 to 56,000 220 an additional fee of$1. 56,001 to 58,000 230 (20) In addition to any other fees charged for registration of 58,001 to 60,000 240 vehicles in fleets under ORS 805.120, the department may 60,001 to 62,000 250 charge the following fees: 62,001 to 64,000 260 (a)A$2 service charge for each vehicle entered into a fleet. 64,001 to 66,000 265 (b)A$1 service charge for each vehicle in the fleet at the time 66,001 to 68,000 275 of renewal. 68,001 to 70,000 280 (21)The registration fee for vehicles with special registration for 70,001 to 72,000 290 disabled veterans under ORS 805.100 is a fee of$15. 72,001 to 74,000 295 (22) The registration fee for manufactured structures is as 74,001 to 76,000 305 provided in ORS 820.580. 76,001 to 78,000 310 (23) Subject to subsection (19)of this section,the registration 78,001 to 80,000 320 tee for motor vehicles registered as farm vehicles under ORS 80,001 to 82,000 325 805.300 is as follows based upon the registration weight given in 82,001 to 84,000 335 the declaration of weight submitted under ORS 803.435: 84,001 to 86,000 340 86,001 to 88,000 350 88,001 to 90,000 355 59 CONTINUED O Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82 801.042(7),the fee shall be increased by any amount established Weight in Pounds Fee by the governing body of a county or by the governing body of a 8,000 or less $ 20 district, as defined in ORS 801.237 under ORS 801.041 or 8,001 to 10,000 30 801.042 as an additional registration fee for the vehicle.The fees 10,001 to 12,000 35 for registration of vehicles are as follows: 12,001 to 14,000 45 (1)Vehicles not otherwise provided for in this section or ORS 14,001 to 16,000 50 820.580 or 821.320,$40. 16,001 to 18,000 60 (2)Mopeds,$9. 18,001 to 20,000 65 (3)Motorcycles,$9. 20,001 to 22,000 75 (4) Government-owned vehicles registered under ORS 22,001 to 24,000 80 805.040,$2. 24,001 to 26,000 90 (5)State-owned vehicles registered under ORS 805.045,$2 on 26,001 to 28,000 95 registration or renewal. 28,001 to 30,000 105 (6) Undercover vehicles registered under ORS 805.060,$2 on 30,001 to 32,000 110 registration or renewal. 32,001 to 34,000 120 (7)Antique vehicles registered under ORS 805.010,$30. 34,001 to 36,000 125 (8)Vehicles of special interest registered under ORS 805.020, 36,001 to 38,000 135 $45. 38,001 to 40,000 140 (9) Electric vehicles as follows: 40,001 to 42,000 150 (a) The registration fee for an electric vehicle not otherwise 42,001 to 44,000 155 described in this subsection is$60. _ 44,001 to 46,000 165 (b)The registration fee for electric vehicles that have two or 46,001 to 48,000 170 three wheels is $30.This paragraph does not apply to electric 48,001 to 50,000 180 mopeds.Electric mopeds are subject to the same registration fee 50,001 to 52,000 185 as otherwise provided for mopeds under this section. 52,001 to 54,000 190 (c)The registration fees for the following electric vehicles are 54,001 to 56,000 200 the same as for comparable nonelectric vehicles described in this 56,001 to 58,000 210 section plus 50 percent of such fee: 58,001 to 60,000 215 (A)Motor homes. 60,001 to 62,000 220 (B)Commercial buses. 62,001 to 64,000 230 (C)Vehicles registered as farm vehicles under ORS 805.300. 64,001 to 66,000 240 (D) Vehicles required to establish registration weight under 66,001 to 68,000 245 ORS 803.430 or 826.013. 68,001 to 70,000 250 (10)(a) Except as otherwise provided in this subsection, motor 70,001 to 72,000 260 vehicles required to establish a registration weight under ORS 72,001 to 74,000 265 803.430 or 826.013,and commercial buses as provided in the fol- 74,001 to 76,000 , 275 lowing chart, based upon the weight submitted in the declaration 76,001 to 78,000 280 of weight prepared under ORS 803.435 or 826.015: 78,001 to 80,000 290 j 80,001 to 82,000 295 Fixed Variable Total 82,001 to 84,000 305 Weight in Pounds Fee Fee 84,001 to 86,000 310 8,000 or less $ 20 $ 20 86,001 to 88,000 320 8,001 to 10,000 75 75 88,001 to 90,000 325 10,001 to 12,000 135 135 90,001 to 92,000 335 12,001 to 14,000 160 160 92,001 to 94,000 340 14,001 to 16,000 230 230 94,001 to 96,000 350 16,001 to 18,000 230 230 96,001 to 98,000 355 18,001 to 20,000 230 230 98,001 to 100,000 365 20,001 to 22,000 230 230 100,001 to 102,000 370 22,001 to 24,000 230 230 102,001 to 104,000 380 24,001 to 26,000 230 230 104,001 to 105,500 385 26,001 to 28,000 245 $ 1,130 1,375 28,001 to 30,000 255 1,178 1,433 (24) The registration fee for school vehicles registered under 30,001 to 32,000 276 1,272 1,548 ORS 805.050 is$7.50. 32,001 to 34,000 286 1,319 1,605 SECTION 45a. On January 1, 2002, ORS 803.420, as 34,001 to 36,000 306 1,413 1,719 amended by sections 45 and 102 of this 1999 Act;is amended to 36,001 to 38,000 316 1,460 1,776 read: 38,001 to 40,000 337 1,554 1,891 803.420.This section establishes registration fees for vehicles. 40,001 to 42,000 347 1,601 1,948 If there is uncertainty as to the classification of a vehicle for pur- 42,001 to 44,000 367 1,696 2,063 poses of the payment of registration fees under the vehicle code, 44,001 to 46,000 377 1,743 2,120 the Department of Transportation may classify the vehicle to 46,001 to 48,000 388 1,790 2,178 ensure that registration fees for the vehicle are the same as for 48,001 to 50,000 408 1,884 2,292 vehicles the department determines to be comparable.The regis- 50,001 to 52,000 428 1,978 2,406 tration fees for the vehicle shall be those based on the classifica- 52,001 to 54,000 439 2,025 2,464 tion determined by the department. The fees described in this 54,001 to 56,000 449 2,072 2,521 section are for an entire registration period for the vehicle as 56,001 to 58,000 469 2,167 2,636 described under ORS 803.415, unless the vehicle is registered 58,001 to 60,000 490 2,261 2,751 quarterly.The department shall apportion any fee under this sec- 60,001 to 62,000 510 2,355 2,865 tion to reflect the number of quarters registered for a vehicle reg- 62,001 to 64,000 530 2,449 2,979 istered for a quarterly registration period under ORS 803.415.The 64,001 to 66,000 541 2,496 3,037 fees are payable when a vehicle is registered and upon renewal 66,001 to 68,000 561 2,591 3,152 of registration. Except as provided in ORS 801.041 (3) and 68,001 to 70,000 571 2,638 3,209 60 CONTINUED'O Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 LLMeasure No. 82 70,001 to 72,000 591 2,732 3,323 (b)Concrete mixers and motor vehicles described in paragraph 72,001 to 74,000 602 2,779 3,381 (a)of this subsection that primarily carry logs,poles,pilings,sand 74,001 to 76,000 622 2,873 3,495 or gravel, the fixed fee determined under paragraph (a) of this 76,001 to 78,000 632 2,920 3,552 subsection, plus a variable fee of[$900]$1,250. 78,001 to 80,000 653 3,014 3,667 (c)Motor vehicles described in paragraph(a)of this subsection 80,001 to 82,000 663 3,062 3,725 that are used for transporting garbage or recyclables,the fixed fee 82,001 to 84,000 683 3,156 3,839 determined under paragraph(a)of this subsection,plus a variable 84,001 to 86,000 693 3,203 3,896 fee of[$430]$590. 86,001 to 88,000 714 3,297 4,011 (d)Motor vehicles described in paragraph(a)of this subsection 88,001 to 90,000 724 3,344 4,068 that weigh at least 26,001 pounds and not more than 60,000 90,001 to 92,000 744 3,438 4,182 pounds, that traveled less than 30,000 miles in the year immedi- 92,001 to 94,000 754 3,485 4,239 ately preceding the year for which they are being registered and 94,001 to 96,000 775 3,580 4,355 that are not otherwise described in paragraphs (b) to (g) of this 96,001 to 98,000 785 3,627 4,412 subsection, the fixed fee determined under paragraph (a) of this 98,001 to 100,000 795 3,674 4,469 subsection. 100,001 to 102,000 816 3,768 4,584 (e)Motor vehicles described in paragraph(a)of this subsection 102,001 to 104,000 826 3,815 4,641 that weigh at least 26,001 pounds and that traveled less than 104,001 to 105,500 846 3,909 4,755 5,000 miles in the year immediately preceding the year for which [ ] they are being registered, the fixed fee determined under para- graph(a)of this subsection. Fixed Variable Total (f)Motor vehicles described in paragraph(a)of this subsection Weight in Pounds Fee Fee that are exclusively owned and operated by investor-owned 8,000 or less $ 20 $ 20 utilities, the fixed fee determined under paragraph (a) of this 8,001 to 10,000 80 80 subsection. 10,001 to 12,000 135 135 (g) Motor vehicles that weigh at least 60,001 pounds and that 12,001 to 14,000 160 160 are used exclusively in conjunction with the installation of heavy 14,001 to 16,000 230 230 machinery, the fixed fee determined under paragraph (a) of this 16,001 to 18,000 230 230 subsection. 18,001 to 20,000 230 230 (11)(a) Motor vehicles with a registration weight of more than 20,001 to 22,000 230 230 8,000 pounds that are described in ORS 825.015,that are oper- 22,001 to 24,000 230 230 ated by a charitable organization as described in ORS 825.017 24,001 to 26,000 230 230 (15), that are certified under ORS 822.205, that are used exclu= 26,001 to 28,000 245 $ 1,590 1,835 sively to transport manufactured structures or that are registered 28,001 to 30,000 255 1,656 1,911 by an individual or business whose principal activity involves 30,001 to 32,000 276 1,789 2,065 waterworks construction and who is licensed under ORS 479.630 32,001 to 34,000 286 1,855 2,141 (13)or 537.747,as provided in the following chart: 34,001 to 36,000 306 1,988 2,294 36,001 to 38,000 316 2,054 2,370 Weight in Pounds Fee 38,001 to 40,000 337 2,186 2,523 8,001 to 10,000 $ 50 40,001 to 42,000 347 2,253 2,600 10,001 to 12,000 60 42,001 to 44,000 367 2,385 2,752 12,001 to 14,000 65 44,001 to 46,000 377 2,451 2,828 14,001 to 16,000 75 46,001 to 48,000 388 2,518 2,906 16,001 to 18,000 80 48,001 to 50,000 408 2,650 3,058 18,001 to 20,000 90 50,001 to 52,000 428 2,783 3,211 20,001 to 22,000 95 52,001 to 54,000 439 2,849 3,288 22,001 to 24,000 105 54,001 to 56,000 449 2,915 3,364 24,001 to 26,000 110 56,001 to 58,000 469 3,048 3,517 26,001 to 28,000 120 58,001 to 60,000 490 3,180 3,670 28,001 to 30,000 125 60,001 to 62,000 510 3,313 3,823 30,001 to 32,000 135 62,001 to 64,000 530 3,445 3,975 32,001 to 34,000 140 64,001 to 66,000 541 3,511 4,052 34,001 to 36,000 150 66,001 to 68,000 561 3,644 4,205 36,001 to 38,000 155 68,001 to 70,000 571 3,710 4,281 38,001 to 40,000 165 70,001 to 72,000 591 3,843 4,434 40,001 to 42,000 170 72,001 to 74,000 602 3,909 45511 42,001 to 44,000 180 74,001 to 76,000 622 4,041 4,663 44,001 to 46,000 185 76,001 to 78,000 632 4,108 4,740 46,001 to 48,000 190 78,001 to 80,000 653 4,240 4,893 48,001 to 50,000 200 80,001 to 82,000 663 4,306 4,969 50,001 to 52,000 210 82,001 to 84,000 683 4,439 5,122 52,001 to 54,000 215 84,001 to 86,000 693 4,505 5,198 54,001 to 56,000 220 86,001 to 88,000 714 4,638 5,352 56,001 to 58,000 230 88,001 to 90,000 724 4,704 5,428 58,001 to 60,000 240 90,001 to 92,000 744 4,836 5,580 60,001 to 62,000 250 92,001 to 94,000 754 4,903 5,657 62,001 to 64,000 260 94,001 to 96,000 775 5,035 5,810 64,001 to 66,000 265 96,001 to 98,000 785 5,101 5,886 66,001 to 68,000 275 98,001 to 100,000 795 5,168 5,963 68,001 to 70,000 280 100,001 to 102,000 816 5,300 6,116 70,001 to 72,000 290 102,001 to 104,000. 826 5,366 6,192 72,001 to 74,000 295 104,001 to 105,500 846 5,499 6,345 74,001 to 76,000 305 76,001 to 78,000 310 61 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82 78,001 to 80,000 320 fee for motor vehicles registered as farm vehicles under ORS 80,001 to 82,000 325 805.300 is as follows based upon the registration weight given in 82,001 to 84,000 335 the declaration of weight submitted under ORS 803.435: 84,001 to 86,000 340 86,001 to 88,000 350 Weight in Pounds Fee 88,001 to 90,000 355 8,000 or less $ 20 90,001 to 92,000 365 8,001 to 10,000 30 92,001 to 94,000 370 10,001 to 12,000 35 94,001 to 96,000 380 12,001 to 14,000 45 96,001 to 98,000 385 14,001 to 16,000 50 98,001 to 100,000 390 16,001 to 18,000 60 100,009 to 102,000 400 18,001 to 20,000 65 102,001 to 104,000 405 20,001 to 22,000 75 104,001 to 105,500 415 22,001 to 24,000 80 24,001 to 26,000 90 (b)The owner of a vehicle described in paragraph (a) of this 26,001 to 28,000 95 subsection must certify at the time of initial registration,in a man- 28,001 to 30,000 105 ner determined by the department by rule,that the motor vehicle 30,001 to 32,000 110 will be used exclusively to transport manufactured structures or 32,001 to 34,000 120 exclusively as described in ORS 822.210, 825.015 or 825.017 34,001 to 36,000 125 (15)or that the person meets the criteria in paragraph (a)of this 36,001 to 38,000 135 subsection for registration of a vehicle by a person or business 38,001 to 40,000 140 involved in waterworks construction. Registration of a vehicle 40,001 to 42,000 150 described in paragraph (a) of this subsection is invalid if the 42,001 to 44,000 155 vehicle is operated in any manner other than that described in the 44,001 to 46,000 165 certification under this paragraph. 46,001 to 48,000 170 (12)Trailers registered under permanent registration,$30. 48,001 to 50,000 180 (13)Fixed load vehicles as follows: 50,001 to 52,000 185 (a) If a declaration of weight described under ORS 803.435 is 52,001 to 54,000 190 submitted establishing the weight of the vehicle at 3,000 pounds 54,001 to 56,000 200 or less,$30. 56,001 to 58,000 210 (b)If no declaration of weight is submitted or if the weight of the 58,001 to 60,000 215 vehicle is in excess of 3,000 pounds,$75. 60,001 to 62,000 220 (14) Trailers for hire that are equipped with pneumatic tires 62,001 to 64,000 230 made of an elastic material and that are not travel trailers,manu- 64,001 to 66,000 240 factured structures or trailers registered under permanent regis- 66,001 to 68,000 245 tration,$15. 68,001 to 70,000 250 (15)Trailers registered as part of a fleet under an agreement 70,001 to 72,000 260 reached pursuant to ORS 802.500, the same as the fee for 72,001 to 74,000 265 vehicles of the same type registered under other provisions of the 74,001 to 76,000 275 Oregon Vehicle Code. . 76,001 to 78,000 280 (16) Travel trailers, campers and motor homes as follows, 78,001 to 80,000 290 based on length as determined under ORS 803.425: 80,001 to 82,000 295 (a) For travel trailers or campers that are 6 to 10 feet in length, 82,001 to 84,000 305 $54. 84,001 to 86,000 310 (b)For travel trailers or campers over 10 feet in length,$54 plus 86,001 to 88,000 320 $4.50 a foot for each foot of length over the first 10 feet. 88,001 to 90,000 325 (c) For motor homes over 10 feet in length,$84 plus$5 a foot 90,001 to 92,000 335 for each foot of length over the first 10 feet. 92,001 to 94,000 340 (17) Special use trailers as follows, based on length as deter- 94,001 to 96,000 350 mined under ORS 803.425: 96,001 to 98,000 355 (a)For lengths 6 to 10 feet,$30. 98,001 to 100,000 365 (b)For special use trailers over 10 feet in length,$30 plus$3 a 100,001 to 102,000 370 foot for each foot of length over the first 10 feet. 102,001 to 104,000 380 (18)Fees for vehicles with proportional registration under ORS. 104,001 to 105,500 385 826.009, or proportioned fleet registration under ORS 826.011, are as provided for vehicles of the same type under this section (24) The registration fee for school vehicles registered under except that the fees shall be fixed on an apportioned basis as ORS 805.050 is$7.50. provided under the agreement established under ORS 826.007. SECTION 46. Section 47 of this 1999 Act is added to and (19) For any vehicle that is registered under a quarterly regis- made a part of ORS chapter 803. tration period,a minimum of$15 for each quarter registered plus SECTION 47. Registration fees for commercial vehicles an additional fee of$1. registered under the proportional registration provisions (20) In addition to any other fees charged for registration of of ORS 826.009 may be paid quarterly. Authorization for vehicles in fleets under ORS 805.120, the department may quarterly payment does not affect the registration period charge the following fees: specified in ORS 826.009. (a)A$2 service charge for each vehicle entered into a fleet. SECTION 48.ORS 305.850 is amended to read: (b)A$1 service charge for each vehicle in the fleet at the time 305.850. (1) Notwithstanding any provision to the contrary in of renewal. ORS 9.320 [and 305.610], the Director of the Department of (21)The registration fee for vehicles with special registration for Revenue may engage the services of a collection agency to col- disabled veterans under ORS 805.100 is a fee of$15. lect any taxes, interest and penalties resulting from an assess- (22) The registration fee for manufactured structures is as ment of taxes or additional taxes imposed by ORS chapters 118, provided in ORS 820.580. 310,314,316,317,318,320,321,ORS 323.005 to 323.455 and (23) Subject to subsection (19)of this section,the registration 323.990 and the Tobacco Products Tax Act (ORS 323.500 to 62 CONTINUED'O Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 323.640)and any other tax laws administered by the Department a remittance payable to the department of all the tax shown to be of Revenue.The director may engage the services of a collection due and payable on the amount of fuel used. agency by entering into an agreement to pay reasonable charges SECTION 51.ORS 366.507 is amended to read: on a contingent fee or other basis. 366.507. The Department of Transportation shall use an (2)The director shall cause to be collected, in the same man- amount equal to the moneys in the State Highway Fund that ner as provided in subsection (1) of this section, assessments, become available for its use from the increase in tax rates created taxes and penalties due under ORS chapter 656. All amounts by the amendments to ORS 319.020[,] and 319.530[, 825.476 collected pursuant to this subsection shall be credited as provided and 825.4801 by sections [1, 2 and 10 to 15] 1, 2, 12 and 13, in ORS 293.250. chapter 209, Oregon Laws 1985, and an amount equal to one- (3)The director may assign to the collection agency,for collec- third of the moneys in the State Highway Fund that become avail- tion purposes only, any of the taxes, penalties, interest and able for its use from any increase in tax rates created by the moneys due the state. amendments to ORS 319.020[,] and 319.530[, 825.476 and (4)The collection agency may bring such action or take such 825.4801 by sections [5, 6 and 8 to 1518,9,10, 11, 14 and 15, proceedings, including but not limited to attachment and garnish- chapter 899, Oregon Laws 1987, and from any increase in tax ment proceedings,as may be necessary. rates that results from the provisions of sections 16 and 17, SECTION 49.ORS 319.520 is amended to read: chapter 899, Oregon Laws 1987, exclusively to establish a state y 319.520.As used in ORS 319.510 to 319.880,unless the con- modernization program for highways. The program established text clearly indicates a different meaning: under this section and the use of moneys in the program are sub- (1)"Combined weight"means the total empty weight of all vehi- ject to the following: cles in a combination plus the total weight of the load carried on (1)The moneys may be used by the department to retire bonds that combination of vehicles. that the department issues for the modernization program under (2) "Delinquent" means having failed to pay a tax or penalty bonding authority of the department. within the time provided by law. (2) The intent of the modernization program is to accelerate (3)"Department"means the Department of Transportation. improvements from the backlog of needs on the state highways (4) "Fuel" means any combustible gas, liquid or material of a and to fund modernization of highways and local roads to support kind used for the generation of power to propel a motor vehicle on economic development in Oregon. Projects both on and off the the highways except motor vehicle fuel as defined in ORS state highway system are eligible. 319.010 and diesel fuel. (3) Projects to be implemented by the modernization program (5) "Highway" means every way, thoroughfare and place, of shall be selected by the Oregon Transportation Commission.The whatever nature,open to the use of the public for the purpose of criteria for selection of projects will be established after public vehicular travel. hearings that allow citizens an opportunity to review the criteria. (6) "Light weight" means the weight of a vehicle when fully (4) In developing criteria for selection of projects,the commis- equipped for moving over the highway. sion shall consider the following: (7)"Motor vehicle"means every self-propelled vehicle operated (a) Projects be of significance to the state highway system. on the highway, except an implement of husbandry used in agri- (b)Projects not be selected on the interstate highway system. cultural operations and only incidentally operated or moved upon (c)Projects be equitably distributed throughout Oregon. the highway. (d)Projects may be on county or city arterial roads connecting (8) "Person" means any individual, firm, copartnership, joint to or supporting a state highway. venture, association, corporation, trust, receiver or any group or (e) Priority be given to projects which encourage economic combination acting as a unit. development where: (9)"Seller"means a person who sells fuel to a user. (A) There is commitment by private industry to construct a (10)"To sell fuel for use in a motor vehicle"means to deliver or facility. place fuel for a price into a receptacle on a motor vehicle, from (6)There is support from other state agencies. which receptacle the fuel is supplied to propel the motor vehicle. (f) Priority be given where there is local government or private (11)"To use fuel in a motor vehicle"means to receive into any sector financial participation,or both,in the improvement in addi- receptacle on a motor vehicle, fuel to be consumed in propelling tion to improvements adjacent to the project. the motor vehicle on the highways of this state;and, if the fuel is (g)Priority be given where there is strong local support. received into the receptacle outside the taxing jurisdiction of the SECTION 52.ORS 366.508 is amended to read: state, "to use fuel in a motor vehicle" means to consume in 366.508.(1)The Legislative Assembly finds that: propelling the motor vehicle on the highways of this state. (a) Estimated highway, road and street revenues from current SECTION 50.ORS 319.690 is amended to read: sources will not adequately meet the need for continued develop- 319.690.(1) Except as provided in subsection (2) of this sec- ment of a statewide road and bridge system that is economically tion and ORS 319.692, each user of fuel in a motor vehicle efficient, provides accessibility to and from commercial, agricul- required to be licensed under ORS 319.550 shall,on or before the tural, industrial, tourist and recreational facilities and enhances 20th day of each month,file with the Department of Transportation the highway safety, environmental quality and land use goals of a report showing the amount of fuel used during the immediately this state; preceding calendar month by the user and such other information (b) Responsibility for the cost of the highway, road and street as the department may require for the purposes of ORS 319.510 system should be proportional and should be based on the to 319.880. The reports shall be in the form prescribed by the number and types of vehicles that use the system and on the department. Each report shall be accompanied by a remittance frequency of their use;and payable to the department for the amount of all the tax shown by (c)Expansion,modernization,maintenance,repair,reconstruc- the report,to be due and payable. Any tax paid to a seller is a tion, increased capacity and enhanced safety on all roads and credit against the amount of tax otherwise due and payable to the bridges is crucial to the economic revitalization of Oregon. state under ORS 319.510 to 319.880 [or 825.474, 825.476 and (2)The Legislative Assembly declares that the purpose of this 825.480].Also,when filing a monthly tax report,a user may,in lieu section and ORS 319.020,319.530,366.507,366.524,366.542[,] of claiming a refund,take a deduction or credit for the tax on any and 366.790[,825.476 and 825.4801 and section 2 of this 1999 fuel which would otherwise be subject to refund under ORS Act is: 319.831 (1). (a)To enhance the revenue base for the state, counties and (2) Each user of fuel in a motor vehicle with a light weight of cities for continued development and maintenance of the road less than 8,000 pounds required to be licensed under ORS and bridge system;and 319.550 may file an annual report of all fuel used upon Oregon (b) To enhance the revitalization of this state's economy by highways.The report for each calendar year shall be filed on or implementing a long-term plan for the state, counties and cities before March 1 of the year following and shall be accompanied by that establishes priorities for road and bridge improvements. 63 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 NOTE: Section 53 was deleted by amendment. Subsequent separately.After deduction of expenses of collection,transfer and sections were not renumbered. administration,including the expenses of establishment and oper- SECTION 54.ORS 367.605 is amended to read: ation of Class I all-terrain vehicle safety education courses under 367.605.This section establishes the moneys available for use ORS 821.180 and Class III all-terrain vehicle safety education or pledge for purposes of issuing bonds under ORS 367.615 or courses under ORS 821.182,the following moneys shall be trans- 367.670. Such moneys are established as provided under the ferred to the account: following: (1) Fees collected by the Department of Transportation under (1) Except as provided in subsection (2) of this section, ORS 821.060 for issuance of title for Class I all-terrain vehicles. moneys, once deposited in the highway fund established under (2) Fees collected by the department under ORS 821.320 for ORS 366.505,from all of the following sources are subject to the registration of Class I all-terrain vehicles. use or pledge described by this section: (3) Fees collected by the department from participants in the (a)Moneys credited to the highway fund under ORS 153.630. Class I all-terrain vehicle safety education course under ORS (b) Moneys from the tax on [motor carriers] diesel fuel 821.180 and participants in the Class III all-terrain vehicle safety imposed under[ORS 825.474]section 2 of this 1999 Act. education course under ORS 821.182. (c) Moneys from the tax on motor vehicle fuel imposed under (4)That portion of the amount paid to the department as motor ORS 319.020. vehicle fuel tax under ORS 319.020 and 319.530 and diesel fuel (d)Moneys from the tax on fuel used in motor vehicles imposed tax under section 2 of this 1999 Act that is determined by the under ORS 319.530. department to be tax on fuel used by Class I,Class II and Class ' (e) Moneys described under ORS 803.090 from the titling of III all-terrain vehicles in off-highway operation and that is not vehicles. refunded.The department shall determine the amount of money (f)Moneys described under ORS 803.420 from the registration to be transferred under this subsection at least once each four of vehicles. years. (g) Moneys described under ORS 807.370 relating to the (5) Fees collected by the department under ORS 821.145 (2) issuance of driver licenses,and driver permits. for issuance and renewal of Class II or Class III all-terrain vehicle (2) Moneys described under subsection (1) of this section do off-road operating permits. not include any moneys described in the following: SECTION 58.ORS 802.500 is amended to read: (a)Moneys provided for appropriations to counties under ORS 802.500.The Director of Transportation may enter into agree- 366.525 to 366.540. ments with the duly authorized representatives of any jurisdiction (b) Moneys provided for appropriations to cities under ORS that issues registration to establish reciprocal privileges or regis- 366.785 to 366.820. tration exemptions for vehicles as described in this section.All of (c) Moneys in the account established under ORS 366.512 for the following apply to an agreement established under the author- parks and recreation. ity granted by this section: SECTION 55.ORS 376.390 is amended to read: (1) An agreement may establish any of the following benefits, 376.390. Nothing in ORS 376.305 to 376.390 relieves the privileges and exemptions with respect to the operation of com- forest road contractor or agents or subcontractors of the forest mercial or noncommercial vehicles in this state: road contractor from payment of any taxes or fees prescribed by (a)For purposes of ORS 803.305 exemptions from registration law[,except that, with respect to a motor vehicle operated upon a and payment, wholly or partially, of any vehicle or registration contract forest road by a forest road contractor, or agent or sub- fees. contractor of the forest road contractor, the road tax mileage fees (b)Privileges relating to vehicles used by disabled persons. prescribed by ORS 825.474,825.476,825.480 and 825.484 shall (c) Privileges relating to vehicle parking. be assessed upon the declared combined weight of the motor (d) Privileges relating to vehicle dealers. vehicle or 76,000 pounds, whichever is less]. (e) Privileges, exemptions or benefits relating to farm vehicles SECTION 56.ORS 802.010 is amended to read: or implements of husbandry. 802.010.(1)The Department of Transportation shall perform all (f) Privileges relating to persons commercially transporting of the duties,functions and powers with respect to the following: vehicles. (a)The administration of the laws relating to the motor vehicle (g)Any similar privileges,benefits or exemptions relating to the fuel license tax,aircraft fuel license tax,[and]use fuel license tax operation of vehicles. including ORS chapter 319,and diesel fuel tax under sections (h)Privileges,benefits or exemptions relating to the registration 1 to 41 of this 1999 Act. of fleets of vehicles. (b) The administration of the laws relating to motor vehicle (2) An agreement shall only grant the privileges, benefits and registration and titling and the issuance of certificates to vehicle exemptions to a vehicle or the owner of a vehicle if the vehicle is dealers and vehicle wreckers including but not limited to the any of the following: administration of the vehicle code. (a) Registered in the jurisdiction where the person registering (c)The administration of the laws relating to driving privileges the vehicle has a legal residence. granted under licenses and permits and under the vehicle code. (b)A commercial vehicle registered in a jurisdiction where the (d)The administration of the laws relating to operation of vehi- commercial enterprise in which the vehicle is used has a place of cles on highways and of vehicle size,weight and use limits under business. To qualify under this paragraph the vehicle must be the vehicle code. assigned to the place of business and the place of business must (e)The administration of ORS 820.130 and 820.140. be the place from which or in which the vehicle is most frequently (f)The administration of the provisions relating to proof of finan- dispatched,garaged,serviced,maintained,operated or otherwise cial responsibility and future responsibility filings. controlled. (2)The Director of Transportation shall act as a reciprocity offi- (c)A commercial vehicle registered in a jurisdiction where the cer for the purposes of ORS 802.500 and 802.520. vehicle has been registered because of an agreement between (3) The director shall have the authority to execute or make two jurisdictions or a declaration issued by any jurisdiction. such arrangements, agreements or declarations to carry out the (3) An agreement shall retain the right of the Department of provisions of ORS 802.500 and 802.520. The director shall Transportation to make the final determination as to the proper receive no additional compensation for service performed under place of registration of a vehicle when there is a dispute or doubt this [paragraph] subsection but shall be allowed actual and concerning the proper place of registration. An agreement shall necessary expenses incurred in the performance of the duties to retain the right of the department to confer with the departments be paid from the account of the department. of other jurisdictions affected when making a determination under SECTION 57.ORS 802.130 is amended to read: this subsection. 802.130.The All-Terrain Vehicle Account is established as a (4)An agreement shall not provide for any benefit, exemption separate account in the State Highway Fund,to be accounted for or privilege with respect to fuel taxes, use fuel taxes,diesel fuel 64 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 taxes, weight mile taxes or any other fees or taxes levied or agreement under ORS 802.500 or 826.005. assessed against the use of highways or use or ownership of (4) A declaration shall only grant the privileges, benefits and vehicles except registration taxes,fees and requirements. exemptions to a vehicle or the owner of a vehicle if the vehicle is (5) An agreement must provide that any vehicle registered in any of the following: this state will receive a similar kind or degree of exemptions, (a) Registered in the jurisdiction where the person registering benefits and privileges when operated in another jurisdiction that the vehicle has a legal.residence. is party to the agreement as vehicles registered in the other (b)A commercial vehicle registered in a jurisdiction where the jurisdiction receive when operated in this state. commercial enterprise in which the vehicle is used has a place of (6) An agreement, in the judgment of the director, shall be in business. To qualify under this paragraph the vehicle must be the best interest of this state and its citizens, shall be fair and assigned to the place of business and the place of business must equitable to this state and its citizens and shall be determined on be the place from which or in which the vehicle is most frequently the basis and recognition of benefits that accrue to the economy dispatched,garaged,serviced,maintained,operated or otherwise of this state from the uninterrupted flow of commerce. controlled. (7)An agreement may authorize a vehicle that would otherwise (c)A commercial vehicle registered in a jurisdiction where the be required to be registered in one jurisdiction to be registered in vehicle has been registered because of an agreement between another jurisdiction without losing any benefit,exemption or privi- two jurisdictions or a declaration issued by any jurisdiction. lege under the agreement if the vehicle is operated from a base (5)The department shall make any final determination in any located in the other jurisdiction. case of doubt or dispute as to the proper place of registration of a (8) An agreement may allow the lessee or lessor of a vehicle, vehicle, but may confer with departments of other jurisdictions subject to the terms and conditions of the lease to receive affected. benefits,exemptions and privileges under the agreement. (6)A declaration shall not provide for any benefit,exemption or (9)An agreement may authorize the department to suspend or privilege with respect to fuel taxes, use fuel taxes, diesel fuel cancel any exceptions, benefits or privileges granted to any per- taxes,weight mile taxes or other fees or taxes levied or assessed son under the agreement if the person violates any of the terms against the use of highways or use or ownership of vehicles or conditions of the agreement or violates any law or rule of this except registration taxes,fees and requirements. state relating to vehicles. (7)A declaration shall only grant benefits,exemptions or privi- (10)All agreements shall be in writing and filed with the depart- leges that are, in the judgment of the director, in the best interest ment within 10 days after execution or the effective date of the of this state and its citizens,fair and equitable to this state and its agreement,whichever is later. citizens and determined on the basis and with recognition of (11)An agreement may be a limited type agreement with any benefits that accrue to the economy of this state from the state bordering this state as described in this subsection. An uninterrupted flow of commerce. agreement described under this subsection is subject to all of the (8)A declaration may authorize a vehicle that would otherwise following: be required to be registered in one jurisdiction to be registered in (a)The benefits, exemptions and privileges under the agree- another jurisdiction without losing any benefit,exemption or privi- ment shall only be extended to vehicles or a class of vehicles as lege under the declaration if the vehicle is operated from a base specified in the agreement. located in the other jurisdiction. (b)The agreement shall be applicable only within an area in (9) A declaration may allow the lessee or lessor of a vehicle, each state that is situated along the boundary between the states subject to the terms and conditions of the lease,to receive bene- and that is substantially equal in size. fits,exemptions and privileges under the declaration. (c)The usage permitted of the vehicles in the two areas shall (10)A declaration may authorize the department to suspend or be as substantially equal as may be practicable. cancel any exemptions, benefits or privileges granted to any (d) The areas and usage subject to the agreement shall be person under the declaration if the person violates any of the described in the agreement. terms or conditions of the declaration or violates any law or rule (e) Proportional registration shall not be required under the of this state relating to vehicles. agreement. SECTION 59a.ORS 810.530 is amended to read: (f) The agreement shall comply with other mandatory provi- 810.530.(1)A weighmaster or motor carrier enforcement offi- sions of this section and may contain any other provisions cer in whose presence an offense described in this[section]sub- described under this section. section is committed may arrest or issue a citation for the offense (g)A vehicle operating under the agreement may be required in the same manner as under ORS 810.410 as if the weigh- to obtain a permit under ORS 803.610. master or motor carrier enforcement officer were a police officer. (12) An agreement may require the display or submission of This[section]subsection applies to the following offenses: evidence of registration for any vehicle operating under the (a)Violation of maximum weight limits under ORS 818.020. agreement. (b)Violation of posted weight limits under ORS 818.040. SECTION 59.ORS 802.520 is amended to read: (c) Violation of administratively imposed weight or size limits 802.520.The Director of Transportation may examine the laws under ORS 818.060. and requirements of any jurisdiction that issues out-of-state regis- (d)Violation of maximum size limits under ORS 818.090. tration and may grant a privilege or a registration exemption (e) Exceeding maximum number of vehicles in combination described in this section to vehicles or owners of vehicles regis- under ORS 818.110. tered in that jurisdiction.All of the following apply to the authority (f)Violation of posted limits on use of road under ORS 818.130. granted by this section: (g) Violation of towing safety requirements under ORS (1)The director may only grant privileges or registration exemp- 818.160. tions under this section to vehicles that are registered in jurisdic- (h)Operating with sifting or leaking load under ORS 818.300. tions that do not have an agreement with this state for privileges (i)Dragging objects on highway under ORS 818.320. or registration exemptions under ORS 802.500 or 826.005 or an Q)Unlawful use of devices without wheels under ORS 815.155. agreement for proportional registration with this state under ORS (k)Unlawful use of metal objects on tires under ORS 815.160. 826.007. (L)Operation without pneumatic tires under ORS 815.170. (2) All grants of privileges and registration exemptions under (m)Operation in violation of vehicle variance permit under ORS this section shall be by declaration,shall be in writing and shall be 818.340. filed with the Department of Transportation within 10 days after (n) Failure to carry and display permit under ORS 818.350. execution or effective date,whichever is later. (o) Failure to comply with commercial vehicle enforcement (3)A declaration may grant benefits,privileges and exemptions requirements under ORS 818.400. with respect to the operation of commercial or noncommercial (p)Violation of manufactured structure trip permit requirements vehicles in this state of the same type that may be established by under ORS 803.600. 65 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 (q)Violation of any provision of ORS chapter 825 or 826. mum seating capacity including the driver's seat estimated at 170 (r)Operation without proper fenders or mudguards under ORS pounds per seat, exclusive of emergency seats, except that 815.185. transit-type motor vehicles may use 150 pounds per seat in (2).A weighmaster or motor carrier enforcement officer in determining combined weight. In cases where a bus has a seat- whose presence an offense described in this subsection is ing capacity which is not arranged for separate or individual seats, committed by a person operating a commercial motor vehi- 18 lineal inches of such capacity shall be deemed the equivalent cle,or who finds evidence that an offense described in this of a passenger seat. subsection has been committed by such person,may issue a (5)"Department"means the Department of Transportation, citation for the offense.The citation may be accomplished in [(6)"Extreme miles"or"extreme mileage"means the total miles the same manner as under ORS 810.410 as if the weighmas- operated by a vehicle over the public highways, except the extra ter or motor carrier enforcement officer were a police officer, miles necessarily operated in traversing detours or temporary except that the offense need not have been committed in the routes on account of road blockades in the state.] presence of the weighmaster or motor carrier enforcement [(7)](6)"For-hire carrier"means: officer.This subsection applies to the following offenses: (a) Any person who transports persons or property for hire or (a)Failure to register under ORS 803,300. who publicly purports to be willing to transport persons or prop- (b)Failure to pay registration fee under ORS 803.315. erty for hire by motor vehicle;or (c) Failure to submit a declaration of weight under ORS (b)Any person who leases,rents or otherwise provides a motor 803.440. vehicle to the public and who in connection therewith in the regu- (d) Failure to renew vehicle registration under ORS lar course of business provides,procures or arranges for,directly, 803.455. indirectly or by course of dealing,a driver or operator therefor. (e)Failure to carry a registration card under ORS 803.505. [(8)] (7)"Motor vehicle"means any self-propelled vehicle and (f) Failure to display registration plates under ORS any such vehicle in combination with any trailing units, used or 803.540. physically capable of being used upon any public highway in this (g) Improper display of validating stickers under ORS state in the transportation of persons or property,except vehicles 803.560. operating wholly on fixed rails or tracks and electric trolley buses. (h)Failure to carry or display a valid international fuel tax "Motor vehicle"includes overdimension vehicles or vehicles per- agreement license, valid international fuel tax agreement miffed excessive weights pursuant to a special authorization validating decals or a valid trip permit issued under section issued by a city,county or the Department of Transportation. 12 of this 1999 Act. [(9)](8)"Permit"means an authority issued to a carrier under (i)Violation of dyed diesel fuel use requirements imposed ORS 825.102,825.104,825.108,825.106 or 825.127. by section 7 of this 1999 Act. [(10)] (9) "Private carrier" means any person who operates a [(2)] (3) The authority of a weighmaster or motor carrier motor vehicle over the public highways of this state for the pur- enforcement officer to issue citations or arrest under this section pose of transporting persons or property when the transportation is subject to ORS 153.510 to 153.525 and 153.535 to 153.560. is incidental to a primary business enterprise, other than trans- [(3)(a)] (4)(a)A person is a weighmaster for purposes of this portation, in which such person is engaged. section if the person is a county weighmaster or a police officer. [(11) "Privilege taxes" means the weight-mile tax and fees (b) A person is a motor carrier enforcement officer under this prescribed in this chapter.] section if the person is duly authorized as a motor carrier enforce- [(12)](10)"Property"includes, but is not limited to, permanent ment officer by the Department of Transportation. loads such as equipment,appliances,devices,or ballast that are [(4)] (5) A weighmaster or motor carrier enforcement officer attached to,carried on,or made a part of the vehicle and that are may arrest or cite for those offenses described in[subsection(1)] designed to serve some functional purpose. subsections(1)and(2)of this section.A weighmaster or motor [(13)] (11) "Public highway" means every street, alley, road, carrier enforcement officer may accept security in the same man- highway and thoroughfare in this state used by the public or dedi- ner as a police officer under ORS 810.440 and 810.450 and may cated or appropriated to public use. take as security for the offenses,in addition to other security per- [(14)] (12) "Safe for operation" means mechanical safety and mitted under this section,the sum fixed as bail for the offense. compliance with rules regarding equipment and operation as are [(5)] (6) A weighmaster or motor carrier enforcement officer specified by law or by rule of the Department of Transportation. may arrest a person for the offense of failure to appear on a traf- [(15)] (13)"Transit-type motor vehicle"means any passenger- fic offense under ORS 810.360 if the violation is based upon a carrying vehicle that does not have a separate space for trans- citation for any offense described in subsection (1) or(2)of this porting baggage or express. section except those in subsection(1)(p)or(q)of this section. [(16)] (14) "Transporter' has the meaning given that term in [(6)] (7) A weighmaster or motor carrier enforcement officer ORS 466.005. may exercise the same authority as a police officer under ORS SECTION 61.ORS 825.007 is amended to read: 810.490 to enforce vehicle requirements and detain vehicles. A 825.007. (1)The business of operating as a motor carrier of person who fails to comply with the authority of a weighmaster or persons or property for hire upon the highways of this state is motor carrier enforcement officer under this subsection is subject declared to be a business affected with the public interest. It is to penalty under ORS 818.400. hereby declared to be the state transportation policy to do the SECTION 60.ORS 825.005 is amended to read: following: 825.005.As used in this chapter: (a) Promote safe, adequate, economical and efficient service (1)"Carrier"or"motor carrier"means for-hire carrier or private and to promote the conservation of energy. carrier. (b) Promote sound,economic conditions in transportation. (2) "Cartage carrier" means any person who undertakes to (c) Encourage the establishment and maintenance of reason- transport any class of property by motor vehicle for compensation able rates for transportation services, without unjust discrimina- when the transportation is performed wholly within an incorpo- tions, undue preferences or advantages or unfair or destructive rated city or a commercial zone adjacent to an incorporated city. competitive practices. (3)"Certificate"means an authority issued to a for-hire carrier (d) Provide specific state action immunity against all antitrust under ORS 825.110. claims and prosecution in those instances when carriers lawfully (4) "Combined weight"means the weight of the motor vehicle develop,publish and charge rates relating to the transportation of plus the weight of the maximum load which the applicant has persons or household goods and joint line rates relating to the declared such vehicle will carry.Any declared combined weight is transportation of other property and provide services specifically subject to audit and approval by the Department of prescribed and subject to regulation by the Department of Transportation.The combined weight of motor buses or bus trail- Transportation and in those instances when carriers lawfully ers is the light weight of the vehicle plus the weight of the maxi- engage in prior consultation for purposes described in this 66 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 paragraph. sary agents employed in the transportation. (2) The volume of motor carrier traffic presents dangers and (d)Witnesses attending legal investigations in which the carrier hazards on public highways and make it imperative that: is interested. (a) Stringent rules be employed,to the end that the highways (e) Persons injured in wrecks and physicians and nurses may be rendered safe for the use of the general public; attending those persons. (b)The wear of such highways be controlled; (f)Persons providing relief in cases of general epidemic,pesti- (c)A minimum of inconvenience to other users of the highways lence or other emergency. be effected; (g) Persons traveling under commuter, party or excursion (d) A minimum hindrance and stoppage to other users of the passenger tickets, if available to all persons applying under like highways compatible with needs of the public for adequate trans- circumstances or conditions. portation service,be effected; (h) Persons traveling under an exchange of passes between (e)The highways be safeguarded from improper or unneces- for-hire carriers. sary usage; (6)Vehicles being used to transport plants,artificial and natural (f) Operation by irresponsible persons or any other operation flowers and accompanying florist accessories in movements threatening the safety of the public or detrimental to the general originating at retail shops. welfare be prevented; (7)Any vehicle used by a person licensed under ORS 508.235 (g)Congestion of traffic on the highways be minimized; while the person is transporting the person's own,unsold catch of (h)The various transportation agencies of the state be adjusted fish from the point of landing to the first point where fish from the and correlated so that public highways may serve the best inter- catch will be sold,placed in storage or processed in any way. est of the general public;and (8) Vehicles owned or operated by truck leasing companies (i) A method of assessing [privilege] taxes be provided to operated empty over the public highways for the purpose of enable the further construction of highways and to provide for the relocation of equipment.This exemption does not apply to motor operation, preservation and maintenance of highways already vehicles operated empty as a result of or for the purpose of trans- built. porting passengers or property. (3)The legislature hereby declares that to effect the ends and SECTION 63.ORS 825.022 is amended to read: purposes listed in this section,this chapter is adopted. 825.022.The provisions of ORS 825.104, 825.160, 825.450[,] SECTION 62.ORS 825.020 is amended to read: and 825.454[, 825.470, 825.472, 825.474, 825.476, 825.480, 825.020. Except as otherwise provided in this section, this 825.484, 825.488, 825.490, 825.492, 825.494, 825.496 and chapter does not apply to the persons or vehicles described in 825.5151 do not apply to any vehicle or combination of vehicles this section.The provisions of ORS 825.100, 825.137, 825.139, with a combined weight of 26,000 pounds or less. 825.141, 825.160, 825.164, 825.166, 825.168, 825.210 (1) and SECTION 64.ORS 825.137 is amended to read: (3), [825.212,] 825.450[,] and 825.454[, 825.470, 825.472, 825.137.(1)Certificates and permits when issued shall be valid 825.474,825.476,825.480,825.484,825.488,825.490,825.492, until suspended or revoked when the carrier is found by the 825.494,825.496, 825.498,825.504,825.506,825.507,825.508 Department of Transportation to be in violation of this chapter or and 825.515] apply to any of the following vehicles or combina- ORS chapter 818.A variance permit issued under ORS chapter tions of vehicles with a combined weight of more than 26,000 818 shall be valid for the length of time for which it is issued pounds: unless prior to that time the permit is suspended or revoked by the (1) Vehicles being used exclusively in the transportation of Department of Transportation for violation of this chapter or ORS United States mail on a trip basis. chapter 818. (2)Vehicles being used in the transportation of persons for hire, (2)Certificates or permits,or variance permits issued pursuant in vehicles with a seating capacity of more than five persons, to ORS chapter 818 may be suspended or canceled by the within a city and within three air miles of the city.When the three department based upon the department's own motion after notice air mile radius extends into the corporate limits of another city,the and hearing,when the certificate or permit holder: two cities shall be considered as one city for the purposes of this (a)Or agents or employees of the holder have repeatedly vio- subsection.The following apply to this subsection: lated this chapter or other highway or motor laws of this state.In (a)Service may also be provided to or from any area surround- applying this paragraph the department may consider violations ing the area described under this subsection so long as the by agents or employees of the holder that occurred prior to the service does not compete with a carrier granted authority by the time they became agents or employees of the holder, but only if Department of Transportation under this chapter to operate in that the agent or employee has a substantial interest or control, surrounding area. directly or indirectly,in or over the operation of the holder. (b) Any vehicle exempt from the provisions of this chapter (b)Has repeatedly violated or avoided any order or rule of the under this subsection is subject to regulation by the city or cities department. in which it is operated. (c) Is a transporter of persons or household goods and has (3)Vehicles being used for the purpose of transporting persons repeatedly made unlawful rebates or repeatedly underestimated or property in connection with the patrolling of forests for the transportation charges to clients. prevention or fighting of forest fires. (d)Has repeatedly refused or has repeatedly failed,after being (4) Vehicles being used in towing or otherwise transporting requested to do so, to furnish service authorized by certificate. vehicles at the direction of a police officer or in servicing,towing The department in such cases may also, in the discretion of the or transporting wrecked or disabled vehicles,or in towing or trans- department, restrict the certificate to conform with operations porting a replacement vehicle for such wrecked or disabled vehi- conducted. cle if the vehicle: (e) Has not, except for reasons beyond the control of the (a) Is not otherwise used in transporting goods and merchan- holder, transported persons or household goods authorized by dise for compensation;and the certificate for a period exceeding 180 consecutive days imme- (b)In the case of towing,is specially constructed for that use or diately preceding the filing of the complaint in the proceeding.The has a combined weight not exceeding 8,000 pounds. department in these cases may also, in the discretion of the (5)Vehicles being used by a for-hire carrier to transport within department, restrict the certificate to conform with operations this state free or at reduced rates: performed that were required by the public convenience and (a)The carrier's officers, agents or employees, or dependent necessity. members of the families of those individuals, or the personal (f)Has not,except for reasons beyond the control of the holder, effects or household goods of those individuals. transported property or persons authorized by the permit for a (b) Ministers of religions, inmates of hospitals and individuals period exceeding one year immediately preceding the filing of the exclusively engaged in charitable and eleemosynary work. complaint in the proceeding. (c)Indigent,destitute and homeless individuals and the neces- (g) Has refused, or has failed,within the time provided, to file 67 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 the annual report required by ORS 825.320 or has failed or 825.450. (1) Except as otherwise permitted under ORS refused to maintain records required by the department or to pro- 825.454 [and 825.470], the Department of Transportation shall, duce such records for examination within the time set by the with respect to each self-propelled or motor-driven vehicle that is department. not issued an identification device under ORS chapter 826,issue (h) Has failed to appear for hearing after notice that the certifi- an identification plate or marker.The department shall also issue cate or permit is under investigation. a receipt stating therein the combined weight of each self- (i) Has filed with the department an application which is false propelled or motor-driven vehicle and any train or combination of with regard to the ownership, possession or control of the equip- vehicles to be used therewith. ment being used or the operation being conducted. (2) The receipt shall be carried with the motor vehicle at all (3)The department shall not suspend or revoke a certificate or times,and no person shall load any motor vehicle in excess of its permit of a vehicle or person described in ORS 825.020 unless combined weight permit rating thus determined except as varia- the person or vehicle is in violation of this section and ORS tions may necessarily result in passenger loading. A fee of $5 825.139,825.141,825.160,825.164,825.166,825.168, 825.210 shall be paid to the department for each replacement weight (1)and(3), [825.212,]825.450[,]or 825.454[, 825.470, 825.472, receipt issued. 825.474,825.476,825.480,825.484,825.488,825.490,825.492, (3) The identification plate or marker must be fastened or 825.494, 825.496, 825.498, 825.504, 825.506, 825.507, 825.508 placed on the motor vehicle to which it is issued in a manner or 825.515]. prescribed by the department by rule. SECTION 65.ORS 825.139 is amended to read: (4) Identification plates or markers issued under this section 825.139.(1)A certificate or permit is subject to suspension or shall be valid from the first day of any calendar quarter to the last cancellation, if the holder thereof: day of the fourth consecutive calendar quarter.Each carrier may (a)Is delinquent in reporting or paying any fees,taxes or penal- select the calendar quarter in which the period will begin except ties due the Department of Transportation, whether imposed that, if necessary for administrative convenience,the department under this chapter [or], under ORS chapter 826 or under sec- may require a carrier to adopt a starting date chosen by the tions 1 to 41 of this 1999 Act;or department. [(b) Has refused or failed, within the time provided, to file a (5) All vehicles operating under the carrier's authority shall deposit or bond requested under ORS 825.506;or] have the same four-quarter period of plate or marker validity.The [(c)] (b) Fails to comply with the applicable requirements for department may allow a carrier to operate with expired plates or attendance at a motor carrier education program as required by markers for up to one extra quarter if the renewal application has ORS 825.402. been submitted and the required fees have been paid on or before (2)A written 10-day notice of suspension shall be given to the the last day of the period of validity of the plates or markers.The certificate or permit holder and unless a hearing is requested extension of time allowed by this subsection shall be granted only within such time, the certificate or permit shall be deemed sus- if the department determines that the extension is necessary for pended without further notice or hearing until the report,payment, the administrative convenience of the department. bond or deposit is filed with the department or the requirements SECTION 69.ORS 826.005 is amended to read: of ORS 825.402 are met. 826.005. (1)The Department of Transportation may enter into (3) Upon a written 10-day notice by the department, a certifi- agreements with the duly authorized representatives of any juris- cate or permit may be suspended or canceled for any of the rea- diction that issues registration to establish reciprocal privileges or sons set forth in subsection(1)of this section.If the certificate or registration exemptions for vehicles as described in this section. permit is suspended, the filing of the report, payment, bond or An agreement entered into by the department under the authority deposit, or the fulfilling of the requirements of ORS 825.402 will granted by this section may establish exemptions from propor- not reinstate the authority until the suspension period has expired, tional registration fees. except on order of the department. (2) An agreement shall only grant the privileges, benefits and SECTION 66.ORS 825.232 is amended to read: exemptions to a vehicle or the registrant of a vehicle if the vehicle 825.232. (1)The Department of Transportation shall, by gen- is any of the following: eral order or otherwise,prescribe and enforce rules in conformity (a) Registered in the jurisdiction where the person registering with this chapter to better accomplish the enforcement of its pro- the vehicle has a legal residence. visions,which shall cover and include for-hire carriers and private (b)A commercial vehicle registered in a jurisdiction where the carriers and their operations. commercial enterprise in which the vehicle is used has a place,of (2)The department may make such subdivisions of the carri- business. To qualify under this paragraph, the vehicle must be ers, as classified in this chapter, as in the opinion of the depart- assigned to the place of business and the place of business must ment may work to the efficient administration of this chapter be the place from which or in which the vehicle is most frequently and shall do all things necessary to carry out and enforce its dispatched,garaged,serviced,maintained,operated or otherwise provisions. controlled. (3) All rules made by the department pursuant to this chapter (c)A commercial vehicle registered in a jurisdiction where the and filed in the office of the department have the force and effect vehicle has been registered because of an agreement between of law. two jurisdictions or a declaration issued by any jurisdiction. (4) This section does not restrict the powers of the county (3) An agreement shall retain the right of the department to courts or boards of county commissioners under existing laws make the final determination as to the proper place of registration and amendments thereof. of a vehicle when there is a dispute or doubt concerning the (5)Without restricting the general powers conferred upon the proper place of registration. An agreement shall retain the department to prescribe and enforce rules, the department is right of the department to confer with the departments of other vested with special authority with respect to the matters listed in jurisdictions affected when making a determination under this ORS 825.204[,]and 825.210[and 825.2121. subsection. SECTION 67.ORS 825.354 is amended to read: (4)An agreement shall not provide for any benefit, exemption 825.354. The Department of Transportation may appoint or privilege with respect to fuel taxes, use fuel taxes,diesel fuel agents [to issue temporary passes provided in ORS 825.470(2) taxes, weight mile taxes or any other fees or taxes levied or and] to collect any fees and taxes required by this chapter.The assessed against the use of highways or use or ownership of department shall prescribe the duties and compensation of such vehicles except registration taxes,fees and requirements. agents and may require them to give bonds or irrevocable letters (5) An agreement must provide that any vehicle registered in of credit issued by an insured institution, as defined in ORS this state will receive a similar kind or degree of exemptions, 706.008,in such amount as the department determines appropri- benefits and privileges when operated in another jurisdiction that ate,conditioned upon the faithful performance of their duties. is party to the agreement as vehicles registered in the other juris- SECTION 68.ORS 825.450 is amended to read: diction receive when operated in this state. 68 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 (6)An agreement, in the judgment of the department,shall be (a)Registered by this state; in the best interest of this state and its citizens, shall be fair and (b)Operating in this state under any vehicle permit that allows equitable to this state and its citizens and shall be determined on operation of an unregistered vehicle;or the basis and recognition of benefits that accrue to the economy (c)Legally operated in this state under an exemption provided of this state from the uninterrupted flow of commerce. under ORS 803.305. (7)An agreement may authorize a vehicle that would otherwise (6)Nothing in an agreement shall affect the right of the depart- be required to be registered in one jurisdiction to be registered in ment to adopt rules as described in this subsection.The depart- another jurisdiction without losing any benefit,exemption or privi- ment may adopt any rules the department deems necessary to lege under the agreement if the vehicle is operated from a base effectuate and administer the provisions of the agreement. located in the other jurisdiction. (7)An agreement shall only provide for proportional registration (8)An agreement may allow the lessee or lessor of a vehicle, of vehicles if the vehicle is any of the following: subject to the terms and conditions of the lease,to receive bene- (a) Registered in the jurisdiction where the person registering fits,exemptions and privileges under the agreement. the vehicle has a legal residence. (9)An agreement may authorize the department to suspend or (b) Registered in a jurisdiction where the commercial enter- cancel any exceptions, benefits or privileges granted to any per- prise in which the vehicle is used has a place of business where son under the agreement if the person violates any of the terms the vehicle has been assigned and from which or in which the or conditions of the agreement or violates any law or rule of this vehicle is most frequently dispatched, garaged, serviced, main- state relating to vehicles. tained,operated or otherwise controlled. (10)All agreements shall be in writing and filed with the depart- (c) Registered in a jurisdiction where the vehicle has been ment within 10 days after execution or the effective date of the registered because of an agreement between two jurisdictions or agreement,whichever is later. a declaration issued by any jurisdiction. (11) An agreement may be a limited type agreement with any (8) An agreement shall retain the right of the department to state bordering this state as described in this subsection. An make the final determination as to the proper place of registration agreement described under this subsection is subject to all of the of a vehicle when there is a dispute or doubt concerning the following: proper place of registration. An agreement shall retain the right (a)The benefits, exemptions and privileges under the agree- of the department to confer with the departments of other ment shall only be extended to vehicles or a class of vehicles as jurisdictions affected when making a determination under this specified in the agreement. subsection. (b)The agreement shall be applicable only within an area in (9)An agreement may provide that the department may deny each state that is situated along the boundary between the states any person further benefits under the agreement until all fees or and that is substantially equal in size. taxes have been paid if the department determines that the per- (c)The usage permitted of the vehicles in the two areas shall son should have proportionally registered more vehicles in this be as substantially equal as may be practicable. state or paid additional fees or taxes on vehicles proportionally (d) The areas and usage subject to the agreement shall be registered in this state. described in the agreement. (10) An agreement may provide for arrangements with agen- (e) Proportional registration shall not be required under the cies of this state or other jurisdictions for joint audits of registrants agreement. of proportionally registered vehicles and for the exchange of (f) The agreement shall comply with other mandatory provi- audit information on persons who have proportionally registered sions of this section and may contain any other provisions vehicles. described under this section. (11) An agreement may authorize a vehicle that would other- (g) A vehicle operating under the agreement may be required wise be required to be registered in one jurisdiction to be regis- tp obtain a permit under ORS 803.610. tered in another jurisdiction without losing any benefits under the (12) An agreement may require the display or submission of agreement if the vehicle is operated from a base located in the evidence of registration for any vehicle operating under the other jurisdiction. agreement. (12)An agreement may allow the lessee or lessor of a vehicle, SECTION 70.ORS 826.007 is amended to read: subject to the terms and conditions of the lease,to receive bene- 826.007. The Department of Transportation may enter into fits of proportional registration under the agreement. agreements with the duly authorized representatives of any (13) An agreement may authorize the department to suspend jurisdiction that issues out-of-state registration to provide for or cancel any benefits under the agreement if the person violates proportional registration of vehicles and for the apportionment of any of the terms or conditions of the agreement or violates any registration fees and other fixed fees and taxes on vehicles pro- law or rule of this state relating to vehicles. portionally registered in this state and the other jurisdiction.All of (14)All agreements shall be in writing and shall be filed with the the following apply to an agreement established under authority department within 10 days after execution or the effective date of granted by this section: the agreement,whichever is later. (1) An agreement may provide proportional registration only (15)Vehicles that are proportionally registered under an agree- for commercial vehicles that are engaged in interjurisdictional ment,whether individually or in a fleet,are fully registered in this commerce or combined interjurisdictional and intrajurisdictional state for purposes of ORS 803.300 and any other portion of the commerce. vehicle code and are accorded the same privileges and duties as (2) An agreement may provide for proportional registration for other vehicles registered in this state even though the vehicle may vehicles individually or in fleets but must comply with the require- have primary registration in some other jurisdiction.This subsec- ments for proportional registration under ORS 826.009 for all pro- tion does not grant authority required for intrastate movement portionally registered vehicles and with the requirements under where such authority is required under ORS chapter 825. Such ORS 826.011 for all proportionally registered fleets. authority must be granted in accordance with ORS chapter 825. (3)An agreement may include provisions necessary to facilitate (16) An agreement may only provide the benefits of propor- the administration of proportional registration. tional registration to a vehicle that is registered either proportion- (4)Any apportionment of registration fees and other fixed vehi- ally or otherwise in at least one other jurisdiction in addition to this cle fees or taxes may be made on a basis commensurate with and one. determined on the miles traveled on and use made of the high- (17) Nothing in an agreement shall affect the right of the ways of this state as compared with the miles traveled on and use department to act under this subsection. The department may made of other jurisdictions' highways, or may be made on any refuse to issue proportional registration in this state for vehicles other equitable basis of apportionment. from jurisdictions that do not grant similar privileges for vehicles (5) No agreement shall contain any provision that requires a from this state. vehicle to be proportionally registered if the vehicle is: (18)An agreement shall not provide for any benefit,exemption 69 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 LLMeasure No. 82 or privilege with respect to fuel taxes, use fuel taxes,diesel fuel (5) A penalty charge in the amount of 10 percent of the taxes, weight mile taxes or any other fees or taxes levied or net assessment due shall be imposed on additional fuel assessed against the use of highways or use or ownership of tax assessments resulting from International Fuel Tax vehicles except registration taxes,fees and requirements. Agreement assessment audits. (19)An agreement may control the requirements for type,man- (6) The department shall give to the person concerned ner of display,number and other provisions relating to registration written notice of any additional assessment. plates,registration cards or other proof of registration for vehicles (7)The department shall refund to any person the amount that are subject to the agreement. of any overpayment caused by any incorrect report. SECTION 71.ORS 826.031 is amended to read: (8) Whenever the department has made an assessment 826.031.(1)A motor carrier as defined in ORS 825.005 that pursuant to this section that has become final pursuant to is the owner of a vehicle that[is subject to the tax imposed under section 74 of this 1999 Act,the department may not reopen ORS 825.474] weighs 26,001 pounds or more and that is not or reassess such taxes, interest or penalties unless the registered under the proportional registration provisions of this department is satisfied that the taxpayer fraudulently or with chapter and is not registered in any other jurisdiction shall regis- intent to evade taxation destroyed,concealed or withheld any ter the vehicle with the Department of Transportation if the vehicle books,accounts,papers,records or memoranda required to is to be operated in this state.Registration under this section is in be maintained by the taxpayer pursuant to this chapter,ORS lieu of registration under ORS chapter 803. chapter 826 or the rules of the department. (2)The department shall determine the form of application for SECTION 74.(1)Any person against whom an assessment registration and renewal of registration and may require any infor- is made under section 73 of this 1999 Act may petition the mation that it determines necessary to facilitate the registration Department of Transportation for a reassessment within 30 process. days after service upon the person of notice.If a petition is (3) A vehicle registered under this section is subject to the not filed within the 30-day period,the assessment becomes insurance requirements of ORS 825.160 and not to the financial final and further appeal is waived.If a petition for reassess- responsibility requirements of ORS chapter 806. Certification of ment is filed within the 30-day period,the department shall compliance with financial responsibility requirements as specified reconsider the assessment and,if the person has requested in ORS 803.460 is not required for renewal of registration of a a hearing in the petition,shall grant such person a hearing vehicle under this section. and give the person 10 days'notice of the time and place of (4)A vehicle registered under this section shall be deemed to the hearing.The department may continue the hearing from be fully registered in this state for any type of movement or oper- time to time as may be necessary.The decision of the depart- ation, except that in those instances in which a grant of authority ment upon a petition for reassessment shall become final 30 is required for intrastate movement or operation, no such vehicle days after service of notice of the decision upon the person shall be operated in intrastate commerce in this state unless the concerned. owner thereof has been granted intrastate authority or right by the (2)The department may waive or reduce the late payment department and unless the vehicle is being operated in conformity charge,penalty and interest amounts under section 73 of this with such authority and rights. 1999 Act on such terms as the department considers proper (5) A vehicle may be registered under this section prior to a if request for waiver or reduction is filed within 30 days after certificate of title being issued for the vehicle but nothing in this service of notice of assessment upon the person concerned, section affects any requirement that a certificate of title be issued. or as part of the pleas made in the department's reconsider- SECTION 72.Sections 73 and 74 of this 1999 Act are added ation of the assessment. Consideration of waiver or reduc- to and made a part of ORS chapter 825. tion of late payment,penalty and interest charges on audits SECTION 73.(1)Whenever practicable,and in any event no completed pursuant to the International Fuel Tax Agreement later than three years after any report of taxes or fees is filed or the International Registration Plan is contingent on In accordance with this chapter, ORS chapter 826, the authority granted by the appropriate agreement. International Registration Plan or the International Fuel Tax (3)Every assessment made by the department under sec- Agreement,the Department of Transportation shall audit the tion 73 of this 1999 Act becomes due and payable at the time report if the department deems such audit practicable.If the it becomes final.If the assessment is not paid to the depart- department is not satisfied with the report filed or the ment when due and payable, there shall be added to the amount of taxes or fees paid to the state by any person,the assessment a penalty of 10 percent of the amount of the tax department may,not later than four years after the report was or,in the case of registration fees,of the Oregon registration filed or the taxes or fees were paid,make a proposed assess- fees due. ment of additional taxes or fees due from such person based (4)If any person who has requested a hearing pursuant to upon any information available to the department.A late pay- this section fails to withdraw the petition for reassessment at ment charge shall be added to each registration assessment, least five days before the date of the hearing and fails to in a sum equal to 10 percent of the amount of additional appear at the scheduled hearing,the department may require Oregon taxes or fees due. such person to pay a charge of$150 in addition to any other (2) Every additional assessment under subsection (1) of fees,taxes and charges that may be imposed. this section shall bear interest at the rate of one percent per (5)A petition for reassessment under subsection(1)of this month, or fraction thereof, from the last day of the month section or a request for waiver or reduction under sub- following the close of the month for which the additional section (2) of this section is considered filed upon receipt assessment is imposed until paid. of the petition or request in the office designated by the (3) If the additional Oregon registration assessment department. imposed exceeds by at least five percent but not more than SECTION 75.ORS 825.500 is amended to read: 15 percent the amount of registration fees reported or paid,a 825.500.(1) Interest and penalties for delinquent payments of penalty of five percent of the amount of the additional road use assessment fees payable pursuant to the provisions of assessment shall be added thereto in addition to the 10 per- ORS 818.225 and of single-trip nondivisible load permits shall be cent late payment charge provided in subsection (1)of this calculated in the same manner that interest and penalties are cal- section. culated for registration fees under[ORS 825.490 and 825.494] (4) If the additional Oregon registration assessment section 73 of this 1999 Act. imposed exceeds by more than 15 percent the amount of (2) An audit conducted by the Department of Transportation registration fees reported or paid,a penalty of 20 percent of pursuant to its authority under this chapter may include an exam- the amount of the additional assessment shall be added ination of records of the carrier pertaining to the road use thereto in addition to the 10 percent late payment charge pro- assessment fee imposed under ORS 818.225.If the audit shows vided in subsection(1)of this section. that movement by a carrier exceeds the mileage authorized by a 70 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 single-trip nondivisible load permit, the department shall deter- son who has written permission from the carrier, may inspect mine the amount of the road use assessment fee that is due.The information described in subsection(1)of this section. department shall collect the amount due and may impose any (3)The department, upon request or as required by law, shall penalties or additional assessments authorized by this chapter for disclose information from the records described in subsection (1) delinquent payment of taxes. of this section to a government agency for use in carrying out its SECTION 76.ORS 825.504 is amended to read: governmental functions. 825.504.(1)If any tax,or fee in lieu of tax,reported due,or any SECTION 79. (1) Upon the request of the Department of final assessment made by the Department of Transportation Transportation,the Department of State Police shall furnish under[ORS 825.490,825.494 and 825.496]section 73 or 74 of to the authorized staff of the Department of Transportation this 1999 Act, including any penalties or charges therein any information about an applicant for a license under sec- imposed, or any final penalty imposed under ORS 825.950, tion 13 of this 1999 Act that the Department of State Police 825.955 or 825.960, is not paid in full,the department may issue may have in its possession from its central bureau of crimi- a warrant under the department's official seal directed to the nal identification, including but not limited to manual or sheriff of any county of the state commanding the sheriff to levy computerized criminal offender information. upon and sell the real and personal property of the taxpayer found (2)(a) If the background investigation conducted under within that county, for payment of the amount thereof, with the subsection(1)of this section does not disclose any activity added penalties or charges,interest and the cost of executing the that would disqualify an applicant from becoming a diesel warrant,and to return such warrant to the department and pay to fuel licensee pursuant to section 15 of this 1999 Act, the the department the money collected by virtue thereof by a time to Department of State Police shall conduct nationwide criminal be specified therein, not less than 60 days from the date of the records checks of the applicant through the Federal Bureau warrant. of Investigation by use of the applicant's fingerprints and (2) The sheriff shall, within five days after the receipt of the shall report the results to the authorized staff of the warrant, record with the clerk of the county a copy thereof, and Department of Transportation, who must be specifically thereupon the clerk shall enter in the County Clerk Lien Record authorized to receive the information. the name of the taxpayer mentioned in the warrant, and the (b)The Federal Bureau of Investigation shall return the amount of the tax or portion thereof and penalties or charges for fingerprint cards used to conduct the criminal records which the warrant is issued and the date when such copy is checks and shall not keep any record of the fingerprints. recorded.Thereupon the amount of the warrant so recorded shall However,if the policy of the Federal Bureau of Investigation become a lien upon the title to and interest in property of the authorizing return of the fingerprint cards is changed, the taxpayer against whom it is issued in the same manner as a Department of State Police shall cease to send the cards to judgment duly docketed. the Federal Bureau of Investigation but shall continue to (3)The sheriff thereupon shall proceed upon the same in all process the information through other available resources. respects,with like effect and in the same manner prescribed by (c)When the Federal Bureau of Investigation returns the law in respect to executions issued against property upon judg- fingerprint cards to the Department of State Police, the ment of a court of record, and shall be entitled to the same fees Department of State Police shall maintain the fingerprint for services in executing the warrant,to be added to and collected cards in its files. as a part of the warrant liability. (3)For purposes of requesting and receiving the informa- (4)In the discretion of the Department of Transportation,a war- tion and data described in subsections (1) and (2) of this rant of like terms,force and effect to levy upon funds of the tax- section, the Department of Transportation is a designated payer in possession of the Department of Revenue may be issued agency for purposes of ORS 181.010 to 181.560 and 181.715 and directed to any agent authorized by the Department of to 181.730. Transportation to collect taxes payable under this chapter, and in SECTION 80.(1)All'diesel fuel held by a person required to the execution thereof the agent shall have all of the powers con- be licensed under section 11 of this 1999 Act on the opera- ferred by law upon sheriffs but is entitled to no fee or compensa- tive date of section 2 of this 1999 Act on which no tax has tion in excess of actual expenses paid in the performance of such been paid shall be subject to a one-time inventory tax. duty. Persons subject to the inventory tax shall: (5) The procedures authorized by this section may also be (a)Take an inventory of all undyed diesel fuel in their pos- used for collection of any fees and penalties imposed on persons session to determine the number of gallons held in storage registering vehicles under ORS chapter 826. on the operative date of section 2 of this 1999 Act; SECTION 77.ORS 825.515 is amended to read: (b) File a report with the Department of Transportation 825.515.[(1)] Every[for-hire carrier and private] motor carrier showing the number of gallons held in storage;and shall keep daily records[, upon forms prescribed by the (c)Pay a tax not more than 30 days after the inventory date Department of Transportation,] of all vehicles used [during the based upon the number of gallons held in storage multiplied current month]. by the tax rate specified in section 2 of this 1999 Act. [(2)On or before the last day of the month following,except as (2) In determining the amount of tax due under this sec- otherwise permitted under ORS 825.492, they shall certify to the tion,an amount may be excluded that represents the level of department, upon forms prescribed therefor, the true and correct undyed diesel fuel that cannot be pumped out of the tank summaries of their daily records which shall show the extreme because the fuel is below the mouth of the draw pipe.For this miles traveled in this state during the preceding month, the purpose,200 gallons may be deducted for storage tanks with amount of fuel tax paid to the state during the preceding month, a capacity of 10,000 gallons or less and 400 gallons may be and such other information as the department may require.] deducted for tanks with a capacity exceeding 10,000 gallons. [(3)]The daily records shall be kept on file in the office of the SECTION 81.The Department of Transportation shall fore- motor carrier and thereafter preserved [until written permission cast the amount of revenue that will be generated by the tax for their destruction is given by the department]for four years. rate established by section 2 of this 1999 Act and the regis- SECTION 78.ORS 825.517 is amended to read: tration fees established by the amendments to ORS 803.420 825.517. (1) The following are not public records unless the (10)by section 45 of this 1999 Act for the period July 1,2000, public interest requires disclosure in the particular instance: to January 1,2001.If actual revenues from the tax and regis- (a) Reports from motor carriers required to be filed with the tration fees for the period July 1,2000,to January 1,2001,are Department of Transportation in connection with the imposition or more than five percent higher or lower than the amount fore- collection of any tax or fee. cast,then notwithstanding ORS 171.132,the Governor shall (b) Information collected by the department from a motor' submit a proposal to the Legislative Assembly by March 1, carrier for the purpose of conducting a tax or fee audit. 2001,to adjust the tax rate or registration fees or both.The (2)A motor carrier to whom the information pertains,or a per- purpose of the adjustment shall be to assure that vehicles 71 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82- Measure No. 82 weighing more than 26,000 pounds are paying their appro- addition to the taxes otherwise provided for by law, every dealer priate share of highway costs as determined by the highway engaging in the dealer's own name, or in the name of others, in cost responsibility study. the first sale, use or distribution of motor vehicle fuel or aircraft SECTION 82. Section 81 of this 1999 Act is repealed on fuel or withdrawal of motor vehicle fuel or aircraft fuel for sale,use December 1,2001. or distribution within areas in this state within which the state lacks SECTION 83. (1) Once every two years, the Office of the power to tax the sale, use or distribution of motor vehicle fuel Economic Analysis of the Oregon Department of or aircraft fuel,shall: Administrative Services shall conduct either a full highway (a) Not later than the 25th day of each calendar month, render cost responsibility study or an examination of data collected a statement to the Department of Transportation of all motor vehi- since the previous study.The purposes of the study or exam- cle fuel or aircraft fuel sold, used,distributed or so withdrawn by ination of data shall be to determine the proportionate share the dealer in the State of Oregon as well as all such fuel sold, that each class of road user should pay for the costs of main- used or distributed in this state by a purchaser thereof upon which tenance,operation and improvement of highways,roads and sale, use or distribution the dealer has assumed liability for the streets in the state, and whether each class is paying that applicable license tax during the preceding calendar month. share.A report on the results of the study or examination of (b)Except as provided in ORS 319.270,pay a license tax Com- data shall be submitted to the legislative revenue committees puted on the basis of[24]26 cents per gallon on the first sale,use and the legislative committees with primary responsibility for or distribution of such motor vehicle fuel or aircraft fuel so sold, transportation by January 31 of each odd-numbered year. used,distributed or withdrawn as shown by such statement in the (2)The report shall include recommended adjustments to manner and within the time provided in ORS 319.010 to 319.430. the fees in ORS 803.420(10)that are needed in order to main- (2)When aircraft fuel is sold, used or distributed by a dealer, tain cost responsibility. If the study or examination of data the license tax shall be computed on the basis of three cents indicates that the heavy vehicle share has been underpaid per gallon of fuel so sold, used or distributed, except that when since the last report, the recommended adjustments shall aircraft fuel usable in aircraft operated by turbine engines(turbo- include recovery of the amount of the underpayment.If the prop or jet)is sold, used or distributed,the tax rate shall be one- study or examination of data indicates that the heavy vehicle half of one cent per gallon. share has been overpaid, the recommended adjustments (3) In lieu of claiming refund of the tax paid on motor vehicle shall include credit for the amount of the overpayment. fuel consumed by such dealer in nonhighway use as provided in (3) Based on the report, the Legislative Assembly shall ORS 319.280, 319.290 and 319.320, or of any prior erroneous enact adjustments to the fee schedule in ORS 803.420(10)if payment of license tax made to the state by such dealer, the the report indicates that adjustments are necessary to main- dealer may show such motor vehicle fuel as a credit or deduction tain cost responsibility. If the Legislative Assembly has not on the monthly statement and payment of tax. enacted adjustments by June 1 of an odd-numbered year,the (4) The license tax computed on the basis of the sale, use, Governor is authorized and directed to order implementation distribution or withdrawal of motor vehicle or aircraft fuel shall not of any fee adjustments recommended in the report by June be imposed wherever such tax is prohibited by the Constitution or 30 of the odd-numbered year. Fee adjustments ordered by laws of the United States with respect to such tax. the Governor shall take effect on January 1 of the next even- SECTION 90.On January 1,2000,ORS 319.020,as amended numbered year. by section 89 of this 1999 Act,is amended to read: (4) For purposes of this section,the two classes of road 319.020.(1)Subject to subsections(2)to(4)of this section, in users are light vehicles and heavy vehicles. Light vehicles addition to the taxes otherwise provided for by law, every dealer are vehicles with a gross weight of 26,000 pounds or less, engaging in the dealer's own name, or in the name of others, in and heavy vehicles are trucks and other vehicles with a the first sale, use or distribution of motor vehicle fuel or aircraft gross weight of 26,001 pounds or more. fuel or withdrawal of motor vehicle fuel or aircraft fuel for sale,use SECTION 83a.The first highway cost responsibility study or distribution within areas in this state within which the state lacks required by section 83 of this 1999 Act shall be completed by the power to tax the sale, use or distribution of motor vehicle fuel January 31,2003. or aircraft fuel,shall: SECTION 84. Section 85 of this 1999 Act is added to and (a)Not later than the 25th day of each calendar month, render made a part of ORS chapter 825. a statement to the Department of Transportation of all motor vehi- SECTION 85. No governmental body in Oregon may cle fuel or aircraft fuel sold, used, distributed or so withdrawn by require a commercial motor vehicle or the operator of a the dealer in the State of Oregon as well as all such fuel sold, commercial motor vehicle to be equipped with or to use an used or distributed in this state by a purchaser thereof upon which electronic device that is intended to identity the location of sale, use or distribution the dealer has assumed liability for the the vehicle. applicable license tax during the preceding calendar month. SECTION 86. (1) Notwithstanding the repeal of ORS (b)Except as provided in ORS 319.270,pay a license tax com- 825.490,825.494 and 825.496 by section 87 of this 1999 Act, puted on the basis of[26j 29 cents per gallon on the first sale,use the Department of Transportation may follow the provisions or distribution of such motor vehicle fuel or aircraft fuel so sold, of ORS 825.490 (1997 Edition), 825.494 (1997 Edition) and used,distributed or withdrawn as shown by such statement in the 825.496 (1997 Edition) for the purpose of auditing carriers manner and within the time provided in ORS 319.010 to 319.430. and collecting taxes, interest, penalties and other liabilities (2)When aircraft fuel is sold, used or distributed by a dealer, due to the department that have accrued prior to the opera- the license tax shall be computed on the basis of three cents per tive date of section 87 of this 1999 Act. gallon of fuel so sold, used or distributed, except that when air- (2)This section is repealed on December 31,2003. craft fuel usable in aircraft operated by turbine engines (turbo- SECTION 87. ORS 803.108, 825.212, 825.470, 825.472, prop or jet) is sold, used or distributed, the tax rate shall be 825.474,825.476,825.480,825.482,825.484,825.486,825.488, one-half of one cent per gallon. 825.490,825.492,825.494,825.496,825.502,825.506,825.507 (3) In lieu of claiming refund of the tax paid on motor vehicle and 825.550 are repealed. fuel consumed by such dealer in nonhighway use as provided in SECTION 88.Sections 1 to 41,46,47,72 to 74 and 79 to 86 ORS 319.280, 319.290 and 319.320, or of any prior erroneous of this 1999 Act,the amendments to statutes by sections 43 payment of license tax made to the state by such dealer, the to 45,48 to 71 and 75 to 78 of this 1999 Act and the repeal of dealer may show such motor vehicle fuel as a credit or deduction statutes by section 87 of this 1999 Act become operative on on the monthly statement and payment of tax. July 1,2000. (4) The license tax computed on the basis of the sale, use, SECTION 89.On November 1,1999,ORS 319.020 is amended 'distribution or withdrawal of motor vehicle or aircraft fuel shall not to read: be imposed wherever such tax is prohibited by the Constitution or 319.020.(1)Subject to subsections(2)to(4)of this section, in laws of the United States with respect to such tax. 72 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82 SECTION 91.On November 1,1999,ORS 319.530 is amended 46,001 to 48,000 62.5 to read: 48,001 to 50,000 64.5 319.530.(1)To compensate this state partially for the use of its 50,001 to 52,000 670 highways, an excise tax hereby is imposed at the rate of[24]26 52,001 to 54,000 69.5 cents per gallon on the use of fuel in a motor vehicle. Except as 54,001 to 56,000 72.0 otherwise provided in subsections(2)and(3)of this section, 100 56,001 to 58,000 75.0 cubic feet of fuel used or sold in a gaseous state, measured at 58,001 to 60,000 78.5 14.73 pounds per square inch of pressure at 60 degrees 60,001 to 62,000 82.5 Fahrenheit,is taxable at the same rate as a gallon of liquid fuel. 62,001 to 64,000 87.0 (2)One hundred twenty cubic feet of compressed natural gas 64,001 to 66,000 92.0 used or sold in a gaseous state, measured at 14.73 pounds per 66,001 to 68,000 98.5 square inch of pressure at 60 degrees Fahrenheit, is taxable at 68,001 to 70,000 105.5 the same rate as a gallon of liquid fuel. 70,001 to 72,000 112.5 (3) One and three-tenths liquid gallons of propane at 60 72,001 to 74,000 119.0 degrees Fahrenheit is taxable at the same rate as a gallon of 74,001 to 76,000 125.0 other liquid fuel. 76,001 to 78,000 131.0 SECTION 92.On January 1,2000,.ORS 319.530,as amended 78,001 to 80,000 136.5 by section 91 of this 1999 Act, is amended to read: [ ] 319.530.(1)To compensate this state partially for the use of its AXLE-WEIGHT MILEAGE highways, an excise tax hereby is imposed at the rate of[26]29 TAX RATE TABLE`B" cents per gallon on the use of fuel in a motor vehicle.Except as Declared Combined Number of Axles otherwise provided in subsections(2)and(3)of this section, 100 Weight Groups 5 6 7 8 9 or cubic feet of fuel used or sold in a gaseous state, measured at (Pounds) (Mills) more 14.73 pounds per square inch of pressure at 60 degrees 80,001 to 82,000 141.0 129.0 120.5 114.5 108.0 Fahrenheit,is taxable at the same rate as a gallon of liquid fuel. 82,001 to 84,000 145.5 131.0 122.5 116.0 109.5 (2) One hundred twenty cubic feet of compressed natural gas 84,001 to 86,000 150.0 134.0 124.5 117.5 111.0 used or sold in a gaseous state, measured at 14.73 pounds per 86,001 to 88,000 155.0 137.0 126.5 119.5 112.5 square inch of pressure at 60 degrees Fahrenheit,is taxable at 88,001 to 90,000 161.0 140.5 128.5 121.5 114.5 the same rate as a gallon of liquid fuel. 90,001 to 92,000 168.0 144.5 130.5 123.5 116.5 (3) One and three-tenths liquid gallons of propane at 60 92,001 to 94,000 175.5 148.5 132.5 125.5 118.0 degrees Fahrenheit is taxable at the same rate as a gallon of 94,001 to 96,000 183.5 153.0 135.0 127.5 120.0 other liquid fuel. 96,001 to 98,000 192.0 158.5 138.0 129.5 122.0 SECTION 93.ORS 818.225 is amended to read: 98,001 to 100,000 164.5 141.0 132.0 124.0 818.225. (1)(a) In addition to any fee for a single-trip non- 100,001 to 102,000 144.0 135.0 126.0 divisible load permit, a person who is issued the permit or who 102,001 to 104,000 147.0 138.0 128.5 operates a vehicle in a manner that requires the permit is liable for 104,001 to 105,500 151.0 141.0 131.0 payment of a road use assessment fee of [five and two-tenths [ ] cents per equivalent single-axle load mile traveled.As used in this subsection, `equivalent single-axle load"means the relationship MILEAGE TAX RATE TABLE"A" between actual or requested weight and an 18,000 pound single- Declared Combined Fee Rates axle load as determined by the American Association of State Weight Groups Per Mile Highway and Transportation Officials Road Tests reported at (pounds) (Mills) the Proceedings Conference of 1962. The Department of 26,001 to 28,000 43.4 Transportation may adopt rules to standardize the determination 28,001 to 30,000 46.0 of equivalent single-axle load computation based on average 30,001 to 32,000 48.1 highway conditions.]$3 per ton over 98,000 pounds. 32,001 to 34,000 50.2 (b) If the road use assessment fee is not collected at the time 34,001 to 36,000 52.3 of issuance of the permit,the Department of Transportation shall 36,001 to 38,000 54.9 bill the permittee for the amount due.The account shall be con- 38,001 to 409000 57.0 sidered delinquent if not paid within 60 days of billing. 40,001 to 42,000 59.1 [(c) The miles of travel authorized by a single-trip nondivisible 42,001 to 44,000 61.2 load permit shall be exempt from taxation under ORS chapter 44,001 to 46,000 63.3 825'] (2)The department by rule may establish procedures for pay- 46,001 to 48,000 65.4 48,001 to 50,000 67.5 ment, collection and enforcement of the fees and assessments established by this chapter. 50,001 to 52,000 70.1 52,001 to 54,000 72.1 SECTION 94.ORS 825.476 is amended to read: 54,001 to 56,000 75.3 825.476. 56,001 to 58,000 78.5 [ ] 58,001 to 60,000 82.1 MILEAGE TAX RATE TABLE A" 60,001 to 62,000 86.3 Declared Combined Fee Rates 62,001 to 64,000 91.0 Weight Groups Per Mile 64,001 to 665000 96.3 (Pounds) (Mills) 66,001 to 68,000 103.1 26,001 to 28,000 41.5 68,001 to 70,000 110.4 28,001 to 30,000 44.0 70,001 to 729000 117.7 30,001 to 32,000 46.0 72,001 to 74,000 124.5 32,001 to 34,000 48.0 74,001 to 76,000 130.8 34,001 to 36,000 50.0 76,001 to 78,000 137.1 36,001 to 38,000 52.5 785001 to 805000 142.8 38,001 to 40,000 54.5 40,001 to 42,000 56.5 42,001 to 44,000 58.5 44,001 to 46,000 60.5 73 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82 AXLE-WEIGHT MILEAGE two dollars and forty cents] $23.19 for each 100 pounds of TAX RATE TABLE"B" declared combined weight. Declared Combined Number of Axles (b) Any carrier electing to pay under this method may, as to Weight Groups 5 6 7 8 9 or vehicles otherwise exempt from taxation,elect to be taxed on the (Pounds) (Mills) more mileage basis for movement of such empty vehicles over public 80,001 to 82,000 147.5 135.0 126.1 119.8 113.0 highways whenever operations are for the purpose of repair, 82,001 to 84,000 152.3 137.1 128.2 121.4 114.6 maintenance, service or moving from one exempt highway 84,001 to 86,000 157.0 140.2 130.3 123.0 116.2 operation to another. 86,001 to 88,000 162.2 143.4 132.4 125.0 117.7 NOTE: Section 96 was deleted by amendment. Subsequent 885001 to 90,000 168.5 147.0 134.5 127.1 119.8 sections were not renumbered. 90,001 to 92,000 175.8 151.2 136.6 129.2 121.9 SECTION 97.Notwithstanding ORS 366.524,from the oper- 92,001 to 94,000 183.6 155.4 138.7 131.3 123.5 ative date of the amendments to ORS 319.020 and 319.530 by 94,001 to 96,000 192.0 160.1 141.3 133.4 125.6 sections 89 and 91 of this 1999 Act,through December 31, 96,001 to 98,000 200.9 165.9 144.4 135.5 127.7 1999, the increase in taxes by the amendments to ORS 98,001 to 100,000 172.1 147.5 138.1 129.8 319.020 and 319.530 by sections 89 and 91 of this 1999 Act 100,001 to 102,000 150.7 141.3 131.8 shall be allocated to the Department of Transportation to be 102,001 to 104,000 153.8 144.4 134.5 used for preservation of highways. 104,001 to 105,500 158.0 147.5 137.1 SECTION 98. On January 1,2000, ORS 366.524 is amended to read: SECTION 95.ORS 825.480 is amended to read: 366.524. The taxes collected under ORS 319.020, 319.530, 825.480. (1)(a) In lieu of other fees provided in ORS 825.474, 803.420, 818.225, 825.476 and 825.480 shall be allocated as carriers engaged in operating motor vehicles in the transportation provided in subsections(1)to(4)of this section: of logs,poles,peeler cores or piling may pay annual fees for such (1) 82.2324 percent shall be allocated 24.38 percent to operation computed at the rate of[five dollars and fifty-five cents] counties under ORS 366.525 and 15.57 percent to cities under $5.69 for each 100 pounds of declared combined weight. ORS 366.800. (b)Any carrier electing to pay fees under this method may, as (2)8.1898 percent shall be allocated as follows: to vehicles otherwise exempt from taxation, elect to be taxed on (a) $3 million shall be transferred to the Eastern Oregon the mileage basis for movements of such empty vehicles over Federal Forest Safety Net Account established by section public highways whenever operations are for the purpose of 103 of this 1999 Act and$3 million shall be transferred to the repair, maintenance, servicing or moving from one exempt high- Disaster Relief Account established by section 108a of this way operation to another. 1999 Act. (2)The annual fees provided in subsections(1),[(4)and(5)](3) (b) $1 million shall be transferred to the account estab- and(4)of this section may be paid on a monthly basis.Any car- lished under ORS 366.805. rier electing to pay fees under this method may not change an (c) $750,000 shall be transferred to the account estab- election during the same calendar year in which the election is lished under ORS 366.541. made, but may be relieved from the payment due for any month (d)The remainder shall be allocated 60 percent to counties on a motor vehicle which is not operated.A carrier electing to pay under ORS 366.525 and 40 percent to cities under ORS fees under this method shall report and pay these fees on or 366.800. before the 10th of each month for the preceding month's opera- (3)6.4770 percent shall be allocated to state highway pro- tions. A monthly report shall be made on all vehicles on the grams,including payment of the principal and interest on the annual fee basis including any vehicle not operated for the month. bonds described in ORS 367.625. [(3)(a)In lieu of the fees provided in ORS 825.470 to 825.474, (4)3.1008 percent shall be allocated to the Department of motor vehicles described in ORS 825.024 with a combined weight Transportation for modernization, maintenance and preser- of less than 46,000 pounds that are being operated under a per- vation. mit issued under ORS 825.102 may pay annual fees for such ,SECTION 98a.On July 1,2000,ORS 366.524,as amended by operation computed at the rate of four dollars and fifty-five cents section 98 of this 1999 Act, is amended to read: for each 100 pounds of declared combined weight.] 366.524. The taxes collected under ORS 319.020, 319.530, [(b)The annual fees provided in this subsection shall be paid in 803.420, 818.225[, 825.476 and 825.480]and section 2 of this advance but may be paid on a monthly basis on or before the first 1999 Act shall be allocated as provided in subsections(1)to(4) day of the month.A carrier may be relieved from the fees due for of this section: any month during which the motor vehicle is not operated for hire (1) 82.2324 percent shall be allocated 24.38 percent to if a statement to that effect is filed with the Department of counties under ORS 366.525 and 15.57 percent to cities under Transportation on or before the fifth day of the first month for ORS 366.800. which relief is sought.] (2)8.1898 percent shall be allocated as follows: [(4)(a)] (3)(a) In lieu of other fees provided in ORS 825.474, (a) $3 million shall be transferred to the Eastern Oregon carriers engaged in the operation of motor vehicles equipped with Federal Forest Safety Net Account established by section 103 of dump bodies and used in the transportation of sand,gravel,rock, this 1999 Act and $3 million shall be transferred to the Disaster dirt, debris, cinders, asphaltic concrete mix, metallic ores and Relief Account established by section 108a of this 1999 Act. concentrates or raw nonmetallic products, whether crushed or (b) $1 million shall be transferred to the account established otherwise, moving from mines, pits or quarries may pay annual under ORS 366.805. fees for such operation computed at the rate of [five dollars and (c) $750,000 shall be transferred to the account established fifty cents] $5.69 for each 100 pounds of declared combined under ORS 366.541. weight. (d) The remainder shall be allocated 60 percent to counties (b)Any carrier electing to pay fees under this method may, as under ORS 366.525 and 40 percent to cities under ORS 366.800. to vehicles otherwise exempt for taxation,elect to be taxed on the (3) 6.4770 percent shall be allocated to state highway pro- mileage basis for movements of such empty vehicles over public grams, including payment of the principal and interest on the highways whenever operations are for the purpose of repair, bonds described in ORS 367.625. maintenance, servicing or moving from one exempt highway (4) 3.1008 percent shall be allocated to the Department of operation to another. Transportation for modernization, maintenance and preservation. [(5)(a)] (4)(a) In lieu of other fees provided in ORS 825.474, NOTE: Sections 99 through 101 were deleted by amendment. carriers engaged in operating motor vehicles in the transportation Subsequent sections were not renumbered. of wood chips, sawdust, barkdust, hog fuel or shavings may pay SECTION 102.ORS 803.420 is amended to read: annual fees for such operation computed at the rate of [twenty- 803.420.This section establishes registration fees for vehicles. 74 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82 If there is uncertainty as to the classification of a vehicle for pur- 44,001 to 46,000 185 poses of the payment of registration fees under the vehicle code, 46,001. to 48,000 190 the Department of Transportation may classify the vehicle to 48,001 to 50,000 200 [assure]ensure that registration fees for the vehicle are the same 50,001 to 52,000 210 as for vehicles the department determines to be comparable.The 52,001 to 54,000 215 registration fees for the vehicle shall be those based on the classi- 54,001 to 56,000 220 fication determined by the department.The fees described in this 56,001 to 58,000 230 section are for an entire registration period for the vehicle as 58,001 to 60,000 240 described under ORS 803.415, unless the vehicle is registered 60,001 to 62,000 250 quarterly.The department shall apportion any fee under this sec- 62,001 to 64,000 260 tion to reflect the number of quarters registered for a vehicle reg- 64,001 to 66,000 265 istered for a quarterly registration period under ORS 803.415.The 66,001 to 68,000 275 fees are payable when a vehicle is registered and upon renewal 68,001 to 70,000 280 of registration. Except as provided in ORS 801.041 (3) and 70,001 to 72,000 290 801.042(7),the fee shall be increased by any amount established 72,001 to 74,000 295 by the governing body of a county or by the governing body of a 74,001 to 76,000 305 district, as defined in ORS 801.237 under ORS 801.041 or 76,001 to 78,000 310 801.042 as an additional registration fee for the vehicle.The fees 78,001 to 80,000 320 for registration of vehicles are as follows: 80,001 to 82,000 325 (1)Vehicles not otherwise provided for in this section or ORS 82,001 to 84,000 335 820.580 or 821.320,[$30]$40. 84,001 to 86,000 340 (2)Mopeds,$9. 86,001 to 88,000 350 (3)Motorcycles,$9. 88,001 to 90,000 355 (4) Government-owned vehicles registered under ORS 90,001 to 92,000 365 805.040,$2. 92,001 to 94,000 370 (5)State-owned vehicles registered under ORS 805.045,$2 on 94,001 to 96,000 380 registration or renewal. 96,001 to 98,000 385 (6)Undercover vehicles registered under ORS 805.060,$2 on 98,001 to 100,000 390 registration or renewal. 100,001 to 102,000 400 (7)Antique vehicles registered under ORS 805.010,$30. 102,001 to 104,000 405 (8)Vehicles of special interest registered under ORS 805.020, 104,001 to 105,500 415 $45. (9) Electric vehicles as follows: (11)(a) Motor vehicles with a registration weight of more than (a) The registration fee for an electric vehicle not otherwise 8,000 pounds that are described in ORS 825.015,that are oper- described in this subsection is$60. ated by a charitable organization as described in ORS 825.017 (b) The registration fee for electric vehicles that have two or (15),that are certified under ORS 822,205 or that are used exclu- three wheels is $30.This paragraph does not apply to electric sively to transport manufactured structures, as provided in the mopeds.Electric mopeds are subject to the same registration fee following chart: as otherwise provided for mopeds under this section. (c)The registration fees for the following electric vehicles are Weight in Pounds Fee the same as for comparable nonelectric vehicles described in this 8,001 to 10,000 $ 50 section plus 50 percent of such fee: 10,001 to 12,000 60 (A)Motor homes. 12,001 to 14,000 65 (B)Commercial buses. 14,001 to 16,000 75 (C)Vehicles registered as farm vehicles under ORS 805.300. 16,001 to 18,000 80 (D) Vehicles required to establish registration weight under 18,001 to 20,000 90 ORS 803.430 or 826.013. 20,001 to 22,000 95 (10) Motor vehicles required to establish a registration weight 22,001 to 24,000 105 under ORS 803.430 or 826.013, and commercial buses as pro- 24,001 to 26,000 110 vided in the following chart, based upon the weight submitted in 26,001 to 28,000 120 the declaration of weight prepared under ORS 803.435 or 28,001 to 30,000 125 826.015: 30,001 to 32,000 135 32,001 to 34,000 140 Weight in Pounds Fee 34,001 to 36,000 150 8,000 or less $ [15] 20 36,001 to 38,000 155 8,001 to 10,000 [110] 75 38,001 to 40,000 165 10,001 to 12,000 [125] 135 40,001 to 42,000 170 12,001 to 14,000 [140] 160 42,001 to 44,000 180 14,001 to 16,000 [155] 230 44,001 to 46,000 185 16,001 to 18,000 [170] 230 46,001 to 48,000 190 18,001 to 20,000 [190] 230 48,001 to 50,000 200 20,001 to 22,000 [205] 230 50,001 to 52,000 210 22,001 to 24,000 [225] 230 52,001 to 54,000 215 24,001 to 26,000 [245] 230 54,001 to 56,000 220 26,001 to 28,000 120 56,001 to 58,000 230 28,001 to 30,000 125 58,001 to 60,000 240 30,001 to 32,000 135 60,001 to 62,000 250 32,001 to 34,000 140 62,001 to 64,000 260 34,001 to 36,000 150 64,001 to 66,000 265 36,001 to 38,000 155 66,001 to 68,000 275 38,001 to 40,000 165 68,001 to 70,000 280 40,001 to 42,000 170 70,001 to 72,000 290 42,001 to 44,000 180 72,001 to 74,000 295 75 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82 74,001 to 76,000 305 805.300 is as follows based upon the registration weight given in 76,001 to 78,000 310 the declaration of weight submitted under ORS 803.435: 78,001 to 80,000 320 80,001 to 82,000 325 Weight in Pounds Fee 82,001 to 84,000 335 8,000 or less $ [15] 20 84,001 to 86,000 340 8,001 to 10,000 30 86,001 to 88,000 350 10,001 to 12,000 35 88,001 to 90,000 355 12,001 to 14,000 45 90,001 to 92,000 365 14,001 to 16,000 50 92,001 to 94,000 370 16,001 to 18,000 60 94,001 to 96,000 380 18,001 to 20,000 65 96,001 to 98,000 385 20,001 to 22,000 75 98,001 to 100,000 390 22,001 to 24,000 80 100,001 to 102,000 400 24,001 to 26,000 90 102,001 to 104,000 405 26,001 to 28,000 95 104,001 to 105,500 415 28,001 to 30,000 105 30,001 to 32,000 110 (b)The owner of a vehicle described in paragraph (a) of this 32,001 to 34,000 120 subsection must certify at the time of initial registration,in a man- 34,001 to 36,000 125 ner determined by the department by rule,that the motor vehicle 36,001 to 38;000 135 will be used exclusively to transport manufactured structures or 38,001 to 40,000 140 exclusively as described in ORS 822.210, 825.015 or 825.017 40,001 to 42,000 150 (15). Registration of a vehicle described in paragraph (a) of this 42,001 to 44,000 155 subsection is invalid if the vehicle is operated in any manner other 44,001 to 46,000 165 than that described in the certification under this paragraph. 46,001 to 48,000 170 (12)Trailers registered under permanent registration,$10. 48,001 to 50,000 180 (13) Fixed load vehicles as follows: 50,001 to 52,000 185 (a) If a declaration of weight described under ORS 803.435 is 52,001 to 54,000 190 submitted establishing the weight of the vehicle at 3,000 pounds 54,001 to 56,000 200 or less,$30. 56,001 to 58,000 210 (b)If no declaration of weight is submitted or if the weight of the 58,001 to 60,000 215 vehicle is in excess of 3,000 pounds,$75. 60,001 to 62,000 220 (14) Trailers for hire that are equipped with pneumatic tires 62,001 to 64,000 230 made of an elastic material and that are not travel trailers,manu- 64,001 to 66,000 240 fectured structures or trailers registered under permanent regis- 66,001 to 68,000 245 tration,$15. 68,001 to 70,000 250 (15)Trailers registered as part of a fleet under an agreement 70,001 to 72,000 260 reached pursuant to ORS 802.500, the same as the fee for 72,001 to 74,000 265 vehicles of the same type registered under other provisions of the 74,001 to 76,000 275 Oregon Vehicle Code. 76,001 to 78,000 280 (16) Travel trailers, campers and motor homes as follows, 78,001 to 80,000 290 based on length as determined under ORS 803.425: 80,001 to 82,000 295 (a)For travel trailers or campers that are 6 to 10 feet in length, 82,001 to 84,000 305 $54. 84,001 to 86,000 310 (b)For travel trailers or campers over 10 feet in length,$54 plus 86,001 to 88,000 320 $4.50 a foot for each foot of length over the first 10 feet. 88,001 to 90,000 325 (c) For motor homes over 10 feet in length, $84 plus$5 a foot 90,001 to 92,000 335 for each foot of length over the first 10 feet. 92,001 to 94,000 340 (17) Special use trailers as follows, based on length as deter- 94,001 to 96,000 350 mined under ORS 803.425: 96,001 to 98,000 355 (a) For lengths 6 to 10 feet,$30. 98,001 to 100,000 365 (b)For special use trailers over 10 feet in length,$30 plus$3 a 100,001 to 102,000 370 foot for each foot of length over the first 10 feet. 102,001 to 104,000 380 (18)Fees for vehicles with proportional registration under ORS 104,001 to 105,500 385 826.009, or proportioned fleet registration under ORS 826.011, are as provided for vehicles of the same type under this section (24)The registration fee for school vehicles registered under except that the fees shall be fixed on an apportioned basis as pro- ORS 805.050 is$7.50. vided under the agreement established under ORS 826.007. SECTION 103. (1) The Eastern Oregon Federal Forest (19) For any vehicle that is registered under a quarterly regis- Safety Net Account is established as an account in the State tration period,a minimum of$15 for each quarter registered plus Highway Fund.Moneys shall be transferred to the account as an additional fee of$1. provided in ORS 366.524(2)(a): (20) In addition to any other fees charged for registration of (2) Each year an amount of up to $3 million from the vehicles in fleets under ORS 805.120, the department may account shall be allocated to counties described in sub. charge the following fees: section (3) of this section by a formula developed by the (a)A$2 service charge for each vehicle entered into a fleet. Department of Transportation by agreement with the (b)A$1 service charge for each vehicle in the fleet at the time Association of Oregon Counties. of renewal. (3) Any county lying east of the crest of the Cascade (21)The registration fee for vehicles with special registration for Mountains is eligible for allocations of moneys from the disabled veterans under ORS 805.100 is a fee of$15. account established in subsection (1) of this section, pro- (22) The registration fee for manufactured structures is as vided that the county received federal funds in 1996 from one provided in ORS 820.580. of the following national forests: (23) Subject to subsection (19) of this section,the registration (a)Fremont. fee for motor vehicles registered_as farm vehicles under ORS (b)Malheur. 76 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82 (c)Ochoco. or bridges. (d)Umatilla. (4)All moneys in the account established under subsec- (e)Wallowa. tion(1)of this section shall be allocated each year. (f)Whitman. SECTION 106.ORS 366.790 is amended to read: SECTION 104. (1) Notwithstanding ORS 801.041, 203.055 366.790. (1) Money paid to cities under ORS 366.785 to or any provision of a county charter,a county may impose a 366.820 shall be used only for the purposes stated in sections 3 registration fee of$10 per year for any vehicle registered in and 3a, Article IX of the Oregon Constitution and the statutes the county,upon an affirmative vote of a majority of the com- enacted pursuant thereto including ORS 366.514. missioners of the county. Moneys collected under this sec- (2)Moneys paid to cities under ORS 366.524(2)(d)shall be tion shall be used for maintenance, preservation and mod- used only for road and bridge modernization, maintenance ernization of roads and bridges.This subsection applies only and preservation. to vehicles registered under ORS 803.420(1). [(2)] (3) Cities 'receiving moneys under ORS 366.785 to (2) A registration fee imposed by subsection (1) of this 366.820 shall report during each Legislative Assembly the expen- section shall be collected by the Department of ditures of those moneys in each of the following areas: Transportation if the department receives notice by January (a)Maintenance; 1, 2000, from the county commissioners indicating that a (b)Public improvements as defined in ORS 279.011;and majority of them have voted to impose the fee,and shall be (c)Administration. allocated to the county from which the fee was collected. SECTION 107.ORS 367.620 is amended to read: (3)A county for which the department collects registration 367.620. (1) Except as provided in subsection (2) of this fees under this section shall convene a meeting with the section, the principal amount of Highway User Tax Bonds department and with cities in the county to agree on the issued under ORS 367.615 shall [not exceed in the aggregate distribution of moneys collected for the county under this principal sum$134 million]be subject to the provisions of ORS section. 286.505 to 286.545. (4) Multnomah County shall spend a majority of moneys (2)During the period ending June 30,2001,Highway User collected for the county under this section on the county's Tax Bonds may be issued under ORS 367.615 for the pur- Willamette River bridges. poses described in ORS 367.625 in an aggregate principal SECTION 105.ORS 366.542 is amended to read: amount sufficient to produce net proceeds of not more than 366.542. (1) Moneys paid to counties under ORS 366.524 to $600 million.The provisions of ORS 286.505 to 286.545 do not 366.540 shall be used only for the purposes stated in sections 3 apply to bonds described in this subsection. and 3a, Article IX of the Oregon Constitution, and the statutes SECTION 108.ORS 367.625 is amended to read: enacted pursuant thereto including ORS 366.514. 367.625.[(1)Bonds may be issued under ORS 367.615 only to (2)Moneys paid to counties under ORS 366.524(2)(d)shall the extent that bonding authority is available under ORS 367.226, be used only for road and bridge modernization, mainte- 367.555 and 367.700. Proceeds from bonds may be used for nance and preservation. loans to cities and counties under ORS 367.655 only to the extent [(2)] (3) Counties receiving moneys under ORS 366.524 to that authority is available under ORS 367.700.] 366.540 shall report during each Legislative Assembly the expen- [(2) To the extent that bonds are issued under ORS 367.615, ditures of those moneys in each of the following areas: the limits on bonding authority under ORS 367.226, 367.555 and (a)Maintenance; 367.700 are reduced in the following manner.] (b) Public improvements as defined in ORS 279.011;and [(a)First, the limit on authority under ORS 367.555 is reduced (c)Administration. until exhausted.] SECTION 105a.ORS 366.541 is amended to read: [(b)Next,the limit on authority under ORS 367.226 is reduced.] 366.541.(1)Not later than January 5 in each calendar year,the [(c)If the proceeds from bonds are used for loans to cities and sum of$500,000 shall be withdrawn from the appropriation speci- counties under ORS 367.655, the limit on authority under ORS fied in ORS 366.525,and the sum of$250,000 shall be withdrawn 367.700 is reduced.] from moneys available to the Department of Transportation from (1)Highway User Tax Bonds described in this section may the State Highway Fund.The sums withdrawn shall be set up in a be issued only to finance road and bridge modernization and separate account to be administered by the Department of safety projects,to fund bond reserves,to pay debt service on Transportation.Moneys from the account shall be allocated first to the bonds and to pay costs related to the bonds. For pur- the county road fund of the county whose federal and state dedi- poses of ORS 366.514,the revenues from bonds described in cated resources per equivalent road mile are the lowest in the this section may not be considered funds received by the state until that county reaches the equivalent road mile rate of the Department of Transportation from the State Highway Fund. next lowest county.At that time, moneys in the account shall be The Department of Transportation shall develop a list of proj- allocated to the two lowest counties until they reach the equiva- ects to be funded with revenues from bonds described in this lent road mile rate of the next lowest county. The allocation section.All projects on the list shall first have been approved shall continue in this manner until all moneys in the account are by the Oregon Transportation Commission for inclusion in allocated. the Statewide Transportation Improvement Program. The (2) Moneys allocated as provided in this section may be used department shall give added consideration to projects that only for maintenance,repair and improvement of existing roads. leverage local or private funds or that will generate toll (3)As used in this section: revenues. (a)"Equivalent road miles"means the total miles of arterial and (2)The department shall present a report to the Emergency collector roads in each county,as determined by the Department Board no later than February 1,2000,that includes the list of of Transportation, including bridges on county roads converted to projects described in subsection(1)of this section that have road miles on a basis that 4,000 square feet of bridge surface been approved by the Oregon Transportation Commission equals one equivalent road mile. and a list of projects that were considered for inclusion in the (b) "Federal and state dedicated resources"means all county list but were not included. road fund resources that are dedicated by federal or state law for (3)Upon receipt of the report required by subsection(2)of county road purposes, as determined by the Department of this section,the Emergency Board may authorize expendi- Transportation, including but not limited to amounts allocated to ture of moneys necessary for issuance of the bonds each county annually under the federal-aid highway program described in this section. authorized under chapter 1, Title 23, United States Code, but (4) After the initial report, the department shall report to excluding the highway bridge replacement and forest highway the Emergency Board at least quarterly,updating the status programs, and including federal and state grants-in-aid or of the projects on the list.When the Legislative Assembly is portions of grants-in-aid specifically earmarked for county roads meeting in regular session, the quarterly report shall be to 7 7 CONTINUED Official 2000 Primary Election Voters'Pamphlet-Statewide Measures Measure No. 82 Measure No. 82 the Joint Ways and Means Committee instead of to the (1)(a)The references in section 81 of this 1999 Act to: Emergency Board. (A) July 1, 2000, shall be considered to be references to (5)The department and the State Treasurer shall structure March 1,2001. the Highway User Tax Bonds described in this section so that (B)January 1,2001,shall be considered to be references the principal and interest on the bonds can be paid from rev- to September 1,2001. enues that are estimated to be available under ORS 366.524 (b)The reference in section 81 of this 1999 Act to March 1, (3). 2001, shall be considered to be a reference to February 1, SECTION 108a. (1)The Disaster Relief Account is estab- 2003. lished as an account in the State Highway Fund. Moneys (2) The reference in section 82 of this 1999 Act to shall be transferred to the account as provided in ORS December 1, 2001, shall be considered a reference to 366.524(2)(a). December 1,2003. (2)Each year an amount of$3 million shall be deposited in (3) The reference in section 86 of this 1999 Act to the account for disaster relief for roads and bridges damaged December 31, 2003, shall be considered a reference to by severe natural disasters. The interest earned on the December 31,2005. account shall accrue to the account. The Department of (4) The reference in section 97 of this 1999 Act to Transportation,the Association of Oregon Counties and the December 31, 1999, shall be considered a reference to League of Oregon Cities shall establish guidelines for the August 31,2000. use and distribution of the moneys in the account for repairs (5)The reference in section 104 of this 1999 Act to January to roads and bridges damaged by severe natural disasters. 1, 2000, shall be considered a reference to September 1, Moneys in the account may be used to match available 2000. federal disaster relief funds. (6)The reference in ORS 367.725,as amended by section SECTION 109.Sections 103,104,108a,110 and 111 of this 108 of this 1999 Act,to February 1,2000,shall be considered 1999 Act and the amendments to ORS 366.541, 366.542, a reference to October 1,2000. 366.790, 367.620, 367.625, 803.420, 818.225, 825.476 and 825.480 by sections 93 to 95,102 and 105 to 108 of this 1999 NOTE: Boldfaced type indicates new language; [brackets and Act become operative January 1,2000. italic]type indicates deletions or comments. SECTION 110. Revenues described in section 3a (1), Article IX of the Oregon Constitution,that are generated by taxes or excises imposed by the state shall be generated in a manner that ensures that the share of revenues paid for the use of light vehicles, including cars, and the share of rev- enues paid for the use of heavy vehicles,including trucks,is fair and proportionate to the costs incurred for the highway system because of each class of vehicle. The Legislative Assembly shall provide for biennial review and, if neces- sary,adjustment of revenue sources to ensure fairness and proportionality. SECTION 111. (1) As used in this section, "gas station" includes a filling station,service station,garage or any other place where gasoline is sold for use in motor vehicles. (2)The owner or operator of a gas station shall post,in a manner visible to customers,the following information: (a)The amount of the price per gallon that is federal tax; (b)The amount of the price per gallon that is state tax; (c)The amount of the price per gallon that is local tax;and (d)The total amount of federal, state and local taxes per gallon. (3) The Department of Transportation shall furnish the information described in subsection (2) of this section to each gas station in the state. SECTION 112. If this 1999 Act is referred to the people by petition under section 1 (3)(b), Article IV of the Oregon Constitution,and becomes law: (1)Sections of this 1999 Act that would have become oper- ative 90 days from the end of the 1999 regular session, absent the referral,shall become operative.30 days after the day on which this 1999 Act is approved by a majority of votes cast at the election. (2)Sections of this 1999 Act that would have become oper- ative on November 1,1999,absent the referral,shall become operative on July 1,2000. (3)Sections of this 1999 Act that would have become oper- ative on January 1, 2000, absent the referral, shall become operative on September 1,2000. (4)Sections of this 1999 Act that would have become oper- ative on July 1,2000,absent the referral,shall become oper- ative on March 1,2001. (5)Sections of this 1999 Act that would have become oper- ative on January 1, 2002, absent the referral, shall become operative on January 1,2004. SECTION 113. If this 1999 Act is referred to the people by petition under section 1 (3)(b), Article IV of the Oregon Constitution,and becomes law: 78 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 EXPLANATORY STATEMENT ARGUMENT IN FAVOR Ballot Measure 82 increases the tax on gasoline by five cents: AAA's big lie from 24 cents to 29 cents per gallon. Registration fees for cars, The Valley Times, February 10,2000 vans and light trucks are increased from$30 to$40 for every two- (Edited for brevity) year period. Counties have the option to add an additional $20 registration fee.Two cents of the five-cent gasoline tax increase You likely have heard advertisements from AAA opposing would commence on July 1, 2000.The remaining three cents of Measure 82. The advertisement is full of lies and a lack of the gasoline tax increase would commence on September 1, accountability.Oregonians deserve better from AAA. 2000. The implication is that Measure 82 shifts the burden (for funding The measure also changes taxes on heavy vehicles. Under road repairs and improvements)unfairly onto motorists.It doesn't. current law,vehicles with a declared weight of more than 26,000 In fact, a constitutional amendment approved in November pounds pay the weight mile tax which charges those vehicles a protects against that happening.AAA knows that. It just doesn't rate based on the weight of the vehicle and the miles it travels tell you that in its misleading ad. within Oregon.Ballot Measure 82 repeals the weight mile tax and replaces it with a diesel fuel tax of 29 cents per gallon.In addition, A state legislative analysis shows that even with the passage of the ballot measure increases registration fees on most heavy Measure 82, motorists and truckers would continue to pay their vehicles.The ballot measure requires that the share of revenues respective fair share of building and maintaining roads. generated by taxes on heavy vehicles(generally,trucks)and the AAA says that it has served its members well for decades.We share generated by taxes on light vehicles(generally,cars)be fair agree. But why not now? In its advertisement, AAA makes no and proportional to the costs to the highway system incurred attempt to tell Oregonians why they are being asked to approve a because of each class(heavy or light)of vehicle.This is currently gas tax increase. The implication is that the trucking industry required by the Oregon Constitution. brought the measure to the ballot.That's plain wrong. As required by the Oregon Constitution,revenues produced by The reason voters are being asked to approve a gas tax increase Measure 82 are dedicated to maintenance, preservation and is that road construction, safety and maintenance needs outstrip modernization of state,city and county roads and bridges.In addi- available funding by a 4-1 margin.AAA also doesn't tell you that tion,the measure authorizes the Department of Transportation to Republican and Democratic legislators agree that it's time to re- issue Highway User Tax Bonds, up to $600 million in value, for invest in our roads. capital projects to be repaid by a portion of the gasoline tax increase.Revenues generated by Measure 82 will be distributed If AAA really cared about serving Oregonians–and not just its as follows: political interests–it would tell you what's good about the gas tax for Oregon's roads. It would talk about the safety of Oregon Three cents of the five cent gas tax increase plus the propor- motorists. And it would speak to the state's economy and the tionate increase in truck taxes will be directed to cities and importance of moving freight. It would talk about the gas tax's counties to fund preservation and maintenance of local roads benefits and its costs.And why both motorists and truckers should and bridges. pay something to get something. One cent of the five cent gas tax increase plus the proportion- But that would mean providing leadership for the good of Oregon, ate increase in truck taxes will be dedicated to preservation and and it would mean telling the truth. maintenance of state highways and bridges. The Westside Economic Alliance and One cent of the five cent gas tax increase and the auto regis- Association for Portland Progress tration fee increase plus the proportionate increase in truck agree with the Valley Times.You deserve the truth. taxes will be used to pay the principal and interest on up to VOTE YES ON 82! $600 million in bonds authorized by Measure 82 to finance road and bridge modernization and safety projects. (This information furnished by Betty Atteberry, Westside Economic Ballot Measure 82 also establishes a system for licensing Alliance;Robert A.DeGraff,Association for Portland Progress.) diesel fuel distributors,suppliers and others,and for collecting the diesel fuel tax.The ballot measure restricts public access to cer- tain Oregon Department of Transportation records and prohibits state government from requiring heavy vehicles to be equipped with transponders. Committee Members: Appointed by: John D.Porter Chief Petitioners Bill Sizemore Chief Petitioners Senator Lenn Hannon Secretary of State Representative Ken Strobeck Secretary of State Senator Joan Dukes Members of the Committee (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) (This space purchased for$500 in accordance with ORS 251.255.) 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. 79 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR AAA MEMBERS FOR YES ON 82! Oregon's Paramedics Urge You to Vote YES on 82 As representatives of AAA members who support better, safer The toughest duty we face as paramedics is responding to traffic roads and less congestion,we urge you to vote YES on 82. accidents. Seeing people hurt or killed is a horrible experience. We are shocked and embarrassed by the shameful campaign Most accidents involve human mistakes, but some happen being waged by our association. We urged AAA Executive because the roads themselves have become dangerous. Director Roger Graybeal(he is OUR executive director serving at Some roads lack climbing lanes for slower moving trucks,which the pleasure of the AAA MEMBERS,isn't he?)and his minions to prompts other drivers to tempt fate by passing into oncoming STOP their campaign of lies and deceit,but we failed. traffic when they shouldn't. AAA is too caught up in anti-road improvement politics to under- Some intersections make it almost impossible to turn left, stand that its actions hurt every Oregonian.They have chosen to prompting drivers to dart into traffic after they grow impatient with use hundreds of thousands of their members' dollars (OUR waiting. money!!!) in an effort to defeat this fair proposal and have based And we're all aware that many city, county and state roads are their campaign on attempting to mislead folks like you and me. rutted after years of wear and neglect. Show AAA that you aren't so easily fooled.Vote YES on 82! We need safer,better roads, Measure 82 increases investment in our roads and bridges to so we're asking you to join us in voting address Oregon's worst"blood alleys,"where dozens of lives are YES on Measure 82. lost every year.It specifically targets dangerous intersections and Measure 82 funds a$600 million list of specific projects through- bottlenecks throughout Oregon to improve safety, relieve conges- out Oregon that add climbing lanes,improve dangerous intersec- tion and improve traffic flow. tions and enhance the state's road and bridge maintenance It earmarks$61.5 million each year for Oregon's cities and coun- efforts. ties to address safety, congestion and maintenance issues on Because many trouble spots are at the local level, the Measure local streets.Every city and every county will get a proportionate includes$61.5 million more per year to cities and counties to help share. them catch up on maintenance and preservation of local roads. And Measure 82 is fair. It increases taxes on cars and commer- And it includes $3 million a year for emergency repairs to cial trucks alike.Measure 82 makes truckers pay road taxes at the weather-damaged roads and bridges. pump and it creates a weight-based registration fee to ensure Oregonians are proud of our quality of life.Deteriorating,danger- heavy trucks pay their fair share. ous roads put every Oregonian at risk.For just$3.75 per month, The most it would cost the average car owner is$3.75 per month or$45 per year from the average car owner,Measure 82 provides or$45 per year.The official state estimate is that truckers will pay dollars for safety projects,especially in corridors and at intersec- $245 million more over the next 6 years if Measure 82 passes tions where accidents and fatalities are high. than they will if it fails. PLEASE VOTE YES ON 82. Measure 82 buys better,safer roads and less congestion.Exactly the type of cause AAA should embrace. (This information furnished by Mark Taylor,Paramedics For Yes On 82.) That's why AAA members urge you to vote YES on 82! (This information furnished by Teresa D.Miller,Chris Campbell,Jacqueline Zimmer,Mike Card,Frank Moore,AAA Members For Yes on 82;Cynthia R. Catto,AAA Member Since 1984.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 80 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Oregon Newspaper Editors Look at Measure 82 SENIORS URGE YOU TO SUPPORT MEASURE 821 "A state legislative analysis shows that motorists and truckers When you vote YES on Measure 82, you say YES to special would continue to pay their respective fair share of building and budgets for senior and disabled transit statewide. maintaining roads:" Valley Times,February 10,2000 You also give the green light to projects that will save lives and relieve congestion throughout the state. "Medford residents should speak forcefully in favor of the highway project list and the gas tax that would pay for it: In one Oregon community, students have to walk along U.S.95 ' Medford Mail Tribune,January 18,2000 every day just to get lunch–and they don't even have a sidewalk. The Jordan Valley school system in Malheur County lacks "If (AAA) succeeds in killing the gas tax increase, Oregon cafeteria facilities, so students bravely hike and bike along the motorists will suffer the results...forced to navigate ever-more highway every day. crowded,more dangerous roads:" Measure 82 invests$2.5 million immediately to install curbs The Oregonian,January 16,2000 and sidewalks to protect these children and resurfaces U.S. "The governor called the gas tax increase a 'decade-overdue 95 to make driving safer. investment in our roads and highway systems:Amen" Eugene Register-Guard,January 10,2000 Put yourself in the shoes of parents in that community. imagine your children in harm's way every day.Then consider Measure 82 "Without the new tax,this kind of shortfall will force us to continue –a solution. watching our roads deteriorate" Measure 82's projects save lives by investing$600 million to fund Bend Bulletin,December 18, 1999 58 specific projects throughout Oregon. "For Oregon businesses, there's too much to lose if AAA and In the Portland metropolitan area, Measure 82 will widen Sizemore succeed in persuading voters to defeat the transporta- tion Sunset Highway and Highway 217, extend Milwaukie package:' Expressway across 1-205,improve Columbia/Killingsworth con- nection to 1-205, reconstruct Naito Parkway, improve Sandy "An extra nickel a gallon for gasoline seems like a painless Boulevard, resurface McLoughlin Boulevard and add turning enough way to begin addressing our transportation needs. lanes on US 26 near Mt.Hood. Daily Astorian,October 11, 1999 In Lane County, Measure 82 will add a passing lane and truck "Dismantling the transportation package would put Oregon turnout on Highway 126 to Florence, rebuild the Coburg exit exactly where it has been the past eight years–without funding interchange on 1-5 and upgrade 99W from Garfield to to solve transportation problems: Roosevelt in Eugene. Salem Statesman Journal,October 1, 1999 In Deschutes County, Measure 82 will construct the Redmond "Drivers are sure to encounter potholes and ruts in the road. truck route,improve US 97 with an interchange in Sunriver,and That's why it's distressing that AAA is pushing ahead with its a rail overcrossing at Wickiup Junction, widen Highway 126 in initiative:' Redmond, and widen portions of US 20 in Bend and near Springfield News,September 11, 1999 Sisters. "Raising the state's gas tax could have tangible benefits for every Chances are a project in your county also is on the priority list. Oregonian who drives or rides in a car." $61.5 million per year from Measure 82 will be shared by every Baker City Herald,August 11, 1999 city and county in Oregon.You can see what your community will "Oregon needs to devote more money to its roads.An increase in get by clicking on www.fairfunding.org. the gas tax is needed" These projects can't wait.Vote YES on 82. La Grande Observer,August 3, 1999 (This information furnished by Louis Carlson, Morrow Co.Judge Retired, "Oregonians deserve good roads, and that takes money.Oregon Seniors For Yes On 82.) can't afford to let its roads deteriorate further for lack of a gas tax increase! Corvallis Gazette-Times,August 2, 1999 Y (This information furnished by Richard Butrick, Associated Oregon Industries.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 81 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Pass Measure 82 and Oregon drivers will experience The Pacific Northwest Chapter of L E S S Associated Builders&Contractors urges you to VOTE YES on Measure 82. C O N G E S T I O N You should know that an independent study shoots down Measure 82 includes$600 million that will be spent immediately arguments against Measure 82. on specific new highway and safety projects to ease congestion We support the following editorial that ran in The Oregonian and improve the flow of traffic. January 29,2000: Among many other projects, Measure 82 will improve the TRUCKERS WOULD PAY THEIR SHARE Highway 217 interchange with U.S.26($21 million),expand U.S. The AAA of Oregon/Idaho forced a vote on a nickel-a-gallon gas- 101 to 4 lanes through Lincoln City($15.8 million), fix the south tax increase because it claimed the proposal, which also would Medford interchange at 1-5($15 million),realign the intersection of replace the state's unusual weight-mile tax on trucks with a diesel South Century Drive and U.S. 97 in Sunriver ($5.6 million) and tax,would shift the tax burden from trucks to cars. modernize U.S.395 from Pendleton to Pilot Rock($3 million). Actually, that's only five of the 59 projects on the state list. A new study convincingly rebuts the AAA's argument.In fact,the Additionally, Measure 82 includes$61.5 million more per year to report by the respected Legislative Revenue Office found that c heavy trucks would pay more than their share of road taxes if cities and counties to help them catch up on maintenance and voters approve Measure 82 on the May 16 ballot. preservation of local roads.Every Oregon city and county gets a share. Every Oregonian will benefit from the work that will be AAA officials huffed that the study had to be wrong, because done. trucker organizations are prepared to spend millions of dollars in Fail to pass Measure 82 and Oregon drivers will suffer through advertising to support Measure 82.In fact,truckers have long said they would be willing to pay somewhat more in taxes if they could MORE get rid of the bookkeeping burdens of Oregon's weight-mile tax. CONGESTION If the Legislative Revenue Office study is right, and no one has ANDMORECONGESTION successfully attacked it yet, AAA is left with only two possible ANDMORECONGESTIONANDMORE arguments against the gas-tax increase. CONGESTIONANDMORECONGESTIONAND MORECONGESTIONANDMORECONGESTIONAND One is that large,out-of-state trucking firms may benefit from the MORECONGESTIONANDMORECONGESTIONANDMORE shift from a weight-mile system to a diesel tax at the expense of CONGESTIONANDMORECONGESTIONANDMORECONGES smaller, in-state trucking companies.That may be true, but it's TION hard to see why that is any particular concern of AAA, or its It's your choice.Is it worth$3.75 per month to spend less time members. sitting in bumper to bumper traffic and more time at home with The other is that motorists in Oregon shouldn't be asked to pay for your family? the better maintenance and wider, safer roads that the state Vote YES on Measure 82 for better roads requires. and less congestion. And that's nothing more than an argument for a free ride. (This information furnished by Duncan Wyse and Michael Burrill, Citizens Learn the truth about Measure 82 by clicking On for Congestion Relief.) www.fairfund!ng.org. , THEN CAST YOUR YES BALLOT FOR MEASURE 82! (This information furnished by Anna Peerbolt, Interim Executive Director, Pacific Northwest Chapter of Associated Builders and Contractors.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 82 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Ken Allen,American Federation of State,County and Oregon's roads are overburdened and suffer from old age. Municipal Employees Measure 82 provides the revenue we need to get started Tim Nesbitt,Oregon AFL-CIO immediately on specific projects that will relieve congestion. Bob Shiprack,Oregon Building and Construction Trades Council improve safety and boost local road preservation and Oregon's working men and women support better roads maintenance projects. and less congestion. Traffic has never been worse.The state's Progress Board gave HERE ARE THE TOP REASONS TO SUPPORT MEASURE 82: Oregon an"F"for failing to adequately address congestion.Cities, counties and the state lack the funds to keep up with everyday 1. We know what we're buying. Unlike any previous gas tax maintenance needs. plan,voters know the specific projects to be funded with the PLEASE VOTE YES ON 82 revenue raised by Measure 82. FOR BETTER, 2. A$600 million list of Measure 82 projects is waiting.Work SAFER ROADS AND will get underway immediately to improve safety, ease LESS CONGESTION. congestion and improve traffic flow. Measure 82 includes $600 million to be spent immediately on 3. Our safety is worth it. Measure 82 will save lives through specific new highway and safety projects to ease congestion and local projects that add passing lanes on busy roads, recon- improve traffic flow. It provides millions for safety projects, figure intersections and improve railroad crossings to especially in corridors and at intersections where accidents and eliminate crashes with trains. fatalities are high. And Measure 82 includes $61.5 million more per year to help cities and counties catch up on maintenance and 4. It's fair. Measure 82 raises fuel taxes to 29 cents per gallon preservation of local roads. for cars and trucks.A new weight-based registration fee on commercial trucks ensures heavy vehicles pay their fair share. Some have questioned if Measure 82 is fair.Consider the facts: 5. Everyone hates congestion. Measure 82 funds specific • Measure 82 cracks down on truck tax evasion. Today, projects statewide to relieve congestion. truckers report to the state how much tax they owe. It's a 6. Saving today means paying far more tomorrow.For ever bureaucratic mess that is prone to tax evasion and mistakes. 9 Y P Y 9 y Measure 82 makes truckers pay their taxes at the pump oust dollar we don't spend today to maintain roads and bridges, like us car drivers have done for 80 years!) and establishes we'll have to pay four to five dollars later in reconstruction weight-based registration fees,to ensure the heaviest trucks costs. pay more. 7. It's a good deal. The most it would cost the average car . Thanks to the wise decision of Oregon voters last year, the owner is$3.75 per month,or$45 per year. Oregon Constitution requires cars and trucks to pay their fair 8. Trucks should pay at the pumps just like we do. Today, and proportionate share.Any tax shift from trucks to cars is truckers report to the state how much THEY owe. Self- UNCONSTITUTIONAL! reporting taxes is bureaucratic and prone to evasion. . The Legislative Revenue Office concluded that Measure 82 Measure 82 makes trucks pay at the pump and cuts the red raises commercial truck taxes by $245 million over the tape. next six years and said commercial trucks would pay $72 9. We pay a hidden tax for bad roads.Studies show the aver- million more than their fair share during the first two years. age Oregon driver pays$132 per year in extra car repair costs Measure 82 is a fair way to provide the funds cities,counties and because of driving on damaged roads. the state need to fix our roads and improve public safety. 10. It's best to plan for the worst. Measure 82 includes $3 Please vote YES on 82! million per year for emergency repairs to weather-damaged roads and bridges, like those on the coast. (This information furnished by Scott Williams, President- 2000, Craig Honeyman, Executive Director, Associated General Contractors Oregon- (This information furnished by Ken Allen, American Federation of State, Columbia Chapter.) County and Municipal Employees, Bob Shiprack, Oregon Building and Construction Trades Council,Tim Nesbitt,Oregon AFL-CIO.) Y J (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 83 CONTINUED a Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Bend Area Chamber of Commerce Oregon Governor John Kitzhaber North Clackamas Chamber of Commerce Eugene Area Chamber of Commerce Oregon's roads are in trouble and it's time to fix the problem. Greater Hillsboro Chamber of Commerce Measure 82 is fair for all motorists and offers the fix we need. Newberg Area Chamber of Commerce Please vote YES on 82. Portland Metropolitan Chamber of Commerce Measure 82 increases vehicle taxes and fees on trucks and cars Salem Area Chamber of Commerce to fund road improvements and maintenance that will reduce Woodburn Chamber of Commerce congestion and improve safety.The Legislative Revenue Office AS REPRESENTATIVES OF CHAMBERS OF COMMERCE indicates it would cost the average motorist$3.75 per month, or FROM AROUND OREGON,WE ENCOURAGE YOU TO $45 per year, and commercial trucks will pay$237 million more LEARN ALL YOU CAN ABOUT MEASURE 82. over the next six years. THEN VOTE YES. It also creates a new diesel tax and increased weight-based fees on commercial trucks to reduce administrative burdens and tax You can explore Measure 82 at a helpful Internet site: evasion.Trucks will pay at the pump,just like the rest of us. www.fairfunding.ora.It offers detailed explanations of each project We're protected from trucks avoiding the diesel tax by refueling on the$600 million list that will improve safety, relieve congestion elsewhere by the International Fuel Tax Agreement.We'll still get and improve the flow of traffic throughout Oregon. It also shows the diesel taxes, regardless of where truckers fill up. how much each city and county receives from Measure 82 to address local road and bridge needs. Measure 82 will fund hundreds of projects in every community By clicking on www.fairfundingora, you can get answers to across the state. It builds new roads, improves traffic flow and frequently asked questions,such as"How much will it cost?"oust widens bridges, builds sidewalks and improves dangerous inter- $3.75 per month for the average Oregon car owner).The site illus- sections. Unlike any previous gas tax plan, voters will know the trates why all Oregonians will lose if Measure 82 fails (corridors specific problems to be solved and projects to be funded. and intersections where accidents and fatalities are high will It funds a list of 59 state projects in virtually every part of Oregon. continue to ruin lives). They will make it safer and easier to get to and from the coast. You also can click on www.fairfunding.ora for information about They'll improve the flow of traffic along 1-5 in Medford, U.S. 395 how Measure 82 makes sure trucks pay their fair share.Measure near Pendleton, Barbur and Sandy Boulevards in Portland, 82 makes truckers pay at the pump and enforces new weight- Highway 97 in Redmond and much more. based registration fees on commercial trucks to make sure heavy The majority of Measure 82 funds are earmarked for local trucks that cause the most damage pay more. governments.The$61.5 million per year that Measure 82 will pro- Did you know Measure 82 includes protections to ensure truckers vide cities and counties will help them catch up on maintenance don't get a break?Click on www.fairfundir39.ora to learn about the and preservation of local roads. International Fuel Tax Agreement,which makes sure Oregon gets We need to fix the problems on Oregon's troubled roads and its share of diesel taxes if truckers fill up in another state then bridges.Measure 82 is fair and offers our best hope for the future. drive through Oregon.Oregon's constitution also guarantees that Please join me in voting YES on 82. trucks pay their fair share and outlaws any break for truckers at the expense of other motorists. (This information furnished by John Kitzhaber,Governor.) Learn all you can. After you get the facts, you'll agree that Measure 82 is a great buy that Oregon can't pass up. Vote YES on 82. (This information furnished by Dan Aberg, President, Greater Hillsboro Area Chamber of Commerce;Donald S. McClave, Portland Metropolitan Chamber of Commerce;Gary Peters,Bend Chamber of Commerce.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 84 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Henry Hewitt Supporters of Measure 82 offer a solution for Oregon's most Chairman critical transportation problems. The Measure deserves your support.What does Measure 82 do? Oregon Transportation Commission Specific projects. Measure 82 funds a$600 million list of specifically identified high- Better roads. priority projects that can't wait.It improves safety,eases conges- tion,provides for preservation and improves the flow of traffic. Less congestion. Please vote YES on 82. Safer streets. Measure 82 addresses growing congestion problems around Help for cities and counties. Portland, Eugene and Bend by improving problem intersections With Measure 82, we'll start work immediately on a$600 million and bottlenecks.The Measure makes it easier and safer to get to and from the Oregon coast by adding climbing lanes and begin- list of specific high prior projects around the state that will ning development work on a Newberg-Dundee bypass.Measure relieve congestion and improve every safety.With an additional catch 82 improves a number of the interchanges along the 1-5 corridor, million per year,we'll help everyy and county in Oregon catch including two terrible problem spots in Medford.It removes noisy, up on maintenance projects.We'll set aside$3 million each year slow-moving trucks from several downtowns, including Astoria for emergency repairs to weather-damaged roads and bridges, and Redmond. such as the crippling coastal slides last winter. And the list of 59 state projects is only part of the benefits. Measure 82 would make truckers pay their fair share by requiring them to pay road taxes at the pump(just like we do!))and imple- Measure 82 also includes$93 million a year for maintenance and menting new weight-based registration fees on commercial preservation of the existing state and local road system. trucks, ensuring heavy trucks that cause the most damage pay The Measure includes$3 million a year for emergency repairs to more. weather-damaged roads and bridges. The winter slides that Supporters of Measure 82 have come together to make Oregon a severely hampered transportation along the coast exhausted the better place to live at a cost of just $3.75 per month for the state's emergency budget. average car owner(trucks will pay$245 million more over the It includes $61.5 million more per year to cities and counties to next 6 years if Measure 82 passes than they would if it fails). help them catch up on maintenance and preservation of local What solutions have the opponents of Measure 82 offered? roads. A survey of Oregon counties revealed that hundreds of Zero. county bridges throughout the state need repair.Thousands of miles of city and county streets are in poor condition and need Zilch. attention now. Goose egg. The Measure includes$3 million a year for rural Eastern Oregon counties where timber receipts for local roads have been greatly Nothing. diminished. Nada. As chairman of the Oregon Transportation Commission, I urge Opponents of Measure 82 want you to continue sitting in traffic your support of the projects and improvements Measure 82 will jams and swerving out of the way of potholes.They don't care that fund.They are worth every penny of the small amount per month you have to risk life and limb every time you drive to the coast. the average car owner will pay(approximately$3.75). They are oblivious to the fact that today's system of ta>ing Oregon can't afford to delay.Please vote YES on 82. truckers, which asks the truckers themselves to report to the state how much they should pay, is ridiculously bureaucratic and (This information furnished by Henry Hewitt, Oregon Transportation prone to evasion and mistakes. Commission.) They want to keep Oregon stuck in the mud. Educate yourself by reviewing a list of projects in your area at www.fairtundino.org. THEN CAST YOUR BALLOT FOR A BETTER OREGON WITH BETTER AND SAFER ROADS. VOTE YES ON MEASURE 82! (This information furnished by Mike Burton,Metro Executive Officer.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 85 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR MEASURE 82 TREATS LOCAL TRANSPORTATION Oregon's Cities Urge You to Vote YES on 82 NEEDS AS A PRIORITY. Susan Roberts,Mayor of Enterprise and Vice President, League THAT'S WHY YOUR COUNTY'S ELECTED OFFICIALS ASK of Oregon Cities and Lou Ogden,Mayor of Tualatin and YOU TO VOTE YES ON MEASURE 821 Secretary,League of Oregon Cities Dennis D.Doherty,Umatilla County Commissioner Are potholes driving you crazy and damaging your car?Are side Bill Hansell,Umatilla County Commissioner streets that lead to your home getting so crowded that you're Emile M.Holeman, Umatilla County Commissioner spending more time in your car and less time at home?These are John Howard, Union County Commissioner problems every Oregon city faces. We can't keep up with the Tim Josi,Tillamook County Commissioner maintenance and repair needs of city streets and bridges. Don Lindly, Lincoln County Commissioner That's why Mayors across Oregon and the League of Oregon John Mabrey,Wasco County Judge Mike W.McArthur,Sherman County Judge Cities support Measure 82. Steve McClure, Union County Commissioner City and county officials from across the state helped draft Laura M.Pryor,Gilliam County Judge Measure 82 and made sure much of the money returns to local Dave Schmidt, Linn County Commissioner governments to address local transportation needs. Beverly Stein,Multnomah County Commissioner We also made sure that the new taxes and fees paid by commer- Measure 82 funds will go to the highest priority projects cial trucks don't hurt car owners. Measure 82 increases truck at the local level In every single Oregon county. taxes and fees by$245 million over the next six years and makes Your counties know where the dangerous intersections are what trucks pay at the pump just like we do.Protections are in place to streets suffer the worst congestion and which roads and bridges make sure interstate trucks that drive through Oregon pay their are falling into disrepair. fair share no matter where they refuel – even if it's in another state. Thousands of miles of county roads and well over 100 county bridges across the state are in poor condition and need immedi- Measure 82 provides$24.6 million more per year to cities to help ate repair. us catch up on maintenance and preservation of local roads.The Measure provides dollars for safety projects,especially in our so- THAT'S WHY WE SUPPORT MEASURE 82. called"blood alleys"–corridors and intersections where accidents It provides$61.5 million more per year to cities and counties to and fatalities are high. help us catch up on maintenance and preservation of local roads. Every Oregon city, from the largest to the smallest, will receive Here's the Measure 82 funds your county will receive over the Measure 82 funds.To see how much your city will receive as a next six years if it passes: result of Measure 82,go to www.fairfunding.org. Baker:$1,016,000 Lake:$514,000 The Measure will help your city address a growing backlog of Benton:$3,364,000 Lane:$15,204,000 problems.With the funds,we'll be able to repair hundreds of miles Clackamas:$15,720,000 Lincoln:$2,358,000 of city streets, improve pedestrian safety and make intersections Clatsop:$1,783,000 Linn:$5,654,000 safer. Columbia:$2,523,000 Malheur:$1,679,000 We need Measure 82.Please vote YES. Coos:$3,279,000 Marion:$12,872,000 Crook:$1,178,000 Morrow:$602,000 (This information furnished by Lou Ogden, League of Oregon Cities & Curry:$1,348,000 Multnomah:$28,282,000 Mayor of Tualatin;Susan Roberts,League of Oregon Cities.) Deschutes:$6,285,000 Polk:$2,698,000 Douglas:$5,629,000 Sherman:$158,000 Gilliam:$162,000 Tillamook:$1,428,000 Grant:$527,000 Umatilla:$3,780,000 Harney:$460,000 Union:$1,427,000 Hood River:$1,149,000 Wallowa:$506,000 Jackson:$8;675,000 Wasco:$1,313,000 Jefferson:$934,000 Washington:$17,123,000 Josephine:$4,221,000 Wheeler:$110,000 Klamath:$3,624,000 Yamhill:$3,978,000 Every county in Oregon plans to target Measure 82 funds toward local projects to maintain and repair roads, improve safety and relieve congestion.The funds will be especially helpful in corridors and at intersections where accidents and fatalities are high. Our problems won't go away by themselves. Vote YES on 82 for a solution. (This information furnished by Steve McClure, Second Vice President Association of Oregon Counties.) (This space purchased for$500 in accordance with ORS 251.255.) (This'space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 86 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR As Metro Councilors,we feel it is important for you to CENTRAL OREGONIANS FOR YES ON 82 understand why Measure 82 deserves your support. As a representative of transportation advocates in Central After a great deal of deliberation, the 1999 Legislature passed, Oregon, I urge you to vote YES on Measure 82. It provides and the Governor signed, the bill that you now are considering. millions of dollars to cities and counties throughout the region to Republicans and Democrats came together, recognizing that help us catch up on maintenance and preservation of local roads. Oregon could not wait to fix its roads and bridges. Without Measure 82, our city and county streets will continue to Measure 82 increases the gas tax and vehicle registration fees on deteriorate,causing more accidents and costing us even more in cars and increases taxes on commercial trucks through a new road repairs.Every dollar we fail to spend on maintenance of local diesel tax and weight-based registration fees. It ensures heavy roads today will cost us four to five dollars down the road in recon- trucks pay more to compensate for the damage they do and that struction and repair costs. the commercial truck class pays its fair share. Here's what Central Oregon's local governments get over the next Regional transportation improvements are an essential element 6 years from Measure 82: of the Metro 2040 Growth Concept. Nonetheless, funding for Counties Major Cities operation, maintenance and improvement of the Regional Crook:$1,178,000 Bend:$2,502,000 Transportation,System is severely under-funded. The Oregon Deschutes:$6,285,000 Klamath Falls:$900,000 Legislature has not increased funding for transportation since the Gilliam:$162,000 Lakeview:$134,000 1991 session, despite skyrocketing costs related to road repairs and improvements. Jefferson:$934,000 Madras:$255,000 Klamath:$3,624,000 Prineville:$354,000 The consequences of continued under-funding include further Lake:$514,000 Redmond:$636,000 deterioration of state and local roads, increased congestion and Sherman:$158,000 The Dalles:$599,000 gridlock,and increasing safety hazards. Wasco:$1,313,000 MEASURE 82 OFFERS A SOLUTION. Wheeler:$110,000 Measure 82 includes $600 million to be spent immediately on Additionally, Deschutes County gets the following projects to specific new highway and safety projects to ease traffic con- improve safety,ease congestion and improve the traffic flow: gestion and improve the flow of traffic, including$190 million • A new truck route to remove trucks from downtown Redmond of improvements in the Metro region. and provide travelers an alternate route to US 97. Additionally,every Metro's local partners will receive an additional • A new interchange where US 97 meets South Century Drive in $29 million annually to address critical local transportation Sunriver to improve traffic flow and make it safer to enter the needs. northbound lanes. And Measure 82 is fair.It maintains equitable cost-responsibility • A new grade-separated railroad crossing and realignment of between heavy and light vehicles.It outlaws any unfair shift of US 97/Highway 4 at mile post 165, significantly reducing the road costs. number of potential vehicle vs.train crashes. If you support the Metro 2040 Growth Concept, support solving • A two-lane section of Highway 126 will be widened to three the region's growing congestion problems and support making lanes between 15th and 19th Streets in Redmond, reducing roads safer for motorists, bicyclists and pedestrians, then you congestion. should support Measure 82. • Passing lanes will be added to US 20/Highway 16 between VOTE YES ON 82. mileposts 95.5 and 96.9 to reduce the urge to make unsafe (This information furnished by Councilor Ed Washington, Metro District 5; passing maneuvers. Councilor Rod Monroe,Metro District 6.) • A section of US 20/Highway 7 in Bend will be widened to four lanes and a median,bike lanes and sidewalks will be installed to improve the highway's overall efficiency and safety. CENTRAL OREGON SAYS VOTE YES ON 821 (This information furnished by Michael P.Hollern, Central Oregonians for Yes on 82&Former Chair,Oregon Transportation Commission.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 87 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR Chris Tolke,Bar Seven A Trucking, Inc., Bend,Oregon Lee Beyer,State Senator,Springfield Rick Williams,Central Oregon Trucking Co., Inc., Prineville Dan Gardner,State Representative, Portland As trucking companies based in central Oregon who depend on Al King,State Representative, Mohawk Valley' roads and bridges to move everything from food to furniture from Jerry Krummel, Representative,Wilsonville central Oregon to the rest of the state and country,we understand Lane Shetterly,State Representative,Dallas that we have to pay more to get more.That's why we support Measure 82 provides funds to improve road safety and relieve Measure 82 and urge you to mark your ballot YES. congestion through projects in every Oregon community.It also Measure 82 raises fuel taxes and registration fees on trucks and changes the way trucks are taxed. cars to fund specific road projects.It institutes a new diesel tax on Today, truckers report to Oregon how much they owe. It's a commercial trucks and adds weight-based registration fees to bureaucratic mess that makes tax evasion easy. Measure 82 ensure that the heaviest trucks that cause the most damage institutes a diesel tax and weight-based registration fees so continue to pay their fair share. truckers will pay at the pump just like we do. A study by the respected Legislative Revenue Office determined An existing federal law ensures that Oregon won't lose if truckers that commercial trucks will pay$245 million more if Measure 82 fill up elsewhere and drive on our roads. If trucks drive through passes than if it fails. Oregon,we get the diesel taxes other states collect. Truckers agree to pay our fair share for three reasons: Measure 82 is fair and protects car owners from paying more than • Increasing congestion hampers our ability to transport goods their share. In fact, the highly respected and independent on time. Measure 82 includes $600 million that will be Legislative Revenue Office has determined that Measure 82 spent immediately on specific projects to ease traff give ic s car owners a break,not trucks. congestion and improve traffic flow. The official estimates of Measure 82 revenues show truckers'total • Oregon's roads are deteriorating, which increases dangers share of road costs over the next six years–if Measure 82 passes for everyone. Measure 82 provides dollars for safety –will be$1.741 billion,but state revenues from truckers over that projects, especially in corridors and at intersections period will exceed $1.808 billion, an overpayment of more than where accidents and fatalities are high. $67 million. • The new diesel tax and weight-based registration fees THE STUDY SHOWS TRUCKERS WILL PAY replace the current system of taxing trucks, which is overly $245 MILLION MORE bureaucratic and mistake prone. Truckers like us would IF MEASURE 82 PASSES THAN IF IT FAILS. gladly pay a bit more to pay our taxes at the pump and AAA also has claimed that big, out-of-state truckers will get a eliminate administrative headaches. windfall.Official state data shows that claim also is false. Oregon will get its share of diesel taxes collected in other states The LRO study found that interstate truckers(the 78,0001-80,000 if trucks fill up across the border then drive here.A federal law pound weight class)will overpay their share by more than$8 mil- enacted almost a decade ago protects us all from tax evasion. lion in the first year if Measure 82 passes. Everyone who uses Oregon's roads and bridges should be Let's be honest.Measure 82 isn't about how trucks are taxed.The concerned about their condition.Measure 82 costs all motorists a experts have determined that trucks will ,pay their fair share. little but buys us a lot. Measure 82 is about paying just $3.75 per month to relieve VOTE YES ON 821 congestion and improve road safety. Vote YES for fairness and better roads. (This information furnished by Rick A.Williams,General Manager,Central Oregon Truck Co.Inc.;Chris Tolke,Bar Seven A Trucking,Inc.) (This information furnished by Jerry Krummel, State Representative, District 27;Dan Gardner,State Representative,District 13;Al King,State Representative,District 44;State Senator Lee Beyer,District 21;Rep.Lane Shetterly,District 34.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 88 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN FAVOR ARGUMENT IN FAVOR COASTAL RESIDENTS FOR YES ON 82 A Conservative Republican Leader Explains Sharon Branstiter Why She Is Voting YES on Measure 82. Donald Barth Wonder why a fiscally conservative Senator joined a majority of Alan Brown her colleagues to vote in favor of increasing funding for Oregon's Chris Chandler DiTorrice transportation system? I generally do not support any tax Guy DiTorrice increases. I have spent my careers reducing the size of govern- Doug Roberts ment and returning as many tax dollars as possible to Theresa Wisner Oregonians. Whether you live near the Oregon coast or just like to visit However.1 urge you to vote YES on Measure 82. occasionally,you should vote YES on Measure 82. Measure 82 is part of a package of bills my committee adopted Specific projects funded by Measure 82 will make it easier and that make government more accountable and efficient. safer to get to and from the Oregon coast and will relieve con gestion along U.S. 101. Unlike any previous gas tax plan,voters It's fair. While the average car owner would pay an additional know the specific projects to be funded with revenue raised by $3.75 per month or $45 per year, the respected Legislative Measure 82. Revenue Office says commercial truckers would pay$245 million more over the next six years if Measure 82 passes than they Measure 82 funds safety projects, especially in corridors and at would if it fails. intersections where accidents and fatalities are high. Here are It forces government to be accountable. Unlike any previous gas some of the specific projects that already have been approved tax plan, voters will know the specific grojects to be funded pending the passage of Measure 82. with revenue raised by Measure 82. • It starts the Newberg-Dundee Bypass and widens a portion of Highway 18, which makes the trip to the coast from the • $600 million will be spent immediately on specific new highway Portland metropolitan area less congested and more safe. and safety projects to ease congestion and improve the flow of traffic(go to www.fairfunding.ora to see projects in your area). • It realigns U.S.20 and adds climbing lanes in both directions between Newport and Corvallis.In recent years,several people • $61.5 million more per year goes to cities and counties to help have been killed on this road. The accident rate there was them catch up on maintenance and preservation of local roads. 50 percent higher than on comparable highways in 1997. • $3 million is set aside to provide a safety net in our Eastern • It widens U.S. 101 to 4 lanes through Lincoln City to smooth Oregon counties. traffic flow and offer room for bicyclists. • An additional$3 million is earmarked for natural disasters,such • It widens a section of Highway 42 between Coos Bay and as the recent mudslides on the coast. Roseburg, an important corridor for transporting freight and And Measure 82 also cuts waste. By replacing the inefficient supporting Southern Oregon's struggling economy. weight-mile system with a diesel fuel tax and weight-based regis- • It improves intersections on U.S.101 in Coos Bay,where traffic tration fees for the trucking industry, Measure 82 will reduce sometimes backs up for a mile or more. government spending by about$20 million per yam. • It includes$3 million a year for emergency repairs to weather- Help make transportation funding more accountable and damaged roads and bridges, such as the terrible slides that efficient in Oregon. crippled the coast last winter. JOIN ME IN VOTING YES ON 82! The Oregon Transportation Commission has approved a list of 54 Senator Marylin Shannon other projects in every part of Oregon.Look over a list of projects Chair,Senate Transportation Committee in your area at www.fairfunding.ora. (This information furnished by Senator Marylin Shannon, Chair, Senate Please get informed about what Measure 82 really does and vote Transportation Committee.) YES. (This information furnished by Donald L.Barth, Theresa Wisner, Sharon Branstiter,Alan Brown,Guy DiTorrice,Doug Roberts,Coastal Residents for Yes on 82,Chris Chandler DiTorrice, Economic Development Alliance of Lincoln County.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 89 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure, No. 82 Measure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION In 1947 the Oregon Legislature, in an almost unanimous This organization has been serving the Greater Portland Metro bipartisan vote,adopted our Weight Mile Tax which forced the big Area since 1966. We build and maintain homes, apartments, trucking industry to pay their fair share of road use taxes.This tax warehouses,sewers,water lines,and appliances. was based upon the percentage of wear,tear and destruction of our highways caused by big trucks.The physics and mathematics The current price of gasoline at our cardlock station is costing of road wear have not changed over the 50 years since then. $1.61 per gallon for gasoline and$1.67 for diesel for our service trucks. I strongly suspect that this measure, which was opposed and OPEC, composed of the Middle East Countries, North Sea, referred by AAA,was passed by the legislature as the result of a and South American countries,along with others,are not going to combination of bill withholding and hopes for campaign funding by lower CRUDE OIL PRICES TO ACCOMMODATE POLITICAL members of the Oregon Legislature.The industry compromised CAMPAIGNS IN OREGON OR THE UNITED STATES. enough legislators so that a much needed increase in the gas tax was not permitted to pass unless the legislature caved in to the The current proposed raise and change in our Highway pressure of a small minority of legislative members who withheld Constitutional fuel taxes on gasoline and diesel as well as allow- their support, demanding that the measure include the repeal of ing your County to raise auto fees will result in INFLATIONARY the Weight Mile Tax. COST TO MAINTAIN YOUR REFRIGERATOR, DISHWASHER, The deal was complete.The legislature changed the election GARBAGE DISPOSAL, RANGE, MICRO WAVE, VENTED date and supporters made inaccurate representations about the HOODS, RADIO, T.V., COMPUTERS, PLUMBING, ELECTRI- effect of a constitutional amendment affecting the trucking indus- CAL, ROOFING, SEWER,AND WATER LINE CALLS. try, referred and passed in 1999. If you want to lower your MAINTENANCE CALLS WE URGE If approved, 50 Million Dollars of highway support would be YOU TO VOTE NO ON MEASURE 82.STOP INFLATION. shifted from the wealthy and heavily subsidized multi state and You will be paying twice for maintenance calls,as we CANNOT multi national trucking industry to the backs of ordinary motorists ABSORB ANY MORE COST FOR FUEL,DIESEL AND OIL FOR like you and me. MAINTENANCE TRUCKS. You will be paying higher cost for This dealing by the legislature was reminiscent of the way maintenance,higher gas and diesel tax,plus an increase on your wealthy men and big business controlled the Oregon Legislature license fees from your County on your car or pickup. before the adoption of Oregon's Initiative and Referendum YOU DECIDE IF YOU WANT TO CONTROL INFLATION BY System.In those days(before 1902) legislators were bought and VOTING NO ON MEASURE 82. sold like loads of logs. We must not let Oregon's legislative REMEMBER,OREGONIANS WOULD PAY ABOUT$100 MIL system corrupted again! must not reward the abuse MIL- of power r by y the greedy trucking ng industry and favor seeking LION MORE A YEAR AT THE GAS PUMP AND INCREASED legislators! COUNTY REGISTRATION FEES.VOTE NO ON MEASURE 82. Sincerely, Vern Cook, former State Senator and candidate (This information furnished by Clyde V. Brummell, Vice President, Home for election to the State Senate, District 28. Contact me at Builders Service Center,Inc.) (503)665-8143, FAX 665-8145, E-Mail cookv@teleport.com and see Web Page at www.verncooklaw.com with your support. (This information furnished by Vern Cook.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 90 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION COMMISSIONER SORENSON URGES Concerned about our Environment?Vote NO on 82 A"NO"VOTE ON MEASURE 82 Measure 82 allows you to veto the Legislature's ill-conceived Dear Oregon Voter, highway funding package. It is on the ballot because concerned citizens understand this is NOT the right way to fund roads and * My name is Peter Sorenson and I live in Eugene.I'm an elected signed petitions to refer it to you.If Measure 82 passes,it will: Lane County Commissioner and former elected Oregon State Eliminate the Weight-Mile Tax(WMT)on trucks in exchange for Senator.When I was in the Legislature 1 was a member of the a diesel-fuel tax Senate Transportation Committee. As a member of the Transportation Committee I participated in many hours of testi- Set up a $600 Million "Slush Fund" exclusively for road and mony on the funding of Oregon's roads and highways. highway expansion There are five reasons I want you to join me in VOTING"NO" Raise the Gas Tax and Registration Fees ON MEASURE 82. The WMT is one of the most accurate ways of charging trucks * Measure 82 costs Oregon too much. It favors out of state commensurate with the damage they cause,especially big trucks. industry over in state individuals.Large trucks,mostly from out of A fuel tax relates very poorly to the amount of damage.That is state will receive a tax break of almost$50 million.While Oregon why large, interstate trucking companies are so determined to motorists will be hit with almost$100 million in new taxes. eliminate this fair tax. * Measure 82 will eliminate Oregon's 50-year-old weight-mile If 82 passes, Oregon motorists and local (especially small) system,which fairly charge trucks for the amount of damage they truckers will subsidize big interstate trucks. Environmentally- do to Oregon's roads. sustainable transportation goals require the reduction of long- * Both Nevada and Arizona have recently abandoned the distance truck traffic in favor, of putting those goods on RAIL, weight-mile system and they have seen more damage to their which is much better for the environment. roads and less money coming from trucks to pay for their roads. Oregon's WMT encourages lower axle loads, which DECREASE * Measure 82 continues a bad trend: subsidizing heavy road damage and maintenance costs for Oregon taxpayers. trucks at the expense of our energy efficient railroads. If we Heavy dependence on the fuel tax will encourage trucks to utilize shipped more by rail there would be less congestion and death on fewer axles, INCREASING road damage, our highways. Insufficient Funding is NOT the Major Issue * Measure 82 promotes sprawl by allowing continued con- Some government officials argue that 82's Gas Tax increase is struction of more lanes of expensive freeways, rather than essential to maintain Oregon's transportation infrastructure.They focusing on repair and maintenance of existing roads. imply that killing 82 works against sound transportation manage- For more information on this measure I want to personally invite ment.While not enough funds are allocated to maintain our road you to contact me. I would be pleased to answer your questions system,insufficient revenue is NOT the main reason. or concerns. Please call me, Pete Sorenson, at 541-485-6726, Too much money is spent on adding expensive, major road email me at sorenson @efn.org, or write me at P.O. Box 10836, capacity (adding lanes, expanding interchanges, building new Eugene,Oregon 97440. highway segments). Even if additional revenue were needed, Thanks, elimination of the WMT and the$600M highway expansion fund will increase the cost of maintenance,while encouraging sprawl. Peter Sorenson Vote NO on 82! P.S.This is the most recent of a long list of bad legislation For more information,contact AORTA, favored by special interests.IT MUST BE DEFEATED. a non-profit, volunteer group dedicated to safe, environmentally- (This information furnished by Peter Sorenson.) sustainable transportation, PO Box 2772, Portland,OR 97208 (This information furnished by Dan L.McFarling,President,Association of Oregon Rail and Transit Advocates(AORTA).) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 91 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION As Governor of Oregon in the 1980's, charged with leading the I like to think of the 23,000 members of the Oregon State Grange state through the worst recession of the century, I witnessed fear as some of the best representatives of the"Oregon spirit"you'll on the faces of many hardworking Oregonians trying desperately find anywhere.We're a hardworking,independent group who has to meet their tax obligations. Fortunately, Oregon's economy is successfully strengthened Oregon's communities for 127 years. very different for now. But that tax dollar–where it comes from And when an issue comes along -- like Measure 82 – that is and where it goes–remains every bit as precious. clearly critical to our quality of life,we speak out. The right of the government to tax must always be matched In short,Measure 82 is wrong.Wrong for Oregon.And certainly by the right of the citizen to be taxed fairly. Measure 82 wrong for the rural communities of this state where travel distance represents no such match. It proposes an excessive and is key and every mile is money. unreasonable increase in fuel taxes.As a citizen of Oregon, Measure 82 not only gives the state the right to raise our gas as a former Governor of its people,I must reject Measure 82. taxes by 5 cents and our registration fees by$10.00,it allows It is neither sound nor fair and its passage will not help,but the counties to raise fees by another$10.00 a year any time most certainly harm this state. they want!The impact on us all will be serious, particularly, for Though a Governor's decision to veto legislation is often a difficult young families just starting out and senior citizens with fixed one,this"veto"is easy.It is based on sound economic principles incomes. and 26 years of experience in the legislative and executive Measure 82 is an irresponsible,preposterous proposal.As a branches of Oregon government.That experience tells me that rural Oregonian, as a voting citizen of this state, as the elected there is no valid reason for Oregon citizens to face the leader of the Oregon State Grange, I reject it and urge all second highest gas tax in the nation.Only after the Governor, the state agencies,and the Legislature have exhausted all possi- Oregonians to do the same. bilities for efficiencies,should the burden fall to the people. Thank you. If we could avoid raising taxes in 1984,with counties facing Edward L.Luttrell bankruptcy and unemployment at record highs,then it can Master surely be done in the year 2000 in this remarkable era of Oregon State Grange prosperity. I urge Oregonians to reject Measure 82.This is not good tax (This information furnished by Edward L.Luttrell,Oregon State Grange.) policy.And it is not good for Oregon. Governor Victor Atiyeh 1979-1987 (This information furnished by Governor Victor Atiyeh.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 92 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION OREGONIANS LOSE UNDER MEASURE 82. Ballot Measure 82 would end Oregon's long-standing tradition of weight-mile taxation for heavy trucks. We have conducted a As a state legislator, more than 1500 bills pass my desk every session. Some are well crafted and on target. Others, like HB revenue impact analysis and have concluded that under the new tax structure: 2082, now known as Measure 82, are clearly a mistake. Asa long-time member of the Senate Transportation Committee, • Total tax payments from light vehicles (cars and trucks I understand transportation issues. weighing 8,000 pounds or less) would.increase by $456 Measure 82 is about winners and losers. And the LOSERS million during 1999-2005(as compared to current law). ARE OREGONIANS. • Total tax payments from heavy vehicles(trucks weighing in I understand the challenges Oregon faces with its roads and high- excess of 8,000 pounds)would fall short of cost responsibil- ways. Ihave worked for years to help develop fair transportation ity(the amount determined to be their fair share based on road damaged)by almost$205 million during packages. Fair to motorists. Fair to small businesses. Fair to shortf hortf truckers of all sizes.But Measure 82 is NOT fair. Following full implementation, the annual shortfall would be Moving from a weight mile tax to a straight diesel tax will lead to $41 million from all heavy trucks and$49 million from the an inefficient use of our highways. Oregon truckers who don't heaviest trucks(78,000 pounds or more). drive a lot of miles will be hit hard,while the heaviest trucks trav- Based on assumptions outlined in our report Analysis of eling the most miles will pay the least to maintain our roads. HB 2082-D (Ballot Measure 82) Revenue Impact Estimates Oregon is known for having the fairest and most accurate (which can be viewed at www.gastaxes.com),our analysis yields lower revenue estimates than those of r the Oregon Legislative truck-taxing system in the country. Even Congress is con- Revenue Office(LRO)for the following r sidering moving to the Oregon system for the federal taxing reasons: of trucks.Why should we fix what isn't broken? • LRO assumes trucks will purchase 30 percent more fuel than There are other key reasons why I cannot support Measure needed for their travel in Oregon.Revenue difference–approx- 82.One,there will be less ability to properly audit under the imately$17.9 million annually. diesel tax system.Two,evasion will increase as big truckers • LRO assumes no increase in evasion and avoidance of find ways--as they have in other states--to avoid Oregon's registration fees resulting from a 1400 percent increase.Very higher diesel tax and registration fees. And three, this conservative estimates result in a $13.7 million reduction in legislation prohibits ODOT from requiring trucks carrying revenue. hazardous materials to have transponders to protect our • LRO assumes few heavy vehicles will qualify for the low- environment and our citizens. mileage exemption. Federal government data contradicts this I urge Oregonians to vote NO on Measure 82.This legislation assumption. Revenue difference – approximately $5.4 million misses the mark by a mile. annually. Senator Joan Dukes(D-Astoria) • LRO incorrectly switches methods of accounting and makes a Oregon State Senate variety of other assumptions that have varying effects over time. (This information furnished by Senator Joan Dukes.) In short, Measure 82 would unfairly shift the transportation tax burden to automobiles and lighter trucks and would grant a significant subsidy to many of the heaviest trucks that do the most damage to the roads. Anthony Rufolo, Ph.D., Professor of Economics, Portland State University Patrick Balducci, key analyst, 1999 Oregon Highway Cost Allocation Study (This information furnished by Anthony Rufolo,Ph.D.,Patrick Balducci.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 93 CONTINUED Official 2000 Primary Election Voters'Pamphlet--Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Big trucking companies get a huge tax break with Measure 82. Oregonians should not make the same mistake Nevada did. We have had an opportunity to study the effect of eliminating I was the Director of the Nevada Department of Transportation 10 Oregon's weight mile tax and replacing it with a diesel tax and years ago, when Nevada made the same mistake that registration fee increase under Ballot Measure 82.In our opinion, Oregonians are being asked to make on Measure 82. Learn a such a change would result in an unfair tax reduction for heavy lesson from our mistake.Vote NO on Measure 82. long-haul trucks, especially those that operate primarily out-of- Like Oregon, Nevada had a weight mile tax for trucks. Like state and an unfair tax increase for local Oregon trucks that do not Oregon everybody paid their fair share.But then,like Oregon,our travel many miles and travel only in Oregon. legislature listened to the claims of big interstate trucking compa- Economic study shows significant tax shift with Measure 82. nies.The big interstate truckers said that it was too onerous.They Oregon's current tax structure for heavy trucks is part of a larger promised that they would pay their fair share under a diesel tax system designed to collect taxes from different road users accord- and a high registration fee.They promised to make up the differ- ing to their relative responsibility for roadway costs. Ballot differ- ence if anything went wrong.They didn't. measure 82 would eliminate the weight mile tax,altering the way Since Nevada eliminated its weight mile tax, motorists and heavy trucks are taxed which,in turn,leads to significant changes small businesses that operate trucks only in the state,have in the tax burden for different kinds of trucks. Specifically, taxes been heavily subsidizing large interstate trucking companies would be shifted away from high mileage heavy trucks,and from to the tune of almost $168 million per year. Unlike Nevada, trucks that cross state lines as compared with trucks that travel however,Oregonians have a choice. only in Oregon. Oregonians have a tradition of doing things right. But it won't be The structural tax changes called for in Ballot Measure 82 are Oregonians who are going to fund the$4-5 million campaign used unfair in the sense that they don't collect from different classes of to convince you to vote for this change in truck taxes.That will all trucks based on the costs these trucks impose on the highway come from big out-of-state trucking firms who will all get a tremen- system.Moreover,these tax changes would lead to inefficient use dous tax break and make you pick up the bill. of our highways. If you are inclined to support a gas tax increase, please Under Ballot Measure 82, it is the heavier, high-mileage understand that if you eliminate the weight mile tax,you will find trucks that receive the tax break,and it is these trucks that yourself raising taxes in the future,just to keep up with the losses. do the most damage to our highways. That is the problem we are in here in Nevada,and now our roads Our opposition to Ballot Measure 82 derives from our belief that are falling into disrepair as heavy trucks do more damage and pay all vehicle classes should pay their fair shares of highway taxes. less for it.Keep Oregon's highway taxes the way they are.It is an The influx of funds created by Ballot Measure 82 is not worth the Oregon tradition worth keeping! cost of fairness to the system. Don't make the same mistake that we made. Vote NO on Thomas H.Hibbard, Ph.D.,and Donald H.Negri, Ph.D. Measure 82. Professors of Economics,Willamette University Garth Dull (This information furnished by Thomas H.Hibbard,Ph.D.,Donald H.Negri, Former Director,Nevada Department of Transportation Ph.D.,Professors of Economics,Willamette University.) (This information furnished by Garth Dull, Former Director, Nevada Department of Transportation, 1986-95.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 94 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 LLMeasure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Measure 82 is not the way to pay for good roads. Measure 82 is a bad way to pay for roads. Measure 82 is a huge tax bill created by the legislature, with Under Measure 82, my small Oregon business would get hit with lobbying pressure of national trucking interests. It was crafted to a 60%increase in road taxes.That's another$47,000 in taxes in meet two goals: fees.At the same time,Measure 82 would give long-haul trucking 1. Increase the amount of money for state and local govern- companies millions in tax breaks. ments. I believe in paying my fair share of taxes for the wear my trucks do 2. Eliminate our 50-year-old weight mile truck tax system to to Oregon's roads. That's why I believe we should keep the give big trucking companies a tax break. system we have for taxing all large trucks in Oregon.The weight- mile tax system we have is fair and has worked well for over 50 But the cost to Oregonians: years in getting heavy trucks to pay their fair share for the wear ` Measure 82 would force Oregon motorists to pay more than they do to our roads. their fair share. Oregon motorists would pay almost $100 What's unfair is Measure 82.While my taxes and fees go up million MORE per year. 60%, big, long-haul trucking companies would pay millions less than their cost responsible share of our road taxes.The top six Measure 82 would give huge tax breaks to out-of-state trucking long-haul trucking companies would cut their cost responsible companies. Large trucking companies would pay about $50 share of Oregon road taxes by about $6 million a year under million LESS than their fair share per year. Measure 82. Oregonians already pay 24 cents per gallon in state gas taxes. And speaking of unfair,don't believe for a moment that trucks and Measure 82 would add an additional 5 cents per gallon, making cars have to pay their fair share according to our Constitution. our gas taxes the second highest in the nation. Measure 76 from last year simply leaves it up to the legislature to Measure 82 would raise state vehicle registration fees.And it determine who pays what--the same legislature that handed us gives counties the power to raise registration fees even this unfair tax bill called Measure 82. higher--without another vote of the people. Small businesses like mine will be hit hard.But there are only ` Measure 82 sets a 29-cent state diesel tax,which would make hundreds of small businesses to pick up some of the slack big Oregon diesel fuel costs higher than neighboring states. Long- trucking companies would get with Measure 82. haul truckers would probably buy their fuel in other states,poten- But there are lots of car and pickup drivers who will pay the$100 tially leading to some diesel tax evasion. million more in taxes and fees to pick up the difference. Measure 82 raises vehicle registration fees for some Don't buy this tax shift. Let's all continue to pay our fair share. Oregon-based trucks as much as 1400%. But some other Let's keep the weight-mile truck tax we have. Vote NO on Oregon companies got exemptions for their trucks from the Measure 82. legislature. Rick Franklin Please visit our Web site at www.gastaxes.com for an in-depth Lebanon study and more information about this unfair gas tax increase measure. (This information furnished by Rick Franklin,Rick Franklin Corporation.) In a nutshell, Measure 82 has so many holes it won't work.Let's keep the fair system we have where everyone pays their fair share to have good roads. Vote NO on Measure 82--it's not the answer. (This information furnished by John Porter,Treasurer,Oregonians Against the Unfair Gas Tax Increase.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 95 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Oregon AAA was compelled to take a stand against the "Measure 82,which would raise our state's gas tax to the second legislature's unfair gas tax increase. highest in the nation,is unfair and wrong.I urge all Oregonians to Oregon AAA recommends a 'NO' vote on Measure 82 -- the loin me in voting NO on the gas tax." controversial gas tax increase.It would unfairly force motorists to Representative Jason A.Atkinson(R-Jacksonville) subsidize big trucks.That's why the long-haul trucking companies Oregon House of Representatives and their allies say they'll spend more than $4 million in their campaign to promote this tax subsidy. (This information furnished by Representative Jason Atkinson.) Here's what Oregonians should know about this unfair tax increase: • Measure 82 would force Oregon motorists to pay more than their fair share.Oregon motorists would pay almost$100 million more per year. • It would give huge tax breaks of about$50 million a year to big trucking companies. • Oregon motorists already pay 24 cents per gallon in state gas taxes and another 18.4 cents in federal gas taxes. Measure 82 would add an additional 5 cents per gallon, making our gas tax the second highest in the nation. • Measure 82 would also raise state vehicle registration fees.And it gives counties the power to raise these registration fees even higher--without another vote of the people. AAA commissioned two independent studies, which were conducted by respected Oregon university economists. Both concluded that Measure 82 is unfair to Oregonians. For more than 95 years, AAA has.supported good roads, but Measure 82 is not the answer. Vote 'NO' on Measure 82, the unfair gas tax increase. Roger L.Graybeal AAA Oregon President (This information furnished by Roger Graybeal,AAA Oregon President.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 96 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Measure 82 is not the answer for our deteriorating roadways.It is Gas Taxes Are Too High Already like borrowing money for a new addition when you can not afford Oregonians currently pay one of the highest gas taxes in the to fix your broken pipes and leaky roof. entire nation. Motorists here pay a whopping 42.4 cents in gas Don't be fooled. Even ODOT's public affairs director said, "The taxes for every gallon of gas they buy(24 cents per gallon state legislature designed Measure 82 toward modernization.In terms gas tax, plus an additional 18.4 cents per gallon federal gas tax.) of preservation or maintenance of the existing system, Here's what 42.4 cents per gallon in gas means to you: Every Measure 82 doesn't address that:'(Daily Journal of Commerce, 3/7/00) time a motorist with an average car pulls into a gas station and fills up the tank he or she pays about$7.00 in gas taxes. Measure 82 is also a double whammy that taxes Oregonians to $7.00 every time we fill up!That's about 30 percent of the cost of accommodate population growth...then ensures higher taxes in the gas. the future by deferring maintenance. Deferring maintenance makes current budgets look good, but is not responsible when Think about it. All those cars. All those gas stations. All those deterioration causes much higher repair bills in the future. tanks of gas.At$7.00 per tank,the money just keeps pouring in. Bringing in hundreds of millions of dollars every year. Are we Worse, going into debt– and further mortgaging our children's supposed to believe our cars do $7.00 worth of damage to the future–requires interest payments that reduces funds needed to roads with every tank of gas we use?Trucks maybe.Cars? No. fix existing roads. Perhaps the most interesting fact about the current 42.4 The measure has useful parts, but raising taxes to build more cents per gallon gas tax is that the revenue it generates is roads when we are not maintaining what we already have will growing dramatically every year.More cars.More drivers.More frustrate gaining support to make things right in the future. gas tax revenue.Year after year. There is an alternative:Vote NO on Measure 82.Then tell your But increasing the gas tax is not all Measure 82 would do.It also state and local representatives to develop a responsible user-pay authorizes doubling our vehicle registration fee. Washington system that does not put off what needs to be done today: voters just voted to lower their vehicle registration fee,and we are • First protect existing communities.Collect enough broad-based being asked to double ours. Perhaps if Measure 82 passes, fuel taxes and registration fees to maintain the roads and Oregon drivers will start registering their cars in Washington bridges we all use. to avoid paying_higher registration fees like Washingtonians used to do here. • Second, make growth pay it's own way! System development I'm not against paying gas taxes to maintain our roads. If more charges and Local Improvement Districts could be used for money was truly needed, I would be willing to pay it.But it's not. many projects on the Measure 82"wish list". The current gas tax and vehicle registration fee are already bring- • Then use tolls or high occupancy lanes to increase capacity ing in more than enough revenue to maintain our roads. and relieve congestion on major highways. That's why I'm voting"No"on Measure 82. If the user-pay approach makes sense to you,vote NO on 82. (This information furnished by Bill Sizemore,Oregon Taxpayers United.) If protecting existing communities rather than subsidizing growth makes sense to you,vote NO on 82. (This information furnished by Bill Atherton,Metro Councilor Dist.2.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 97 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82' ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION FOLLOW THE MONEY TRAIL EMPTY PROMISES There is a good reason why some in the trucking industry are The sponsors of Measure 82 are promising new road and bridge pouring so much money into the slick campaign in support of improvements, if we voters will just increase gas taxes and Measure 82.Measure 82 will give them millions of dollars in tax vehicle registration fees.Sounds good until you read the fine print. breaks. When you read the fine print, you find that the gas tax bill was Sure, the Oregon Constitution requires trucks to pay their fair written so that most of the increased gas tax revenue will disap- share.But that requirement applies to the trucking industry as a pear into the "black hole" known as ODOT, the Oregon whole. Within that industry, though, small local trucking Department of Transportation. companies will see their taxes go up–as much as 570%for some For example, Newberg/Dundee in Yamhill County will get the –while some big out of state companies will see their taxes cut in half. bypass they have been wanting for decades,right?Sounds like it, until you read the fine print.What they will get is another multi- Now you might see a few Oregon trucking companies supporting million dollar study of the feasibility of a bypass.That's right.Just Measure 82.That is because they negotiated special exemptions another bypass study to add to the pile of other bypass studies that shift the tax burden to others. Tow trucks, manufactured that have been done already. housing trucks, dump trucks, logging trucks, recycling and Another reason the promises of new road projects are nothing but garbage trucks,and concrete trucks got exemptions worth at least promises is that a lawsuit has been filed by a land-use watchdog $30 million a year.The other Oregon trucking companies get to group,claiming that the list of proposed projects violates Oregon make up the difference. land use policy. Until that lawsuit (and any appeals) is resolved, "Oregonians for Fair Highway Taxes"and"Fair Funding for Better we will not know whether the projects we are being promised Roads"are just names made up by a group of truckers, bureau- would be allowed,even if ODOT was serious about building them. crats, highway construction companies, and others who will Finally,why give more money to ODOT?The Oregon Department financially benefit from Measure 82. The names are meant to of Transportation is the most wasteful, inefficient department of make you believe that this effort to eliminate the weight mile tax state government. They are the last department that deserves comes from the grassroots in an effort to make things more fair.It is neither grassroots nor fair. more of our hard-earned tax dollars. Do you really believe that trucking companies would spend tons For example:Even though they haven't built 50 miles of new roads of money to pass a tax increase on themselves just to avoid doing in the last ten years, ODOT employs one full-time, high salaried the paperwork involved in the current f&weight-mile system?No. engineer for every eight miles of road in Oregon. And they still There is just one reason why they want this measure to pass: It contract out engineering projects to private companies. will save them money. Unbelievable! Meanwhile,we motorists will be paying 20%more. At ODOT they study a lot of things.They build almost nothing.And when they do,it is usually a bike path or a park and ride facility for (This information furnished by Becky Miller,Oregon Taxpayers United.) those riding buses and light rail. Vote NO on Measure 82.It won't get you more roads–only higher taxes. (This information furnished by Kelfi Highley,Oregon Taxpayers United.) 4 (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 98 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION THE STATE DOESN'T NEED THE MONEY DON'T APPROVE THIS COSTLY TAX INCREASE This current budget cycle, the revenue flowing into the state's Now is not the time to increase gas taxes,when gas prices have coffers increased by about a billion and a half dollars!That's an already climbed so high and are expected to keep rising through increase of about three to four times the rate of inflation.So why the summer.It's a regressive tax that is bad for consumers. raise gas taxes 20.8 percent and double vehicle registration fees? Why increase the tax burden on the people of Oregon at a time More than many industrialized nations, American commerce when current revenue sources are producing a billion and a half depends upon stable transportation costs, especially for roads. dollars in additional revenue every two years? And that is why the increase in fuel prices over the past several months is so dangerous.The more trucking companies must pay If more money was needed to maintain our highway system,why to transport goods, the more those goods will cost consumers, didn't the legislature dedicate some of the huge increase in and the less money Americans will have for other needs. income tax revenue to roads, rather than increase gas taxes and Gasoline taxes have been rising steadily for the past two decades. vehicle registration fees?With our gas tax already one of the high- est Oregon saw a burst of gas to increases several years ago that folks who have to drive to woor in the nation, why place r unnecessary burden on all those doubled gas taxes.Over the last ten years,state and federal gas folk or drive the kids to school every taxes combined have risen b near) 50% to 42.4 cents per day? y y p gallon in Oregon. That doesn't even include local gas taxes Before you vote on Measure 82, consider this: If the growth of charged by cities and counties. funding for schools, parks, prisons, and all other state programs Taxpayer groups around the country are calling for a reduction in had been increased at the rate of inflation,there would have been the federal gas tax, in part because the tax is so regressive.A hundreds of millions of dollars left over to spend on roads without increasing gas taxes or registration fees. recent study by the Tax Foundation showed that these kinds of taxes are five times more burdensome for lower-income house- But the governor and the state legislature would not limit the holds than they are for wealthy households. growth of the state bureaucracy. Instead they increased agency The same should be done in Oregon, where the poorest budgets at three times,four times,and even five times the rate of Oregonians-who also have to drive to work,shop,play,and visit inflation.Because they couldn't control their spending habits,the their doctors - will pay an ever greater percentage of their rest of us have to pay more gas taxes at the pump and twice as incomes to do so. much every time we register our cars. Don't be fooled by all those clever ads paid for by the trucking Increasing the gas tax in Oregon will hurt consumers,businesses, companies and contractors who stand to gain financially from and taxpayers-especially low-income taxpayers.That isn't right. Measure 82.Don't vote to increase taxes and vehicle registration Vote NO on Measure 82. fees by hundreds of millions of dollars when state spending is so (This information furnished by John Berthoud, Ph.D., President, National out of control and the state is flush with cash. Taxpayers union.) (This information furnished by Bill Sizemore,Oregon Taxpayers United.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. accuracy or truth of any statement made in the argument. 99 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Statewide Measures Measure No. 82 Measure No. 82 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION THE LEGISLATURE SOLD US OUT Fellow Oregonians: TO THE OUT-OF-STATE TRUCKERS I believe each of us who use our roadways have an obligation to With so much money pouring in from Oregon's gas tax,one of the help pay for their creation and maintenance.That is not at issue. highest in the entire nation,why do the legislators in Salem want What is at issue is a$600 million tax increase,and one that hurts you and me to pay more at the pump? Is it because the Oregon lower income people significantly more than it does those of Department of Transportation doesn't have enough money to higher income. maintain our highway system?Hardly.Revenue from the existing Some will say we have not increased gas taxes in many years. gas tax is way up. They forget to mention prior to that time we had tax increases nine Measure 82 is not even about building and maintaining roads. consecutive years that raised the tax more than 100%. Measure 82 is about the ability of lobbyists to get the They will not tell you the department receiving this$600 million Legislature to do their bidding. It's about back room deals and budget increase already has a staff bloated with excessive trades. numbers of designers and engineers.This is a jobs bill,plain and The reason the state Legislature approved a whopping 20.8 per- simple. Moreover, it comes during the longest economic cent increase in,the gas tax and a 100 percent increase in our expansion in U.S. history, when we will pay top dollar to have vehicle registration fee is because they were lobbied to do so by these projects completed. the powerful trucking industry.The trucking industry wanted to get You might ask, how did the Oregon Legislature pass this rid of Oregon's weight/mile system that charges trucks based on measure?It might be helpful to get an inside look at the process. their weight and the number of miles they travel on Oregon roads. Tax measures typically move through the Revenue committees of The truckers wanted to replace the weight/mile system with one both the House and the Senate.They also receive scrutiny from that charges them a diesel tax instead.The 20.8 percent gas tax substantive committees, in this case the Transportation commit- increase and 100 percent vehicle registration fee increase were tees.This gas tax package, however,took a different route. just part of the deal.The truckers agreed to support a gas tax Following the votes in the House, not only did one of the largest increase if the Legislature would get rid of the truckers' tax increases in Oregon history not pass through the Senate weight/mile tax. Revenue committee(of which I was vice-chairman), members of Those of us who drive cars and buy gas were merely pawns in the the Senate Transportation committee were removed and replaced negotiations between the politicians who wanted more money and in order to have enough votes to get the bill to the Senate floor. the lobbyists for the trucking industry who were paid to get rid of In Oregon we pride ourselves on doing things above board, not the weight/mile tax. sleazy backroom politics just to keep big business and the labor There are two sides to the weight/mile debate. The current unions happy. weight/mile system is fair, but is extremely awkward and burden- Send a resounding voice of disapproval to your elected officials some for truckers.The paperwork requirements truckers face are reminding them their obligation is to serve the people of this state, enormous. not the special interests.Vote NO on Measure 82. But there is no justification for increasing gas taxes and Senator Thomas Wilde registration fees on the rest of us,lust so the truckers can get rid of a weight/mile system they don't like. (This information furnished by Senator Thomas Wilde.) (This information furnished by Stuart Miller,Oregon Taxpayers United.) (This space purchased for$500 in accordance with ORS 251.255.) (This space purchased for$500 in accordance with ORS 251.255.) 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 the ment by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. [accuracy or truth of any statement made in the argument. 100 Official 2000 Primary Election Voters'Pamphlet—General Information Duties and Responsibilities of Democratic Precinct Comm itteepersons A message from Democratic Party of Oregon Chair Jim Edmunson. Do you want to make a difference in your community?Do you want government to be more responsive to average citizens and less influenced by big money interests? Are you concerned about the steady decline in voter participation or the increasing apathy of younger voters?Do you believe we all have some responsibility in shaping sound public for Oregon's future? If you answer YES to any of these questions,then being a Democratic Precinct Committeeperson is the most important thing you can do this election cycle.I invite you to join me as a proud shareholder of the most successful political party in America! As a precinct leader, you have the power to effect change.You play an instrumental role in carrying the Democratic message directly to voters,you keep our candidates informed on local issues,and your hard work is the difference in close races.Together as Democrats,we will make Majority 2000 a reality and return responsible leadership to Congress and the Oregon Legislature. This year our precinct leaders are charged with a special mission to reach out beyond Democratic voters. In the May 16, 2000 Primary, the Democratic Party of Oregon has invited all non-affiliated voters (nNAVs) to participate.These voters do not currently belong to any political party organization,but represent a vital segment of Oregon's electorate.We need to aggressively educate and encourage these voters to vote Democratic! There is no more powerful political force than the voice of a citizen.You are the reason Oregon is a special place.It is not enough to be willing to defend liberty–we must fight to win it, again and again.We must rage at injustice and never sit idle when ignorance threatens freedom. On behalf of the Democratic Party of Oregon, thank you for your interest, I applaud your dedication, and I look forward to working together as we march to victory in November! Respectfully, Jim Edmunson,Chair Precinct Committeeperson Requirements: 1.Be a registered to vote as a Democrat. 2.File a Statement of Candidacy with your county elections office or attend your local Democratic County Central Committee to request an appointment. 3.Represent the precinct you live in,or one adjacent to it. 4.Serve a two-year term. 5.Once on the ballot,you must receive at least 3 votes to be elected. Opportunity and Privileges: 1.Serve as a delegate to the Congressional District Convention,State Convention and the Democratic National Convention. 2.Be an automatic voting member of your county Central Committee. 3. Represent the Democratic Party to your neighbors,and represent voters'interest to the party. 4.Serve as an elector when vacancies occur for State Democratic office holders in an unfinished term of office. 5. Participate in the open elections at the county reorganization meetings. 6. Participate in the State Platform Convention. 7.Canvass your precinct for Democratic candidates. 8. Register and turnout voters in your precinct. A New Democratic Agenda For the 21 st Century: • Ensure high quality education for all Oregon children • Affordable comprehensive health care,which is accessible to all. • A resource management program that provides for a robust economy and a healthy environment. • A discrimination-free society. • A fair,progressive tax system for all individuals and corporations. • An economy that supports family-wage jobs, access to child care, incentives for small business, and programs that promote a skilled and educated work force. For more information contact: Democratic Party of Oregon,4445 SW Barbur Blvd., Suite 105, Portland,OR 97201 Phone:(503)224-8200, Fax:(503)224-5335 Please visit our Website at www.dpo.org (This information furnished by the Democratic Party of Oregon.) 101 Official 2000 Primary Election Voters'Pamphlet—Democratic Candidates United States President United States President ' AL LYNDON H. ' GORE LAROUCHE,JR. Democrat - Democrat OCCUPATION:Vice President ? OCCUPATION: Economist; s: of the United States Founder&Contributing Editor, Executive Intelligence Review. OCCUPATIONAL M. BACKGROUND:Vice President OCCUPATIONAL of the United States, 1992- BACKGROUND: Management Present;United States Senator, Consultant, Economist 1947-48, Tennessee 1984-92;United 1952-72;Founder:(1974) States House of Representatives,Tennessee 1976-84;Reporter, Executive Intelligence Review magazine; Co-Founder: (1975) The Nashville Tennessean, 1973-76; United States Army, Fusion Energy Foundation;Member,Schiller Institute 1969-71 (Vietnam) EDUCATIONAL BACKGROUND: Rochester, NH and Lynn, MA EDUCATIONAL BACKGROUND: I graduated from Harvard in public schools; attended Northeastern University 1940-42 and 1969 with a B.A.in Government.After graduating,I enlisted in the 1946-47. United States Army.I returned and attended Vanderbilt School of PRIOR GOVERNMENTAL EXPERIENCE: None. Religion(1971-72)and Vanderbilt School of Law(1974-76). PRIOR GOVERNMENTAL EXPERIENCE:Vice President of the Lyndon H.LaRouche has emerged as one of the most contro- United States, 1992-Present; United States Senator, 1984-92; versial international political figure of his time. United States House of Representatives, 1976-84;United States His work as an economist has always intersected a commit- Army, 1969-71 (Vietnam) ment to "a just new world economic order:" the urgency of To the Citizens of Oregon: affording developing sector nations their full rights to perfect national sovereignty, and to access to the improvement of their Over the past seven years,America has seen an extraordinary educational systems and economies through employment of the period of economic growth.Our success is the result of the hard most advanced science and technology. He continues U.S. work of the American people, together with the right policies by President Franklin Roosevelt's quarrel with the policies of the government – pursuing fiscal discipline while investing in our British Empire on these same issues. people. I want to be your president to continue and expand that LaRouche's domestic and foreign economic policy is aligned winning formula to benefit all Americans.As president I will: with the tradition of the"American System of political economy:" • Continue the nation's economic growth with low unemployment the policies of Benjamin Franklin, Alexander Hamilton, and and inflation rates, preserve Social Security and pay off the Abraham Lincoln. He has always supported policies associated national debt by 2013 to keep interest rates down; with that tradition's emphasis upon fostering investment in scien- • Bring revolutionary improvements to our public schools, tific and technological progress, and the development of basic including universal preschool, more and better-trained teachers, economic infrastructure to the benefit of all. greater school accountability, improved school buildings and LaRouche has warned of the virtual inevitability of a long-term, technology and helping families save for higher education; downward slide into a global financial and monetary crisis unless • Expand health care step-by-step, starting with children and certain specific types of changes in economic, financial, and their working parents, expanding the tax deduction for private social policies were introduced. health insurance premiums,preserving Medicaid and strengthen- LaRouche's remedy: a) a return to the best features of the ing Medicare with a prescription drug benefit; Bretton Woods system; b) the general replacement of central Protect our environment and promote livable communities; banking by the kind of national banking Treasury Secretary • Alexander Hamilton attributed to the U.S. Constitution's implica- • Support development of high technology and bridge the tions; c) a just new world economic order as a new quality of "digital divide";and partnership among sovereign nation-states;d)emphasis on large scale development of basic economic infrastructure, adequate • Strengthen our national defense through prudent spending food-supplies, and fostering of growth of per-capita productivity increases for military readiness, advanced weapons systems, through investment in scientific and technological progress. and quality of life benefits. With your help,we can make an America that is not just better (This information furnished by LaRouche's Committee for a New Bretton Woods.) off,but better in every way.I ask you for your support. (This information furnished by Gore 2000.) 102 Official 2000 Primary Election Voters'Pamphlet-Democratic Candidates Representative in Congress Secretary of State 2nd District y WALTER BILL PONSFORD -- BRADBURY g Democrat Democrat OCCUPATION: Farmer OCCUPATION: Secretary of State OCCUPATIONAL BACKGROUND: Retired OCCUPATIONAL Teacher BACKGROUND: Executive Director of the diverse coalition, EDUCATIONAL For the Sake of the Salmon; BACKGROUND: BS,Oregon television journalist;business College of Education;MA, University of Oregon owner of a restaurant and a video production company PRIOR GOVERNMENTAL EXPERIENCE: ESD board member; EDUCATIONAL BACKGROUND: graduate of University of State Advisory Council for Citizen Review Boards Chicago High School;attended Antioch College Fellow Oregonians: PRIOR GOVERNMENTAL EXPERIENCE: Senate President In Congress I will fight to erase the massive national debt while 1993-1995; Senate Majority Leader 1987-1992; State Senator supporting sound economic policies.I will focus on the needs of 1985-1995;State Representative 1981-1985 those left behind in our great economy and will work for family Bill Bradbury wage jobs,and affordable quality childcare. Oregon's Secretary of State Access to healthcare must be a right for all.In Congress I will fight A PROVEN OREGON LEADER the pharmaceutical companies to legislate fair costs for prescrip- Experienced and Knowledgeable tion medications.Our senior citizens should not have to choose Secretary of State Bill Bradbury is a hands-on state execu- tive who served Oregonians for 14 years in the Legislature. We must invest in our children.I will fight for money for Oregon's Accountable and a Person of Integrity public schools.We must bring an end to the wave of bloodshed "a political pro with a lot of integrity" The Oregonian and keep our students safe. (October 3, 1999) As a life long hunter, I will fight for the rights of responsible gun Objective and Unbiased owners. We must strike a balance to keep guns away from Bill built consensus at the Legislature and brought divergent lawful citizens to own guns. children and out of the hands of criminals,yet ensure the rights of views together at For the Sake of the Salmon.He's"a quin- tessential consensus builder.' The Oregonian(January 17, The United States provides about half of the funding for all of the 1993). world's defense.Our Republican Congress wants to increase that A PLAN FOR BETTER,SMARTER STATE GOVERNMENT amount. I will fight to keep those tax dollars at home, while ensuring significantly increased compensation to past and Promoting Efficiency and Performance present members of the military. As chief auditor of Oregon, Bill ensures that your tax dollars Current trade policy ignores fair trade and costs American jobs. are not wasted. He rewards performance and demands Under Republican leadership our farming communities are dying. improvement where needed. U.S. Farmers receive just three cents from a two-dollar loaf of Fair and Honest Elections bread.I will fight to end that disparity, and promote the recovery Bill takes a nonpartisan approach to Oregon elections -- of our once stable farming economy. candidates and initiatives alike. He strives to get young The Republican Congress says it's for states rights, but is people to participate in Oregon's democracy. squashing the decisions of Oregon voters. I have reservations Responsible Land Management about assisted suicide, but respect the right of Oregonian's to As 1 of 3 members of the State Land Board,Bill fights to pro- decide what is right for us through our initiative process. tect Oregon's natural heritage. I ask for your support.Vote Walter Ponsford for US Congress. A PUBLIC SERVANT OREGONIANS CAN TRUST (This information furnished by Walter Ponsford.) Bill Bradbury has spent most of his adult life addressing issues facing Oregonians.He was the chief architect of legislation creat- ing:the Salmon and Trout Enhancement Program(STEP);Small Business Development Centers at Community Colleges; Oregon's Ocean Plan; and the Wood Products Competitiveness Commission.Bill is energetic and gets things done. He has been married 13 years and has two grown daughters. "Bill Bradbury is an experienced,fair and effective leader. Oregonians can count on him to be a strong and sensible voice in state government."-Governor John Kitzhaber Find Bill on the Web at www.bradbury2000.com. (This information furnished by Friends of Bill Bradbury.) 103 Official 2000 Primary Election Voters'Pamphlet—Democratic Candidates State Treasurer State Treasurer GARY RANDALL BRUEBAKER EDWARDS Democrat Democrat OCCUPATION:Oregon P OCCUPATION:Small { Deputy State Treasurer e � Business Owner,Oregon State Representative OCCUPATIONAL BACKGROUND:Certified OCCUPATIONAL Public Accountant,Certified BACKGROUND:Oregon State Cash Manager,Chartered Treasury, Director of Policy Financial Analyst. and Communications EDUCATIONAL BACKGROUND: MBA, University of Oregon; EDUCATIONAL BACKGROUND: Master of Business Admini- Bachelor of Science in Business Administration, Oregon State stration,George Washington University;BA, Economics University. PRIOR GOVERNMENTAL EXPERIENCE: Vice Chairman, PRIOR GOVERNMENTAL EXPERIENCE: Director of Cash Oregon State Debt Advisory Commission; Oregon State Management,Treasury; Controller, Housing Department; Senior Representative, Revenue Committee, Special Committee on Auditor,Oregon Audits Division. School Finance; U.S. Commerce Dept., Analyst; Congressional GARY BRUEBAKER...The Skills and Qualifications You Trust Aide to Manage Your Family's Finances: Personal:Married,father of three children • 22 years of financial management experience "Randall Edwards is without question the best qualified can- * Certified Public Accountant - didate for Treasurer.He has the financial background for the • Deputy State Treasurer for seven ye#rs job plus a strong record of fighting for values we share, • Certified Cash Manager working effectively for better-funded schools, seniors and GARY BRUEBAKER...A Proven Record Managing the State's families.I'm proud to support him:' $49 Billion Investment Portfolio: --former Governor BARBARA ROBERTS • Increased investments 111%,up$25 billion in 7 years. Randall Edwards:A Financial Leader • Decreased State Debt$1.5 billion,saving Oregon millions. • Improved state's credit rating to best in two decades. As State Representative and Treasury Policy Director, Edwards • Increasing school funding $24 million this year through has already made the Treasurer's office work for Oregonians: Common School Fund. • Edwards' bill reducing bond interest for school districts will Gary Bruebaker is a professional financial manager who knows save taxpayers$69 million. how to manage, save and invest our tax dollars...not a politician who spends your tax dollars. • Edwards managed the Oregon Retirement Task Force,helping Oregonians find ways to save for retirement. Gary Bruebaker is Endorsed by State Treasurer Jim Hill and Most of Oregon's County Treasurers. • Edwards created Oregon's new College Savings Plan, using the Treasury to allow Oregonians to save $2,000 a year for "With his background in financial management, Gary Bruebaker college,tax-deferred. has the experience I trust to manage Oregon's$49 billion invest ment portfolio. That's why I endorse Gary Bruebaker for State "Randall Edwards has a reputation as a sound financial Treasurer." manager.He will wisely invest our tax dollars:' State Treasurer Jim Hill --Pamela Leavitt,VP-Oregon Credit Union League GARY BRUEBAKER...Solving School Funding Problems Randall Edwards:Fighting For Our Priorities Under Bruebaker's leadership.Treasury: Edwards tackles issues we care about: • Put more dollars into the classroom by increasing Common School Fund 250%. • Edwards is a champion for better-funded schools. He spon- • Saves taxpayers hundreds of thousands in property taxes sored legislation requiring school district audits to put cost sav- through the School Bond Guaranty Program. ings into classrooms. • Implementing program giving tax breaks to parents saving . Edwards will continue his fight to lower property taxes for for their children's college education. seniors. GARY BRUEBAKER...Supporting Oregon Seniors • Edwards will invest state pension money in the safest and most As Treasurer.Bruebaker will: prudent way. • Expand programs to educate Oregonians how to save for retirement. "Randall Edwards'work on pensions and property taxes has • Establish task force to help seniors and public avoid financial earned him the support of Oregon seniors:' scams. --Doug Ellis,Oregon State Council of Senior Citizens • Work to protect Social Security benefits. WE ENDORSE RANDALL EDWARDS(partial list) • Cut government waste through cash management audits. VOTE GARY BRUEBAKER FOR STATE TREASURER former Congresswoman Elizabeth Furse Elect an Experienced Finance Professional former Secretary of State Phil Keisling to Take Care of Your Tax Dollars. State Senators Susan Castillo(D-Eugene) State Senator Tony Corcoran (D) (This information furnished by Bruebaker for State Treasurer Committee.) OPEU(supporting endorsement through the Oregon State Council of SEIU) (This information furnished by Randall Edwards.) 104 Al Official 2000 Primary Election Voters'Pamphlet—Democratic Candidates Attorney General State Senator 27th District HARDY ANNE N. MYERS PHILIBEN Democrat Democrat OCCUPATION:Attorney OCCUPATION: Retired Army General Officer LTC(Nurse Corp)Viet Nam Veteran,Small Business OCCUPATIONAL Owner. BACKGROUND:Attorney OCCUPATIONAL EDUCATIONAL BACKGROUND: Director of BACKGROUND: Bend, Nursing,Weed Army Hospital Prineville schools;University of Mississippi;University of Oregon National Training Center, Ft. Irwin CA; Asst. Director of Nursing Law School Frankfurt Army Medical Center, Director of Maternal Child PRIOR GOVERNMENTAL EXPERIENCE:State Representative, Nursing King Faisal Specialist Research Hospital Riyadh Saudi House Speaker; chair, Oregon Criminal Justice Council; State Arabia; Researcher Women in the Army Studies (MAX WAX) Sentencing Guidelines Board; Commission on Judicial Branch; Army Research Institute, Washington DC; Project officer chair,Metro Charter Committee,Task Force on Mass Transit Renovation and Reconstruction Nurnberg US Army Hospital Nurnberg Germany;Research Nurse King Veteran's Home, King PERSONAL: Hardy and Mary Ann have three sons, Hardy III, WI;Waupaca County(WI) Immunization coordinator Christopher and Jonathan. EDUCATIONAL BACKGROUND: Diploma Nursing Presbyterian RE-ELECT HARDY MYERS St. Luke's Hospital School of Nursing (Rush University Chicago, YOUR DEDICATED ATTORNEY GENERAL IL);Bachelors of Science in Nursing Medical College of Georgia Hardy Myers was elected Attorney General after long legal prac- Augusta GA; Master of Nursing in Nursing Administration University of Washington Seattle,WA tice combined with distinguished public service. As House Speaker,surveys rated him Oregon's most outstanding legislator. PRIOR GOVERNMENTAL EXPERIENCE: Twenty two years in Governors and others relied on his mature judgment on panels to the military improve court procedures, strengthen criminal sentences, and POLITICAL CONCERNS draft Metro's charter. My expertise in the health care field and nursing will allow me to As Attorney General, Hardy has vigorously led Oregon's make a real contribution to the Senate. Department of Justice in: CHILDREN:The number of children who have inadequate food, • working to keep government open and honest shelter,parenting and health care is a major concern.My edu- cation and unique experiences give me insights into those • aiding prosecutors and other law enforcement to punish or problems and the ability to contribute to the solutions. prevent crime • defending criminal convictions against appeals EDUCATION Public education for all citizens is what has made • expanding crime victims assistance this country great.resolutions must be found to ameliorate the • obtaining needed child support for over 200,000 children problems in the system.The legislature must work in harmony • fighting consumer scams, especially against older with the executive branch to correct the educational dilemmas Oregonians currently faced in Oregon. • successfully pursuing Oregon's historic lawsuit against the SENIORS CITIZEN'S We must find a way to make health care tobacco industry and medications affordable for Senior Citizens.1 have the edu- • fighting Medicaid fraud and safeguarding honest conduct of cation and experience to look for answers. charitable corporations COMMITTED TO STRONG LEADERSHIP (This information furnished by Anne N.Philiben.) Hardy will continue his non-partisan leading role on public issues, including school safety, domestic violence, crime victims ser- vices, teen smoking reduction, enhanced consumer protection, more funds for prosecutors,campaign finance reform and judicial independence. Voters can trust Hardy to continue fighting for good government. HARDY MYERS:BROAD-BASED SUPPORT Hardy's supporters include statewide leaders like Ron Wyden, John Kitzhaber, Barbara Roberts, Neil Goldschmidt;prosecutors like Michael Schrunk, Doug Harcleroad, Mark Huddleston, Mike Dugan; Legislators like Avel Gordly, Susan Castillo; and leading citizens throughout Oregon. He has earned your renewed support. For more information see www.hardymyers.com (This information furnished by Re-elect Attorney General Hardy Myers.) 105 s Official 2000 Primary Election Voters'Pamphlet—Democratic Candidates State Representative State Representative 54th District 55th District KEN DOUGLAS COOPER DUNLAP Democrat Democrat OCCUPATION: Retired teacher OCCUPATION: Forest Engineer OCCUPATIONAL OCCUPATIONAL BACKGROUND: High School BACKGROUND: Forest Road teacher,Oregon National Engineer,Confederated Tribes Guard, logger,small business of Warm Springs;Contract owner Supervisor,Warm Springs Forest Products Industries; EDUCATIONAL BACKGROUND: B.S.(Education), University of Aviation Electronics Technician, U.S.Navy 1968-73 Oregon; NE London Polytechnic School (England), Political EDUCATIONAL BACKGROUND: AS in Forest Technology, Science;Oregon Technical Institute, Electronic Technology Southwestern Oregon Community College; BS in Forest PRIOR GOVERNMENTAL EXPERIENCE: Chair, Bend Library Engineering,Oregon State University Advisory Council;Co-Chair,County Committee for Public Library PRIOR GOVERNMENTAL EXPERIENCE: Mayor of Metolius Systems; Bend-LaPine Technology Team; County Library 1995-96& 1999-present;Metolius City Council 1991-94& 1997- Outreach Program for children and homebound seniors 98; Board Member, Central Oregon Intergovernmental Council Community Involvement: Chair, State Legislative Council, 1993-present American Association of Retired Persons (AARP); State CIVIC INVOLVEMENT: Central Oregon Community College President,Oregon Association of Classroom Teachers Forestry Advisory Committee; Society of American Foresters; KEN COOPER–LOYAL TO OUR AREA, Madras Elks LISTENING TO OUR NEEDS. Doug Dunlap-working together for stronger communities Providing opportunities for our children's future A quality education for every Oregon student is my highest As a teacher,I know our schools can do better if we make greater priority.As the son of a timber faller from southwestern Oregon, I educational opportunities for our children a priority. We must know the benefits of a small class size and increased teacher provide the tools students need to reach higher academic availability.As a graduate of a community college and a university, standards and reduce class sizes so students and teachers can I understand that both play important roles in higher education focus on education.Strengthening community programs for youth will help them become responsible citizens for our future. Rural Oregon's strength comes from its families.Strong families make access to an affordable college education will be a top priority. strong communities, so we must support them by providing Promoting prosperity and livability quality,affordable healthcare,and provide opportunities to earn a Oregon's natural resources and quality of life attract residents, fair wage and guarantee their safety on the job. tourists and business.Working to protect livability while increas- As councilmember and mayor of a small city, I believe that ing economic prosperity helps all of the people in our region.Let's government can be responsive to the needs of its constituents make sure our economic needs and our desire to preserve and responsible for investing wisely in its future. This same Oregon's natural beauty march into this new century hand in experience has galvanized my belief that the government closest hand. to the action is best suited to provide for peoples'needs. Healthy families mean strong communities Central Oregon is known around the world for it's clear water, Seniors shouldn't have to choose between buying medication and clean air and the beauty of its forests. In order to leave this her- buying food.Working families shouldn't have to choose between itage of natural beauty for future generations,we must insure that paying mortgage and having health insurance. I support the natural resources are used as they are best suited while still hold- Oregon Health Plan and better insurance coverage for Oregon's ing strong against the pressure to weaken Oregon's land use children. laws. Working for responsive and responsible government "With his involvement with local and regional issues he is I'm retired on a fixed income and know the financial burden of prepared– I believe that Doug represents my interests and the taxes and how to live within a budget. I will listen to all of the interests of the voters of District 55:' people of my district to set responsible priorities for our tax - Jeffery Sanders, Sr. dollars. State government should strengthen families and Jefferson County School Board communities by helping them find local solutions. (This information furnished by Douglas Dunlap.) (This information furnished by Citizens for Ken Cooper.) 106 Official 2000 Primary Election Voters',Pamphlet—General Information Congressional Map < 1 3 I ° I I Ylu/ < i I uj W x l r • < .J z < J Y 1 � I I S < z i I z 7 < I • ---� 0 . I I a r--------- I I I U W Wx I Y J I ✓^� I I ° I I Y O I I z I i I < _ J W I O Imo . " r N Q 0ci v i �I �_J I -------- z LL V) I w• r_ .I I I O O I M v (— `------— �Cf) w c W I I �' I N I < V / o� 1 w I I . 1 < I K VI D I < • 1 1 � \L < I J ry = z z L f ----------- O < J J I O U f = Y U O u � Y J O ( � • � y�_ < f < � } a rj�l Ii � U _ •� I o —/ —L_ u O Cr I ZO Z z • ° !rte r o z o 0 0 z O V I I# NF U) Co M O WV WU Y w Cr cc Cr Cr F- JO.N.O N O UO U025 U I C I I 107 1 Official 2000 Primary Election Voters'Pamphlet—General Information Duties and Responsibilities of Republican Precinct Comm itteepersons a Precinct committeemen and committeewomen are the grassroots representatives of the Republican Party in Oregon. Precinct Committee Persons(PCP)"put a face"on the party in their neighborhoods and communities,attend regular meetings of their county Republican central committee–helping to set the party agenda in the county–and help to spread the Republican message at the local level. As a PCP you have a voice in selecting Republican Party leadership in your county,the state and nationally,you will help select your county leadership–or may even seek a leadership position yourself.County leaders in turn help select the state party leaders who in turn participate on the Republican National Committee and elect the national party leaders. PCPs also select Oregon delegates and alternates to attend the Republican National Convention. PCPs are often called on by Republican candidates to help with grassroots campaigning.You may be asked to"walk"your precinct with a candidate,introducing the candidate to friends and neighbors.Or,you may be asked to distribute campaign materials.You will become the Republican Party in your community. PCPs should feel comfortable with these basic principles of the Republican philosophy: •Republicans believe the strength of our nation lies with the individual and each person's dignity, freedom, ability and responsibility must be honored. •Republicans believe in equal rights, equal justice and equal opportunity for all, regardless of race, creed, sex, age or disability. •Republicans believe that free enterprise and encouraging individual initiative has brought this nation opportunity, economic growth and prosperity. •Republicans believe government must practice fiscal responsibility and allow individuals to keep more of what they earn. •Republicans believe the proper role of government is to provide for the people only those critical functions that cannot be performed by individuals or private organizations,and that the best government is that which governs least. •Republicans believe the most effective, responsible and responsive government is government closest to the people. •Republicans believe Americans must retain the principles that have made us strong while developing new ideas to meet the challenges of changing times. •Republicans believe Americans value and should preserve our national strength and pride while working to extend peace, freedom and human rights throughout the world. •Republicans believe our party is the best vehicle for translating these ideals into positive and successful principles of government. This fall, Oregon Republicans will work to retain and extend our majorities in both chambers of the Oregon Legislature, send new Republican representatives to the United States Congress and elect a Republican state Treasurer, Attorney General and Secretary of State.PCPs will have key roles in bringing about these victories. While Republican precinct persons are encouraged to support the candidates of their choice in the primary election, it is expected that PCPs–as representatives of the party–during the general election will support all Republican candidates receiving the party's nomination. If you would like more information about the Oregon Republican Party, or would like to be more involved with the GOP in Oregon, please call our state party headquarters at (503) 587-9233. You may send e-mail to info @orgop.ora or visit our website at www.oraop.ora Perry Atkinson Chairman,Oregon Republican Party PO Box 789 Salem,OR 97308 (This information furnished by the Oregon Republican Party.) 108 Official 2000 Primary Election Voters'Pamphlet—Republican Candidates United States President United States President GEORGE W. ALAN BUSH KEYES Republican Republican OCCUPATION:Governor of OCCUPATION: Former Texas. E� � Ambassador,Author, Commentator,Statesman y` OCCUPATIONAL BACKGROUND: F-102 Pilot, OCCUPATIONAL Texas Air National Guard;CEO, BACKGROUND:Ambassador%Bush Exploration;Senior Keyes,author,columnist and Adviser to 1988 Bush commentator,earned his Ph.D. Presidential Campaign; Managing General Partner, Texas in government affairs from Harvard, and served as interim Rangers Baseball Team President of Alabama A&M University. His political activism has EDUCATIONAL BACKGROUND:Yale University, B.A.; Harvard embraced two GOP nominations for U.S. Senate in Maryland, University, M.B.A. and the Chairmanships of two federal PACs – Black America's Political Action Committee and Life & Liberty PAC.Ambassador PRIOR GOVERNMENTAL EXPERIENCE: Governor of Texas Keyes' tenure as President of Citizens Against Government Dear Oregonian: Waste launched America's annual National Taxpayer Action Day. He is the Founder and Chairman of the Declaration Foundation, I believe government's role is to create an environment where an educational non-profit organization dedicated to reacquainting entrepreneurs and families can reach their dreams and flourish. America with its founding principles of liberty and human equality As Governor of Texas, I took on the education establishment and under God. demanded high standards and accountability. Ambassador Alan Keyes is emerging as the preeminent states- man in America.He is our nation's most persuasive public voice I fought trial lawyers over lawsuit abuse and won meaningful, championing the rights of the innocent unborn and vulnerable long-lasting legal reform. among us. He carries an uncompromising message of national While Washington was dead-locked, I signed into law a Patient's renewal and reconciliation grounded in the principle of human Bill of Rights. I challenged the status quo to reform welfare, equality as proclaimed in the Declaration of Independence.He is strengthen juvenile justice and cut taxes my nearly $3 billion the only presidential candidate who has resolutely demonstrated dollars. leadership in challenging us to uphold those eternal principles of justice which have always inspired the American people to moral I've based my priorities upon my core philosophy of educating greatness. every child, protecting Social Security for generations to come, paying down the national debt, and strengthening out nation's EDUCATIONAL BACKGROUND: 1972 - B. A. in Government defense. Affairs, Harvard University; 1979 - Ph.D. in Government Affairs, I also want you to know what kind of leader I'll be as your Harvard University President. I am a uniter, not a divider. I can't stand the kind of PRIOR GOVERNMENTAL EXPERIENCE: Ambassador Keyes' politics that pits one group of people against another.I believe in career as a public servant commenced with his appointment as a working for what's best for America and don't care who gets the Foreign Service Officer in the U.S. Department of State. He credit. rapidly advanced to the staff of Ronald Reagan's National Security Council and the State Department's Policy Planning I don't need polls to tell me how to think.I'm guided by conserva- Staff. Alan Keyes was subsequently appointed as U.S. tive principles ingrained in my heart—trust local people to make Ambassador to the United Nations Social and Economic Council, decisions for their schools and communities; understand that and as Assistant Secretary of State for International peace is best kept through strength, not weakness;limit govern- Organizational Affairs. ment with tax cuts and spending restraint; fight for American interests and America's workers; promote string families and (This information furnished by Keyes 2000.) personal responsibility. And I know this:If 1 win,1 will not only uphold the Constitution and the laws of the United States, but the dignity and honor of the office to which I have been elected. Sincerely, George W.Bush (This information furnished by Bush for President,Inc.) 109 Official 2000 Primary Election Voters'Pamphlet—Republican Candidates Representative in Congress Secretar of State 2nd District y GREG LYNN WALDEN LUNDQUIST Republican Republican OCCUPATION: Small Business OCCUPATION: Businessman, Owner;Congressman Rancher,State Representative OCCUPATIONAL BACKGROUND: Business OCCUPATIONAL Owner, 13 years;Congressman; BACKGROUND:Agri Congressional Chief of Staff Business CEO;College Economics Professor, EDUCATIONAL BACKGROUND:Journalism Degree,University George Fox University of Oregon;Graduate, Hood River Valley High EDUCATIONAL BACKGROUND: Master's Degree, Economics, PRIOR GOVERNMENTAL EXPERIENCE: Congressman, 1999- University of Connecticut; BS, Agricultural Economics, Oregon present;Oregon Legislature, 1989-1997 State University During his first term in Congress, Greg Walden has emerged as PRIOR GOVERNMENTAL EXPERIENCE: Speaker of the an energetic and effective leader for the people of Oregon's Oregon House of Representatives;House Majority Leader;State Second District.His work in Congress reflects his understanding Representative, District 59; member, Western States Coalition of our way of life and his commitment to making life better in rural Board; member, Newberg School Board; Chairman, Crook Oregon.The Oregonia n labeled Walden the"Rural Conscience." County Planning Commission; President, Oregon Cattlemen's Association; member, Oregon State Board of Agriculture; When an HMO pulled out of Jackson County leaving over a thou- Chairman,The Oregon Quality Education Model. sand seniors searching for new health insurance, he intervened to ensure a smooth transition to other providers.He helped farm- LYNN LUNDQUIST ers in Harney County when their ranches flooded.He persuaded THE RIGHT LEADERSHIP three congressional committees to hold hearings in our district to Lynn Lundquist's record of excellence has earned him the learn first hand of the problems we face. endorsement of EVERY REPUBLICAN Secretary of State and He's working to improve access to affordable health care, the State Treasurer of the last 30 years: internet and satellite television in rural areas.From supporting a "L nn Lundquist's fiscal prudence, natural resources knowl- new "smart" building at Central Oregon Community College to edge,and education experience place him head and shoulders better veteran's health care,Greg Walden is making a difference above any other candidate.He is the right choice for Oregon's for us. Secretary of State'helped stop the"raids"on the Social Security trust fund NORMA PAULUS-Oregon Secretary of State 1977-85 and worked hard to make sure Congress balanced the federal State Superintendent of Schools 1990-98 I budget and began paying down the public debt. "I served as Oregon's Secretary of State for ten years. I know As our representative,Greg Walden has voted just like he said he what it takes to do the job right.Lundquist has it.You can trust would: for lower taxes, a balanced budget and to protect our him and his leadership" Constitutional rights. • CLAY MYERS-Oregon Secretary of State 1967-77 He's earned 100% ratings from the National Federation of "The future of Oregon's natural resources is impacted by deci- Independent Business, Farm Bureau, and League of Private sions of the State Land Board.Lundquist is superbly prepared Property Voters. with his experience,background and common sense approach to provide leadership on the board" As a husband and father, Walden is working for better schools TONY MEEKER-Oregon State Treasurer 1987-93 and more local decision-making. He's doing an effective job representing us in Congress. "I can think of no one better qualified for the office of Secretary "I'm excited by what we've accomplished and hope that I of State than Lundquist.He is strong,highly-principled,experi- enced,and honest. can have your support to continue representing you in BILL RUTHERFORD-Oregon State Treasurer Congress."Congressman Greg Walden 1984-87 Vote to re-elect Greg Walden. Lynn Lundquist brings to the Secretary of State's office an extra- He's making a real difference for us. ordinary measure of integrity and vision. He leads. He likes the (This information furnished by Walden for Congress,Inc.) high road.And Oregon is all the better because of it. "Lynn Lundquist is dedicated to issues important to Oregonians and he has worked hard to make our state a bet- ter place to live° • BRADY ADAMS,Oregon Senate President ELECT LUNDQUIST.REAL LEADERSHIP. (This information furnished by Lundquist For Secretary of State.) 110 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Republican Candidates Secretary of State Secretary of State LYNN s., PAUL DAMIAN N SNODGRASS WELLS Republican Republican OCCUPATION:Small OCCUPATION:Computer business owner, Drake's 7 Architect _,.•, Dee's Nursery&Landscape Cc; Oregon House Speaker; Homemaker. OCCUPATIONAL BACKGROUND: Electrical OCCUPATIONAL Engineer W4115= BACKGROUND: Personnel manager;Teacher;Landscape designer. EDUCATIONAL BACKGROUND: BSEE Purdue University; EDUCATIONAL BACKGROUND: Portland State University, B.S. Portland State University Elementary Education;Oregon State University;Clackamas High PRIOR GOVERNMENTAL EXPERIENCE: None School PRIOR GOVERNMENTAL EXPERIENCE: Speaker of the I'm not a Republican. I'm an Independent voter from Newberg. House, 1999-2000; Republican Leader, 1997; State representa- The election system in Oregon and across the nation is failing. tive 1995 – present; Damascus School Board; Budget Increasingly,the two-party primary system doesn't guarantee vic- Committee. tory for the best candidates.The Republican primary in particular, is a killing field for electable Republicans.Others have suggested Community Involvement: Mt. Hood Medical Foundation, past that we force major parties to open their primaries to president;Albertina Kerr;Junior Achievement teacher;Habitat for Independents. I would like to propose true election reform that Humanity;Good Shepherd Community Church. will insure fair elections without butchering the constitution any Lynn Snodgrass further. For Oregon,For Us,For the Future! A Nominating Election Snodgrass'priorities for Oregon include: Instead of conducting two primaries,we should select the top two • Ensuring open, fair and fraud-free elections. candidates for each office in a single open Nominating Election. Implementing Oregon's Voter Protection Act, which she If all voters and candidates are allowed to participate, we can sponsored. guarantee everyone an equal opportunity to vote and limit the • Eliminating government waste and inefficiencies. number of candidates on the general election ballot. In most Protecting the taxpayers by returning income tax surpluses cases, major party nominees will win and advance, but this isn't to the taxpayer. guaranteed. Each candidate must earn his/her spot on the • Improving our schools.Dramatically increasing all school general election ballot in a fair fight. funding while improving accountability. Multiple Endorsements Trusted Republican Leaders Support Snodgrass In an open election, two candidates with similar views can lose "I am proud to support Lynn Snodgrass for Secretary of the election by splitting a single block of votes.Allowing multiple State. She is honest and truly an outstanding leader, endorsements per office will solve this problem.If there are sev- Snodgrass delivers. Oregonians will be well served with eral candidates for one office,each voter may choose to endorse Snodgrass as our Secretary of State:' just one candidate, two or more, or none.The results are tallied Bob Smith,U.S.Congressman as a percentage of the total ballots cast,so it is possible for sev- "Oregonians need a Secretary of State who will protect the eral candidates to garner more than 50% of the vote. It is also sanctity of our elections and ensure our tax dollars are well possible for no candidate to garner 50%of the vote.Nonetheless, spent.I am convinced Snodgrass is that person.That's why the top two candidates advance to the general election. I'm supporting her." Presidential Elections Jack Roberts,Oregon's Labor Commissioner Eventually,we need to abandon the major party primary/caucus "Lynn Snodgrass is an effective leader. She cares deeply system and establish a series of nominating elections nationwide about our state and its citizens:' to determine the top two presidential candidates. Rather than Brady Adams,Oregon Senate President accumulating convention delegates, candidates accumulate the Successful Leadership endorsements from individual voters. Snodgrass will utilize her vast experience as a mother, teacher, http://thekeel.home.att.net/ school board member, and small business owner to successfully (This information furnished by The Keel.) lead Oregon. Snodgrass' ?yard work won the following awards in 1999 alone:Children Education Award;Business&Hospitality Award; Oregon Farm Bureau's Presidents Award;Oregonians for Food& Shelter's Outstanding Legislator of the Year;Tourism Legislator of the Year. No wonder Snodgrass won endorsements from business,agriculture, labor,and education advocates! Snodgrass for Secretary of State Republican Leader,Oregon's Leader www.lynnsnodgrass.org (This information furnished by Lynn Snodgrass.) 111 Official 2000 Primary Election Voters'Pamphlet—Republican Candidates State Treasurer Attorney General JON " KEVIN L. KVISTADE� s ,& MANNIX Republican Republican OCCUPATION: President, OCCUPATION:Attorney in AKA Political Services;Pa private practice;State Village Coffee Company; u Representative Metro Councilor OCCUPATIONAL OCCUPATIONAL BACKGROUND:Assistant BACKGROUND: Partner, A& Attorney General,Oregon; JAK Designs;Owner, Assistant Attorney General, Kvistad&Associates Guam; Administrative Law Judge; Circuit Court Judge, Pro- EDUCATIONAL BACKGROUND: Aloha High School; Oregon Tem; District Court Judge, Pro-Tem; State Senator; State State University Graduate Representative; Law Clerk, Oregon Court of Appeals; Com- mercial Photographer PRIOR GOVERNMENTAL EXPERIENCE:Metro Councilor 1992 EDUCATIONAL BACKGROUND: University of Virginia: B.A., - present; Presiding Officer 1996-1998; Chairman, Joint Policy Liberal Arts, 1971;J.D.(Law)Degree, 1974 Advisory Committee on Transportation;Metro Finance&Budget Committee; Liaison, Friends of the Washington Park Zoo; PRIOR GOVERNMENTAL EXPERIENCE: Senator; State Elected,Tigard Water District; Staff Assistant, Senator Mark O. Representative, five terms;Chair, House Judiciary Criminal Law Hatfield; Washington County Legislative Caucus; Republican Committee; member, Ways & Means, Labor, and Rules Precinct Committeeman. Committees; two-term member, Emergency Board; member, Community Involvement: Capitol Planning Commission,9 years;Chair,Task Force on Farm tY Worker Housing Board, Tigard Chamber of Commerce; Board, Tualatin Valley Mental Health Centers; Business Journal "40 Oregon Future Leadership and Results Leaders under 40'; Republican Party Executive & Central Results: Committee. During his legislative service, Kevin earned the distinction of Jon Kvistad:A record of honesty and integrity being the sponsor of more successful legislation than any other • 15 years of growing and managing several small businesses member of the Legislature. Successes include Oregon's land- * 12 years of local government budget and finance experience mark anti-stalking law,consumer protection expansion, reduction of unnecessary regulations, fair tax hearings for taxpayers, Jon Kvistad:Oregon values,Oregon experience reform of Workers'Compensation, tougher sentences for violent criminals, and improved services for senior citizens and the • Oregon's future can be found in our commitment of educa- developmentally disabled. tion.Kvistad will work to expand the Oregon Baccalaureate Bond program. Leadership: • Jon will provide the leadership to invest the states assets to The Salem Statesman Journal (5/17/99) calls Kevin Mannix a help provide and create jobs. "consensus builder"In The Oregonian(8/5/99), the Chair of the • The proven ability to work effectively with the Governor, Governor's Advisory Committee on DUII, Peter Glazer, stated, Legislature,cities,counties and our ports. "Oregonians owe a debt of gratitude to Rep.Kevin Mannix.."for • The experience to maximize returns on public infrastructure his leadership in passing Oregon's tough, new repeat drunk investments. driver law. Jon Kvistad:A vision for our future Mannix will be an active Attorney General • Help to create family wage jobs by investing in Oregon. Public Safety: • Assure eligible veterans an opportunity to own a home. Kevin will deliver safer homes, schools, and neighborhoods • Work to invest in the future of Oregon family farms. because Kevin is tough on accountability, smart on prevention, • Strive to make education affordable to every Oregon family and sensitive on treatment and prevention.He will work with the • Work to eliminate the hidden tax of high interest rates by Legislature to get results. improving Oregon's credit rating. Kevin's comprehensive approach to public safety includes class- Our next state treasurer must be a leader with vision.Jon Kvistad room discipline, with teacher authority to maintain a positive has the proven record of accomplishment and experience to be learning environment, and a total enforcement policy for all that leader. property crimes. Jon Kvistad for State Treasurer: A record of Honesty and Consumer Protection: Integrity. Kevin is a committed advocate for law-abiding citizens. He will work with honest businesses to promote consumer educa- (This information furnished by The Friends of Jon Kvistad.) tion, toughen consumer protection laws, and quickly shut down businesses that scam Oregon consumers. Elect Kevin Mannix for an Attorney General who is a leader and gets results. (This information furnished by Kevin L.Mannix.) 112 Official 2000 Primary Election Voters'Pamphlet—Republican Candidates State Senator State Representative 27th District 54th District BEV � y� P i�;'+w{f,: k�• TIM CLARNO �g KNOPP g Republican F Republican OCCUPATION: Rancher y �' OCCUPATION:State Representative;Small business OCCUPATIONAL owner. :�•�` d .' BACKGROUND: Real Estate Broker;Appraiser;Securities OCCUPATIONAL Examiner;Circuit Court Clerk; BACKGROUND:Congressional campaign aide;Insurance and securities;Laborer,field trainer, EDUCATIONAL BACKGROUND: Redmond High School; petroleum industry;Timber worker. Marylhurst BA;attended Northwestern School of Law EDUCATIONAL BACKGROUND: Center for Professional PRIOR GOVERNMENTAL EXPERIENCE:Legislator 1989-1996; Studies, continuing education courses; Graduate of York Speaker of the House 1995-96 Community High School, Illinois;Bend public schools. Member of: United Methodist Church; High Desert Museum; PRIOR GOVERNMENTAL EXPERIENCE:State Representative; Museum Warm Springs; Community Dispute Resolution United States Senate Deschutes County Council, appointed by Program; Community Policing Team; Victims' Assistance U.S.Senator Gordon Smith;Oregon Delegate, 1996 Republican Foundation;Deschutes River Conservancy;Bank Director National Convention;Precinct Committee Person. "Bev Clarno's representation of Central Oregon and her service TIM KNOPP...KEPT HIS COMMITMENT TO VOTERS as Speaker of the Oregon House of Representatives have proven Our State Representative, Tim Knopp worked to represent her ability to be an excellent legislator.Bev is a true leader:com- Central and Southern Oregon just like he said he would.While passionate,conservative, knowledgeable and hard working.I am some politicians say one thing to get elected,then do another,it's proud to call her a friend and colleague:"Senator Gordon Smith nice to know we can count on Tim Knopp to keep his word.Let's "I'm please to endorse Bev Clarno for the Senate.Bev earned a send him back to Salem so he can continue to work for us. reputation as a watchdog for the taxpayers while serving in the "Knopp performed as advertised:' Oregon legislature.We need Bev's tenacity in pursuing govern- The Bulletin July 28, 1999 ment waste and demanding accountability to taxpayer's.I served TIM KNOPP...MADE EDUCATION HIS with Bev Clarno and observed first hand her ability to buck the NUMBER ONE PRIORITY system and insist on common sense in government rules and regulations:'Congressman Greg Walden Tim supported increased funding for K-12, education service districts, community colleges and our university system, without "Bev will go into the legislature with a strong voice and a reputa- raising taxes. He also supported greater accountability. Tim tion that will give her and our community a huge advantage in the sponsored a bill that will support teachers as they work to achieve process. I have served with Bev in the past and seen first hand better discipline in the classroom. He also supported charter her ability to bring cohesiveness and consensus to many difficult schools and legislation that will strengthen school safety for our and insurmountable issues.' Senator Neil Bryant. students. "Bev Clarno has demonstrated a commitment to the welfare of all TIM KNOPP...FOUGHT FOR TAXPAYERS Central Oregon's children and families.I am proud to be counted Tim Knopp was the legislatures'most consistent and reliable vote among many Democrats who appreciate Bev's deep commitment to protect taxpayers from unwanted tax and fee increases.Tim to these issues and enthusiastically support her election to the supported returning over-collected income taxes("the Kicker")to Senate:'Dennis Maloney taxpayers.He also worked to lower property taxes. "Bev has the experience to understand the job and the dedication TIM KNOPP... HELPED MAKE OUR NEIGHBORHOODS A and integrity to do it right.We need more people like Bev in the SAFER PLACE TO LIVE Senate so we can continue to hold the line on spending and limit Tim supported placing 100 additional state police officers on the the burden state government has on our everyday lives."Senator road in our communities.He also supported cracking down on sex Gene Derfler offenders that prey on our citizens. (This information furnished by Clarno for Senate.) TIM KNOPP...STRONGLY SUPPORTED SENIORS Tim voted for better access and lower cost prescription drugs.Tim supported property tax rebates to enable seniors to live in their own home as long as possible. I would appreciate your vote! Email:timknopp @bendnet.com (This information furnished by Tim Knopp for State Representative Committee.) 113 Official 2000 Primary Election Voters'Pamphlet—Republican Candidates State Representative 55th District BEN WESTLUND Republican ff OCCUPATION:Agribusiness, Businessman OCCUPATIONAL �f BACKGROUND:Small businessman in agricultural enterprises EDUCATIONAL BACKGROUND: Whitman College, BA (Education&History) PRIOR GOVERNMENTAL EXPERIENCE: Two Term State Representative, District 55: Joint Ways & Means Committee; Legislative Audit Committee; Emergency Board; Governor's Public Safety Policy & Planning Council; Joint Interim Cultural Task Force COMMUNITY SERVICE: High Desert Museum Sponsor; St.Frances School Board;Odyssey of the Mind Coach;4-H and FFA supporter;St.Charles Hospital Vision 2000 Campaign When Ben Westlund ran for office in 1998,he promised to follow these principles while representing us in the legislature: BEN WESTLUND LEADERSHIP-COMMON SENSE CENTRAL OREGON PRIORITIES When Ben Westlund ran for office in 1998, he laid out what he believed our priorities should be: - Support for schools and preparing our kids to meet the chal- lenges of the workplace. - Strong law enforcement and tough sentencing. - Compassion for the truly needy without fostering dependence. BEN WESTLUND KEPT HIS PROMISES Ben became a legislative leader on the demanding and powerful Ways and Means Committee,responsible for the state budget.He made sure good local programs were funded, programs like the Deschutes County Juvenile Justice Program that is saving money and turning kids around. Ben supported expanded prison space to keep the violent offend- ers in jail and to stop the revolving doors of justice. Ben voted for record funding for local schools and equity for { schools throughout Oregon. He voted for increased funding for Higher Education and supports the efforts to get a four-year college in Bend. Ben Westlund voted for strong spending priorities,without raising taxes;and he supported the return of the surplus tax collections to the taxpayers. LEADERSHIP-COMMON SENSE-PRIORITIES ELECT-BEN WESTLUND-AGAIN (This information furnished by the Committee to Elect Ben Westlund.) 114 Official 2000 Primary Election Voters'Pamphlet-General Information District Map DISTRICTS HOUSE SENATE FOOD RIPER 54 & 55 = 27 snsco Tygh Valley CONGRESSIONAL—-- 2 218 Maupin f y O 197 �J Wapinitia W A S C 0 Shaniko W s �j+ 26 218 Antelope Warm Springs O tt W W J E F F R S 0 N w � W J Metolius MADRAS 1 JEFFERSON Culver CROOK C 20 55 28 Redmond —_ Sisters 126 20 97 20 N BEND 20 54 Brothers La Pine D E S C H U T E ----_—....DESCHUTES_ DESCHUTES KLAMTH I LAKE • LEGEND — DISTRICT BOUNDARY JEFFERSON & DESCHUTES DISTRICT ❑� DISTRICT NUMBER -- COUNTY BOUNDARY COUNTIES MAP 115 Official 2000 Primary Election Voters'Pamphlet—Nonpartisan Candidates Judge of the Supreme Court Judge of the Supreme Court Position 2 Position 2 GREG PAUL J. BYRNE DEMUNIZ ;F + Nonpartisan x Nonpartisan OCCUPATION:Attorney OCCUPATION:Judge,Oregon Court of Appeals OCCUPATIONAL ` OCCUPATIONAL BACKGROUND:Small BACKGROUND:Judge,Court business owner;real estate of Appeals,elected in 1990 and developer;charter pilot re-elected in 1996;Attorney and partner,private law practice, EDUCATIONAL BACKGROUND: Harvard Law School, juris 1977-1990;State of Oregon,Deputy Public Defender, 1975-1977 doctor(honors);South Carolina,AB(honors) EDUCATIONAL BACKGROUND: J.D., Willamette University, PRIOR GOVERNMENTAL EXPERIENCE:•U.S. Marine Corps 1975;B.S.,Portland State University,1972;Madison High School, officer Portland, 1965 Family:Married,four children,three grandchildren. PRIOR GOVERNMENTAL EXPERIENCE: Oregon Supreme Court Access to Justice for All Committee, since 1997, Legal Experience: Trial lawyer 29 years. Trial experience & includes criminal and civil cases involving business, real estate, Commission on Judicial Fitness and Disability, since 199 construction, employment, injuries, tax, divorce, insurance, and Oregon Supreme Court Task Force on Racial and Ethnic Issues in election law. Has argued over two dozen cases in Oregon the Judicial System Implementation Committee Chair, 199 Supreme Court.Also counsels small businesses. 1996; Oregon Criminal Justice Council member, 1985-1990;0; Special Prosecutor, Douglas County, 1988 Judicial Experience:Served as circuit court judge pro tempore MILITARY SERVICE: U.S. Air Force, Vietnam veteran, 1966- Military Service: Eight years active duty in Marines, pilot in 1969.Appointed by U.S.Secretary of Defense Cohen to national Vietnam. Defense Advisory Committee on Women in the Services, 1998 to Education:Worked his way through college, attended Harvard present Law School on the GI Bill while helping raise three children. COMMUNITY SERVICE: North Salem High School mock trial coach,since 1998;Board of Visitors,Willamette University,since Community Service:Director of Legislation,Harvard Legislative 1995;Volunteer coach for youth athletics,since 1983 Research Bureau; President, Northwest District (neighborhood) Association; President, American Amputee Foundation of PERSONAL: Wife, Mary; three children - Carrie, Peter, and Oregon; Chair, advisory committee to Oregon Community Michael Foundation. Judge DeMuniz–Experienced Legal Accomplishments 9 P "Judge DeMuriiz has an understanding of the rule of law, the Greg Byrne has: stopped city from putting property tax on integrity and the experience to serve on the Oregon Supreme water bills;forced legislature to reform annexation process after Court.He has my strongest support" getting "triple majority" annexations declared unconstitutional; Dan Noelle stopped legislature from violating Constitution by referring Multnomah County Sheriff multi-subject spending bill to voters;got corrections facility siting initiative accepted for ballot over county opposition;obtained Fifth Judge DeMuniz–Exemplary Service Amendment compensation for owner of boat illegally seized by ,l am proud to have had the opportunity in 1990 to appoint Paul federal government; stopped city from routing freeway through DeMuniz to the Oregon Court of Appeals.I am equally proud ten town in violation of city charter. years later to enthusiastically support Judge DeMuniz for election Objectives if Elected to the Oregon Supreme Court.His service to our state and our cit- The Supreme Court regulates and disciplines lawyers. Greg izens has been exemplary." Neil Goldschmidt Byrne will make attorney professionalism a personal priority. He Former Governor of Oregon has served on the Local Professional Responsibility Committee (lawyer discipline), Multnomah Bar Professionalism Committee, Judge DeMuniz–Enormous Integrity and as mentor for new lawyers.He will strive to restore public con- ,Paul DeMuniz has given unflinching service to our country,to our fidence in his profession. state and to his community.He has an immense capacity for hard Greg Byrne believes all citizens are equal in the eyes of the law work and a profound devotion to judicial duty and judicial ethics.I and is committed to treating all sides fairly and impartially. He admire him as a person with enormous integrity. Paul DeMuniz believes cases should be decided on the law,not politics. would make immediate and important contributions to the Oregon Greg Byrne"will be a tremendous asset to the people of our Supreme Court" g y P P Dave Frohnmayer state"--Safe Neighborhoods Are For Us Committee Former Attorney General of Oregon (This information furnished by Greg Byrne for Supreme Court Committee.) (This information furnished by Judge DeMuniz for Oregon Supreme Court Committee.) 116 CONTINUED Official 2000 Primary Election Voters'Pamphlet—Nonpartisan Candidates Judge of the Supreme Court Judge of the Supreme Court Position 2 Position 2 CHARLEY RANDALL H. MERTEN NIVEN Nonpartisan Nonpartisan OCCUPATION: Lawyer r, z OCCUPATION:Attorney for a r nutritional supplement company. .,a OCCUPATIONAL BACKGROUND: Prosecutor; OCCUPATIONAL Legal Aid;Private attorney. BACKGROUND: Field Engineer for a Naval Shipyard, EDUCATIONAL BACKGROUND: Gonzaga; overhauling aircraft carriers. University of California (BA); University of Oregon Law School EDUCATIONAL BACKGROUND:Juris Doctor;BS in Mechanical (JD 1963). Engineering;BS in Civil Engineering. PRIOR GOVERNMENTAL EXPERIENCE: Deputy DA, PRIOR GOVERNMENTAL EXPERIENCE: None Multnomah County. •I bring a fresh perspective to the Supreme Court. PERSONAL: Charley's family arrived in Oregon by covered Across time, performance in any organization becomes rote. wagon in 1847. He was raised on their pioneer farm in the Ritual begins to override reason. I shall represent the will of the Willamette Valley.He lives and farms in rural Washington County. people of Oregon with a fresh appraisal of issues grounded in HIGHLY QUALIFIED TO SERVE justice and practicality. Endorsed by over 500 judges, lawyers and community •I will make a difference in how the law is interpreted and applied. leaders statewide. As someone who hasn't been conditioned to legalities that"every- Feb. 6, 1998: Judged "Highly Qualified" to serve on the one knows", I shall make the law more understandable to the Supreme Court by Oregon State Bar Association Governors. average person. 1976-2000: Highest ranking in both ability and ethics. •When faced with a problem, I have two touchstones. Martindale-Hubbell Legal Directory. First,is this hypocrisy?Is what's sauce for the goose is sauce for COMMITTED TO PEOPLE the gander? Second, will it actually work? Will it achieve its intended result without causing even greater problems? "Charley Merten has consistently championed the civil rights and liberties of all Oregonians, including ethnic minorities and • I'm always concerned how an action or a decision will affect women." myself and others, now and down the road. Jim Hill,Oregon State Treasurer;Kay Toran. I like the initiative process in Oregon as it gives ordinary citizens "Charley Merten is a leader in advancing economic equality for the power to change the law. I also listen to people because I women:' believe that the general public has some great ideas and I can Elizabeth McKanna,Portland Employment Attorney. use them to take a fresh look at the law. "Charley Merten has fought for the rights of Oregonians for My opponents are all good people. Any of them would do a many,many years and understands how the law impacts working decent job.I'll do better. families." For further information,visit www.randyniven.org Gary Kirkland,CEO,OPEIU,Local 11. TOUGH ON CRIME (This information furnished by Randall H.Niven.) "Charley Is tough on crime.He was one of the best prosecutors I've ever known.' Mike Schrunk,Multnomah County DA. ENVIRONMENT "Charley Merten has been a leader in preserving Oregon's livability." Sierra Club; Elizabeth Furse,former Congresswoman. AGRICULTURE "Charley's roots are in agriculture. He uses his brilliant legal skills to defend family farms and rural Oregon as well as the livability of the urban environment.' Nancy Ponzi,Ponzi Vineyards; Steve Coleman,Molalla Cattle Rancher; Woodburn Fertilizer,Inc. COMMON SENSE JUSTICE "We and other current and former trial judges support Charley Merten for the Supreme Court because he has the life experience and the wide range of legal experience needed by all judges to render common sense justice.Charley knows what is important and what is not Hari Haas, Multnomah County Judge; Hollie Pihl, Washington County Senior Judge; Milo Pope, Baker County Judge. (This information furnished by Charley Marten Supreme Court Committee.) 117 Official 2000 Primary Election Voters'Pamphlet--Nonpartisan Candidates Judge of the Supreme Court Judge of the Supreme Court Position 3 Position 6 f l ROBERT D. (SKIP) WALLACE R DURHAMs. CARSON, JR. Nonpartisan Nonpartisan yg` OCCUPATION:Chief Justice, OCCUPATION:Associate Justice,Oregon Supreme Court Oregon Supreme Court (1994 to present) OCCUPATIONAL OCCUPATIONAL BACKGROUND: Lawyer, BACKGROUND:Judge, private practice(1962-1977). Oregon Court Appeals(1991- Marion County Circuit Court 94);Partner in Bennett& Judge(1977-1982).Appointed Durham(formerly Kulongoski,Durham,Drummonds&Colombo), Oregon Supreme Court, July, 1982. Elected Oregon Supreme Portland.Private law practice(1974-91) in Portland and Eugene. Court, Nov. 1982, reelected in 1988 and 1994; elected Chief Law Clerk,Oregon Supreme Court(1972-74) Justice by the members of the Court in 1991,and reelected 1997. EDUCATIONAL BACKGROUND:University of Virginia School of EDUCATIONAL BACKGROUND: Salem Public Schools; Law, Master of Laws (LL.M) in Judicial Process; University of Stanford University (BA, Political Science);Willamette University Santa Clara School of Law, Juris Doctor (J.D.) degree;Whittier College of Law(JD). College,Bachelor of Arts PRIOR GOVERNMENTAL EXPERIENCE: Oregon House of PRIOR GOVERNMENTAL EXPERIENCE: Associate Justice, Representatives, 1967-1971 (Majority Leader, 1969-1970);, Oregon Supreme Court,Position No.3 incumbent, 1994-present; Oregon State Senate, 1971-1977 (Minority Floor Leader, 1975- Judge, Oregon Court of Appeals, 1991-94; President, Oregon 1977). Appellate Judges Association (1996-97); Oregon Rules of PERSONAL: Born in Salem; Oregon, 1934. Wife Gloria; two Appellate Procedure Committee (1994-present); Chair, Oregon children. Served as a jet pilot, U.S. Air Force; active member Supreme Court Committee on Judicial Rule 4(1995-96);Oregon St.Paul's Episcopal Church. Council on Court Procedures (1992-94, 1996-present); Chair, Oregon Commission on Administrative Hearings (1989-90); SERVICE: Extensive and wide range of service to Oregonians, Chair,Oregon State Bar Labor Law Section (1984) including efforts to increase youth participation in government Other Community and Professional Experience: (Oregon YMCA Youth and Government Program) and to keep children safe and families together ("Family Building Blocks"). Faculty Member, National Judicial College(1992) Since 1970,Carson has served on Willamette University's Board Instructor, Judicial Ethics, Judicial Campaign Practices and of Trustees. Transition Issues (annual Judicial Department training for LEADERSHIP:As a member of the Court and as Chief Justice, new judges) Carson has worked to eliminate racial, ethnic, gender, age and Master,Willamette Valley American Inns of Court economic discrimination in the judicial system to assure Oregonians fair treatment("Access to Justice for All Committee"). United States Supreme Court Historical Society —EXCEPTIONALLY WELL QUALIFIED"was the recommenda- American Judicature Society tion by the Oregon State Bar Board of Governors in 1982 for Justice Carson's appointment to the Supreme Court."Throughout Multnomah County and Marion County Bar Associations Justice Carson's career, he has continued to be 'exceptionally Stop Oregon Litter and Vandalism (SOLV)Volunteer well qualified; providing remarkable leadership in judicial and public service.Justice Carson has earned the respect of his col- Volunteer for Alexandra Ellis Memorial Children's Cancer leagues and the public for his integrity and hard work."Robert G. Association Ringo, March 6,2000(1982 member,OSB Board of Governors). A Message from Justice Durham: WALLACE P.CARSON,JR.is dedicated I have been honored to serve on the Oregon Supreme Court to the fair,impartial and common sense approach from 1994 to the present, and on the Oregon Court of Appeals to justice. from 1991 to 1994.The Justices of the Oregon Supreme Court *"EXCEPTIONALLY WELL QUALIFIED" are elected by Oregon voters and are dedicated to the rule of law, the fair administration of justice, and vigorous enforcement of (This information furnished by"Elect Justice Wallace P.Carson,Jr.Oregon ethical principles for Oregon judges and lawyers. I ask for your Supreme Court Committee."Norma Paulus, Edwin J. Peterson, Gary E. support for an additional term of service on the Oregon Supreme Lockwood and David A.Rhoten,Directors.) Court. (This information furnished by Committee to Re-Elect Justice Robert Durham.) I { 118 Official 2000 Primary Election Voters'Pamphlet—Nonpartisan Candidates Judge of the Court of Appeals Judge of the Court of Appeals Position 3 Position 5 RIVES ,,'1�i1 RICK KISTLER y HASELTON Nonpartisan Nonpartisan g� OCCUPATION:Judge,Oregon OCCUPATION:Judge,Oregon �a Court of Appeals � j Court of Appeals OCCUPATIONAL . 00CUPATIONAL ��" BACKGROUND:Judge of the BACKGROUND:Oregon Court Court of Appeals;Previously of Appeals Judge since 1994. served as an Assistant Attorney Previously in private practice General for the Oregon 9 representing a broad range of Department of Justice and worked in private practice for Stoel, clients, including individuals, businesses, plaintiffs and defen- Rives, LLP;Taught state constitutional law as an adjunct profes- dants. During high school and college, worked as a farm hand, sor at Northwestern School of Law at Lewis and Clark College; carpenter's helper,and teacher's aide. Served as a judicial clerk to the Honorable Lewis F. Powell, Jr., EDUCATIONAL BACKGROUND: West Albany High School; Associate Justice,Supreme Court of the United States and to the Stanford University(BA 1976);Yale Law School(JD 1979). Honorable Charles Clark, Chief Judge, United States Court of Appeals, Fifth Circuit PRIOR GOVERNMENTAL EXPERIENCE: Law Clerk to Judge EDUCATIONAL BACKGROUND: Georgetown University Law Alfred T. Goodwin of the Ninth Circuit Court of Appeals (1979 School, JD, summa cum laude (1981); University of North 1980); Law Clerk in United States Attorney's Office, Portland Carolina, MA(1978);Williams College, BA,cum laude(1971) (1977). PRIOR GOVERNMENTAL EXPERIENCE: Assistant Attorney FAMILY AND PERSONAL BACKGROUND: Rick grew up in General for the Oregon Department of Justice; Chair, National Albany and now lives in Portland with his wife Sura and their Association of Attorneys General First Amendment Working daughter Molly. He is proudest of his accomplishments as an Group; Member, National Association of Attorneys General involved citizen,family member,and friend. Criminal Law Working Group;Vice-Chair,Oregon State Board of SERVICE TO HIS COMMUNITY AND PROFESSION Bar Examiners Rick has been a volunteer for the Senior Law Project;Chair of Judge Rives Kistler:Experienced the Oregon State Bar's Appellate Practice Section; Chair of the "Rives Kistler is one of the finest appellate lawyers to appear Multnomah Bar Professionalism Committee;Chair of the Oregon before our court. From his work as a judicial clerk for Justice State Board of Bar Examiners; and Chair of the Multnomah Lewis Powell of the United States Supreme Court to his more County Legal Aid Board (providing legal assistance to poor than a decade of service as an accomplished appellate lawyer for Oregonians): Rick currently serves on the boards of directors of the State of Oregon, it is only natural that Rives Kistler would the Portland Jewish Academy and Congregation Kesser Israel. become a distinguished appellate judge.Oregon and its citizens RICK HASELTON–SERVING YOU FOR THE are fortunate to have an individual of Judge Kistler's caliber on the RIGHT REASONS bench." William L.Richardson In 1994 you elected me to the Oregon Court of Appeals.During Oregon Court of Appeals(1976-1997) the last six years, I have worked hard to honor your trust.I have Chief Judge(1993-1997) participated in thousands of cases and written hundreds of opin- ions. Many of those decisions have been right, and some may Judge Rives Kistler:Sound Judgment have been wrong.But right or wrong,I have always tried to be fair. "Rives Kistler is one the most brilliant jurists to ever serve on an I have always"called them the way I see them,"without fear or appellate bench. He has sound judgment and is devoted to favor. achieving a just result:' That will never change. Dave Frohnmayer Oregon Attorney General(1981-1991) –Rick Haselton Judge Rives Kistler:Principled RE-ELECT JUDGE RICK HASELTON TO THE COURT OF "Judge Kistler is known for his hard work and principled applica- APPEALS tion of the law.His common sense and his keen analytical talent (This information furnished by Committee to Re-Elect Judge Haselton.) combine to make him one of Oregon's finest judges." Governor John A.Kitzhaber, M.D. (This information furnished by Committee to Retain Judge Rives Kistler.) 119 Official 2000 Primary Election Voters'Pamphlet—Nonpartisan Candidates Judge of the Court of Appeals Judge of the Court of Appeals Position 8 Position 10 B JACK L. �'r >,l, ,,,, , 'REX LANDAU ARMSTRONG Nonpartisan Nonpartisan YE OCCUPATION:Court of t� OCCUPATION:Judge, s Oregon Court of Appeals Appeals Judge s OCCUPATIONAL ' BACKGROUND:Judge,Court OCCUPATIONAL of Appeals, 1993 to present; BACKGROUND:Attorney; Adjunct Professor of Law, adjunct law professor; Willamette University College of law clerk;truck driver;logger; Law, 1993 to present;Deputy Attorney General of Oregon, 1991- warehouse worker 1993; Assistant Attorney General and Attorney-in-Charge, EDUCATIONAL BACKGROUND: University of Oregon, JD; Special Litigation Unit, Oregon Department of Justice, 1989- University of Pennsylvania, BA 1991; Associate and partner, Lindsay, Hart, Neil & Weigler, 1983-1989;Law Clerk to the Honorable Robert C.Belloni,United PRIOR GOVERNMENTAL EXPERIENCE: Pro tern judge; States District Court,1981-1983;Instructor,Northwestern School Supreme Court law clerk; US Attorney law clerk; Washington of Law,Lewis and Clark College, 1980-1981. intern for Senator Mark Hatfield EDUCATIONAL BACKGROUND: J.D., Northwestern School of FAMILY:Married;four children Law, Lewis and Clark College, 1980; B.A., magna cum laude, EXPERIENCED Lewis and Clark College, 1975; graduate with honors, Franklin High School, Portland, 1971. Oregonians elected Judge Armstrong to the Court of Appeals by PRIOR GOVERNMENTAL EXPERIENCE: Member, Judicial an overwhelming margin. He continues to serve with distinction, Education Committee, Oregon Judicial Conference, 1995-1998; writing opinions in the full range of cases decided by the court. Member, Oregon State Bar Task Force on Civil Legal Services, Before election,Judge Armstrong worked for 16 years represent- 1995-1996; Member, Oregon Supreme Court Task Force on ing people before Oregon courts. In its 1994 endorsement, the Racial and Ethnic Bias in the Courts (Chair, Criminal Justice East Oregonian noted: Committee), 1992-1994; Member, Oregon State Bar Procedure "[Armstrong's] wide-ranging legal experience, intellectual and Practice Committee, 1992-1993; Member, State-Federal depth, and writing ability will be an asset to the state's judicial Judicial Council, 1991-1992; Chair, Subcommittee on Public system" Safety, Governor's Task Force on Government, 1991-1992; Member, Executive Committee,Oregon State Bar Environmental Pendleton East Oregonian,5/12194 and Natural Resources Law Section, 1986-1989; Member, RESPECTED Legislative Interim Task Force on Telecommunications, 1987- 1989; Chair, State and Local Government Implementation "I have known Judge Armstrong for almost 50 years. I sup Committee, Department of Environmental Quality Citizen ported his election to the court because I knew that he would Advisory Committee on Underground Storage Tank Regulation, serve Oregon well in that position.His work as a judge contin- 1985-1988. ues to earn my respect" PERSONAL: Married to Diane Bridge; two sons, Aaron and Former Senator Mark Hatfield Nathan. Judge Armstrong came to the court strongly endorsed by every (This information furnished by Committee to Re-elect Judge Landau.) newspaper in the election: The Oregonian (9/26/94), Bend Bulletin (9/30/94), Eugene Register-Guard (10/15/94), Ontario Argus Observer (5/13/94), Ashland Daily Tidings (10/18/94), Albany Democrat-Herald (10/27/94), Daily Astorian (10/10/94), La Grande Observer (10/25/94), Coos Bay World (10/24/94), Baker City Herald (10/13/94), Willamette Week (10/26/94), Grants Pass Daily Courier(10/20/94), Salem Statesman Journal (10/15/94). FAIR "Judge Armstrong has brought a balanced and thoughtful approach to his work on the court.He deserves re-election" District Attorney Mike Schrunk "Judge Armstrong is committed to equal treatment of all-peo- ple.I strongly endorse his re-election" Former Justice Betty Roberts RE-ELECT JUDGE ARMSTRONG "I am honored to have been elected to serve on the Court of Appeals.I understand the important,but limited,role of judges in our governmental system, and I pledge to continue to be a fair and impartial judge and to treat everyone with respect! Judge Rex Armstrong (This information furnished by Re-Elect Judge Armstrong Committee.) 120 Official 2000 Primary Election Voters'Pamphlet—General Information Voting Information VOTERREGISTRATION the elections office.If you have already mailed your original ballot before you realize you made a mistake, you have cast your vote and will not be eligible for a replacement ballot. Who May Register To Vote You may register to vote for the May 16,2000,Primary Election if: What if my ballot doesn't come? 1.You are a citizen of the United States; If you are registered to vote and have not received your ballot 2.You will be at least 18 years old by May 16,2000;and within a week after they are mailed, call your county elections office.They will check that your voter registration is current.If it is, 3.You are a resident of Oregon. they will mail you a replacement ballot. How To Register To Vote What if I have moved and have not updated my registration? To register to vote in the May 16,2000,election,your completed If you were registered to vote by April 25 but now have a different voter registration card must be either: address, call your county elections office for instructions on how • Postmarked by April 25,2000; to vote. •. Delivered to a county elections office by April 25,2000;or Do 1 have to return my ballot by mail? • Delivered to any voter registration agency(i.e., DMV)by You have the choice of mailing your ballot or returning it to any April 25,2000. county elections office or any designated drop site in the state. If Your Name, Mailing Address or Political Party Affiliation The times and locations of drop sites are listed in the Voters' Has Changed Pamphlet and are also available at your county elections office. If you are currently registered to vote in Oregon but your name, How much postage is required to mail the ballot back? mailing address or party affiliation has changed since you last Your voted ballot can usually be returned using a single 330 completed a voter registration card, complete a new voter regis- stamp.In those instances where additional postage is necessary, tration card and mail it to your county elections office. it will be clearly indicated on the ballot materials. If Your Residence Address Has Changed When must the voted ballot be returned? If you are currently registered to vote in Oregon but your resi- The voted ballot must be received in any county elections office dence address has changed since you last completed a voter reg- or designated drop site by 8:00 p.m.on election night.Postmarks istration card, complete a new voter registration card and mail it do not count! to your county elections office. How do I know if my ballot is received? If you notify your county elections office of your change of resi- Your can always call your county elections office and ask if they dence address after April 25, 2000,you must request that a bal- received your ballot.A record is kept showing each voter whose lot be mailed to you or go to your county elections office to vote. ballot has been returned. Where to Obtain a Voter Registration Card Can anyone find out how I've voted once I mail my ballot? Voter registration cards can be obtained from any county elec- No.All ballots are separated from the return envelope before the tions office, most banks and post offices, many state agencies, ballots are inspected.This process ensures confidentiality. and are also found in some telephone books. What if 1 forget to sign the return envelope? Generally,your elections office will either return it to you for sign- ing or they will contact you, if possible, to come to the elections office to sign it.If the return envelope does not get signed before 8:00 p.m.on May 16,the ballot will not be counted. What is Vote by Mail? Can the public watch the election process? Vote by Mail is a method of conducting elections.Instead of using All steps of the process are open to observation by the public. traditional polling places where voters go to cast ballots on elec- Contact your county elections official to make arrangements. tion day,a ballot is automatically mailed to each registered voter. The ballot is then voted and returned to the county clerk to be When will election results be known? counted. Ballot counting cannot begin until election day. Initial results When are the ballots mailed to the voters? are released at 8:00 p.m. election night and will continue to be In Oregon, ballots can legally be mailed any time between the updated through election night until all ballots have been counted. 18th and 14th days before the election. Asa voter,what dol have todo? VOTERS WITH DISABILITIES Your ballot packet will automatically be mailed to you. Inside the packet you will find the ballot, a secrecy envelope and a return envelope.Once you vote the ballot, place it in the secrecy enve- If you are unable to vote your ballot without assistance,because lope and seal it in the pre-addressed return envelope.Be sure you of a physical disability or because you are unable to read or write, sign the return envelope on the appropriate line. After that just contact your county elections official.They will provide two per- return the ballot either by mail or at a designated drop site. sons to assist you in voting.In order to assure the county receives What if 1 am uncomfortable voting my ballot at home? your voted ballot by Election Day, contact your county elections office early to arrange for assistance.You may also select some- Privacy booths are available for you to cast your ballot.There are one else of your own choice to assist you. privacy booths at your county elections office and there may be others at drop site locations elsewhere in your county.For further A cassette edition of the Voters' Pamphlet is available for information,call your county elections official. Oregonians who cannot read standard print due to a visual or physical disability. To order a cassette edition of the Voters' What if I make a mistake or need a new ballot? Pamphlet, please contact Independent Living Resources at If your ballot is lost, destroyed,damaged or you make a mistake 503-232-7411. in marking your ballot, you may call your county elections office and request a replacement ballot.One will be mailed to you as long as you request it by May 11.After that,you may pick it up at 121 Official 2000 Primary Election Voters'Pamphlet—Generar Information County Elections Offices Baker Harneyy Morrow Julia Woods Maria iturriaga Barbara Bloodsworth Baker County Clerk Harney County Clerk Morrow County Clerk 1995 3rd St.Suite 150 Courthouse,450 N.Buena Vista PO Box 338 Baker City,OR 97814-3398 Burns,OR 97720 Heppner,OR 97836-0338 541-523-8207 TTY 541-523-8208 541-573-6641 541-676-9061 TTY 541-676-9061 Benton Hood River Multnomah James Morales Sandra Be rryy Director of Elections Elections Division Dir.Assess/Rec. 1040 SE Morrison 120 NW 4th St. Courthouse,309 State St. Portland,OR 97214-2495 Corvallis,OR 97330 Hood River,OR 97031-2093 503-988-3720 541-766-6756 TTY 541-766-6080 541-386-1442 Fax 503-988-3719 Clackamas Jackson Polk John Kauffman Kathy Beckett Linda Dawson Clackamas County Clerk Jackson County Clerk Polk County Clerk Elections Division Courthouse, 10 S.Oakdale Ave. Courthouse, Room 201 825 Portland Ave. Medford,OR 97501-2902 Dallas,OR 97338-3179 Gladstone,OR 97027-2195 541-774-6148 TTY 541-774-6719 503-623-9217 TTY 503-623-7557 503-655-8510 TTY 503-655-1685 Jefferson Sherman Clatsop Kathy Marston Linda Cornie Nicole Williams&Debbie Kraske Jefferson County Clerk Sherman County Clerk Co-Acting Clatsop County Clerks Courthouse,75 SE"C"St. PO Box 365 PO Box 178,749 Commercial Madras,OR 97741 Moro,OR 97039-0365 Astoria,OR 97103-0178 541-475-4451 TTY 541-475-4451 541-565-3606 503-325-8511 TTY 503-325-9307 Fax 541-565-3312 Josephine Columbia Georgette Brown Tillamook Elizabeth(Betty)Huser Josephine County Clerk Josephine Veltri Columbia County Clerk PO Box 69 Tillamook County Clerk Courthouse Grants Pass,OR 97528-0203 201 Laurel Ave. St.Helens,OR 97051-2089 541-474-5243 Tillamook,OR 97141 503-397-7214 TTY 1-800-735-2900 503-842-3402 TTY 503-397-7246 Klamath Umatilla Coos Linda Smith Patti Chapman Terri Turi Klamath County Clerk Director of Elections Coos County Clerk 305 Main St. PO Box 1227 Courthouse Klamath Falls,OR 97601 Pendleton,OR 97801 Coquille,OR 97423-1899 541-883-5134 or 800-377-6094 541-278-6254 TTY 541-278-6257 541-396-3121, Ext 301 TTY 1-800-735-2900 Lake Union Shirley Olsen R.Nellie Bogue-Hibbert Crook Lake County Clerk Union County Clerk Deanna(Dee)Berman 513 Center St. 1001 4th St.Ste"D" Crook County Clerk Lakeview,OR 97630-1539 LaGrande,OR 97850 300 NE.Third, Room 23 541-947-6006 TTY 541-947-6007 541-963-1006 Prineville,OR 97754-1919 541-447-6553 TTY 541-416-4963 Lane Wallowa Annette Newingham Charlotte McIver Curry Chief Deputy County Clerk Wallowa County Clerk Rened Kolen 135 E.6th Ave. 101 S.River St., Rim 100, Door 16 Curry County Clerk Eugene,OR 97401-2926 Enterprise,OR 97828-1335 PO Box 746 541-682-4234 TTY 541-682-4320 541-426-4543,Ext.15 Gold Beach,OR 97444 541-247-7011,Ext.223 Lincoln Wasco TTY 541-247-6440 Dana Jenkins Karen LeBreton Lincoln County Clerk Wasco County Clerk Deschutes 225 W.Olive St.,Room 201 Courthouse,511 Washington St. Mary Sue(Susie)Penhollow Newport,OR 97365 The Dalles,OR 97058 Deschutes County Clerk 541-265-4131 TTY 541-265-4193 541-296-6159 TTY 541-296-6159 Deschutes Services Bldg. 1340 NW Wall St. Linn Washington Bend,OR 97701 Steven Druckenmiller Ginny Kingsley 541-388-6546 TTY 541-385-3203 Linn County Clerk Elections Division 300 SW 4th 150 N.1st Ave.,MS3 Douglas Albany,OR 97321 Hillsboro,OR 97124 Doyle Shaver,Jr. 541-967-3831 TTY 541-967-3833 503-846-8670 TTY 503-693-4598 Douglas County Clerk PO Box 10 Malheur Wheeler Roseburg,OR 97470-0004 Deborah R.DeLong Marilyn Garcia 541-440-4252 TTY 541-440-6092 Malheur County Clerk Wheeler County Clerk 251 'B"St.W.,Suite 4 PO Box 327 Gilliam Vale,OR 97918 Fossil,OR 97830-0327 Rena Kennedy 541-473-5151 TTY 541-473-5157 541-763-2400 TTY 541-763-2401 Gilliam County Clerk PO Box 427 Marion Yamhill Condon,OR 97823-0427 Alan H.Davidson Charles Stern 541-384-2311 Marion County Clerk Yamhiil County Clerk Elections Division Courthouse,535 NE 5th St.Rm.119 Grant 4263 Commercial St.SE,#300 McMinnville,OR 97128-4593 Kathy McKinnon Salem,OR 97302-3987 503-434-7518 TTY 800-735-2900 Grant County Clerk 503-588-5041 /1-800-655-5388 201 S.Humbolt St.#290 TTY 503-588-5610 Canyon City,OR 97820 541-575-1675 TTY 541-575-1675 122 Official 2000 Primary Election Voters'Pamphlet—General Information Index CANDIDATES Page Page Armstrong, Rex..................................................................... 120 Knopp,Tim............................................................................ 113 Bradbury, Bill......................................................................... 103 Kvistad,Jon.......................................................................... 112 Bruebaker,Gary.................................................................... 104 LaRouche,Jr., Lyndon H...................................................... 102 Bush, George W.................................................................... 109 Landau,Jack L...................................................................... 120 Byrne,Greg.......................................................................... 116 Lundquist, Lynn..................................................................... 110 Carson,Jr.,Wallace P........................................................... 118 Mannix,Kevin L.................................................................... 112 Clarno, Bev........................................................................... 113 Merten,Charley.................................................................... 117 Cooper, Ken.......................................................................... 106 Myers, Hardy......................................................................... 105 DeMuniz, Paul J.................................................................... 116 Niven, Randall H................................................................... 117 Dunlap, Douglas................................................................... 106 Philiben,Anne N................................................................... 105 Durham, Robert D.(Skip)..................................................... 118 Ponsford,Walter.................................................................... 103 Edwards, Randall.................................................................. 104 Snodgrass, Lynn................................................................... 111 Gore,Al................................................................................. 102 Walden,Greg........................................................................ 110 Haselton, Rick....................................................................... 119 Wells, Paul Damian............................................................... 111 Keyes,Alan........................................................................... 109 Westlund, Ben....................................................................... 114 Kistler, Rives......................................................................... 119 ATTENTION: Don't be alarmed if this copy of the 2000 Primary 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. 123 SECRETARY OF STATE BULK RATE Bill Bradbury CAR-RT SORT State Capitol Building U.S.Postage PA Salem, Oregon 97310-0722 * Portland,ID � � Permit No.815 A�~% byd osta p € RESIDENTIAL CUSTOMER voter p mphlet OF O 1. 1 59 8 Deschutes OREGON VOTE BY MAIL PRIMARY ELECTION, MAY 16, 2000 Please RECYCLE this pamphlet with your newspapers DESCHUTES COUNTY VOTERS' PAMPHLET , ................................ ............ .......... ............. ............ . .......... . .......... BIENNIAL PRIMARY ELECTION MAY 169 2000 MARY SUE "SUSIE" PENHOLLOW DESCHUTES COUNTY CLERK ATTENTION This is the beginning of your county voters'pamphlet.The county portion of this joint voters'pamphlet is inserted in the center of the state portion.Each page of the county voters'pamphlet is clearly marked with a black bar on the outside edge.All information contained in the county portion of this pamphlet has been assembled and printed by your Deschutes County Clerk. vTES c 2� Office of the County Clerk Deschutes Services Bldg., • 1340 N.W.Wall St. • Bend,Oregon 97701 Telephone:(541)388-6544 Facsimile:(541)389-6830 Mary Sue*Susie*Penhollow,CountV Clerk Dear Deschutes County Voter: In 1998 Oregon voters passed a ballot measure to have all elections conducted by mail. Ballots will automatically be mailed to each registered voter for all elections.This replaces the traditional elections held at the polling place. At the May 16, 2000 Presidential Primary Election, you will be asked to make many impor- tant 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 more informed voter as you cast your ballot. In this pamphlet you will find the ballot measures, explanatory statements designed to pro- vide you with impartial and fair information, and paid arguments for or against certain mea- sures. 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 Deschutes 9-3. 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. Please Vote! Sincerely, Mary Sue"Susie" Penhollow Deschutes County Clerk 9-2 ALPHA INDEX TO VOTERS' PAMPHLET MEASURES 9-83 Adoption of A Home Rule Charter For Deschutes County............................................ 9-4 9-84 To Form A Road District and Establish Tax Rate Limit................................................ 9-16 CANDIDATES Berry, Mike ............................................................................................................................. 9-18 Daly, Mike .............................................................................................................................. 9-17 Kern, Jeff................................................................................................................................ 9-18 Kimmel, Larry......................................................................................................................... 9-19 Lakey, Ray ............................................................................................................................. 9-17 LETTERFROM COUNTY CLERK.................................................................................................9-2 OFFICIAL DROP SITE LOCATIONS ..............................................................................................9-3 VOTER REGISTRATION INFORMATION ......................................................................................9-20 VOTINGINSTRUCTIONS........................................................................................................9-20 OFFICIAL BALLOT DROP SITES Special drop sites are available at the following locations. Please note the dates and times they will be open. DROP SITE LOCATION DROP SITE TIMES DESCHUTES COUNTY CLERK'S OFFICE Available 7 days a week. 1340 NW Wall Election Day, May 16th, open until 8:OOPM. Bend Privacy Booths Provided. MIDSTATE ELECTRIC CO-OP Open Monday, May 15th, 8:00 AM to 5:OOPM. 51340 Highway 97 Election Day, May 16th, open from 8:00 AM until La Pine 8:00 PM. REDMOND CITY HALL Open Monday through Friday from 8:OOAM to 716 SW Evergreen 5:OOPM. Election Day, May 16th, open until Redmond 8:OOPM. SISTERS CITY HALL Open Monday through Friday from 8:OOAM to 150 N Fir Street 5:OOPM. Election Day, May 16th, open until Sisters 8:OOPM. SUNRIVER COMMUNITY CHURCH Open Election Day, May 16th, from 8:OOAM until #1 Theater Drive 8:OO13M. Privacy Booth Provided. Sunriver WELCOME CENTER Open Monday, May 15th, 8:OOAM to 5:OOPM. 63085 N Highway 97 Election Day, May 16th, open from 8:OOAM until Bend 8:OOPM. Privacy Booth Provided. 9-3 Official County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY Measure No. 9-83 BALLOT TITLE �1 <T: .�.• .yam ''` � NO EXPLANATORY STATEMENT FILED HOME RULE CHARTER FOR THE GOVERNMENT OF DESCHUTES COUNTY PREAMBLE We,the people of Deschutes County,in order to avail ourselves of self-determination in county affairs to the fullest extent permissible under the Oregon Constitution and laws of the State of Oregon,by this charter confer upon the county the following powers,subject to the following restrictions,and prescribe for it the following procedures and governmental structure: CHAPTER I NAME,NATURE,BOUNDARIES,COUNTY SEAT Section 1.1 Name. The name of the county as it operates under this charter is Deschutes County. Section 1.2 Nature and Legal Capacity. From the time that this charter takes effect,the county shall continue to be,as may be set forth in any provision of the Oregon Constitution, Oregon Laws,state statute or state administrative rule: (1) A political subdivision of the State of Oregon; (2) A County Court; (3) A municipal corporation of the State of Oregon; (4) An agency of the State of Oregon;and (5) A body politic and corporate of the State of Oregon. Section 1.3 Boundaries. The boundaries of the county as it operates under this charter shall be the boundaries now or hereafter prescribed for Deschutes County by state statute. Section 1.4 County Seat. The seat of the government for Deschutes County shall be in the City of Bend. (HOME RULE CHARTER CONTINUES ON FOLLOWING PAGES) 9-4 Official County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY CONTINUATION OF HOME RULE CHARTER CHAPTER II POWERS Section 2.1 General Grant of Powers. Except as this charter provides to the contrary,Deschutes County,its elected officials,officers,employees and agents shall have authority over all matters of county concern to the fullest extent granted or allowed by the laws of the United States and the State of Oregon,as fully as if each power comprised in that general authority were specifically granted by this charter. Section 2.2 Construction of Powers. This charter shall be liberally construed to the end that,within the limits imposed by this charter and by the laws of the United States and of the State of Oregon,the county shall have all powers necessary or convenient for the conduct of its affairs,including all powers that counties may assume under the statutes of the State of Oregon and under the provisions of the Constitution concerning county home rule.The powers shall be construed to be continuing powers.In this charter no mention of a particular power or enumeration of similar powers shall be construed to be exclusive or to restrict authority that the county would have if the particular powers were not mentioned or the similar powers not enumer- ated. Section 2.3 Vesting of Powers. Except as this charter or the initiative and referendum provisions of the constitution and laws of the State of Oregon prescribe to the contrary, the legislative power of the county is vested in and is exercisable only by the board of county commissioners,hereinafter called"the board". All other powers of the county are vested in the board and are exercisable only by it or by persons acting under its authority or under authority conferred by this charter. CHAPTER III BOARD OF COUNTY COMMISSIONERS Section 3.1 Governmental Structure. There shall be a Board of County Commissioners,which shall serve as the governing body for the county government. Section 3.2 Board of County Commissioners. (1) The board of county commissioners shall consist of three full-time county commissioners,elected at large. (2) A commissioner shall be elected to serve a four-year term.Commissioner positions"1"and"3"shall be elected in even-numbered years in the year of non-presidential elections.Commissioner position"2"shall be elected in even-numbered years in the year of the election of the President of the United States.Beginning with those terms expiring in January 2001,terms shall expire as of 8:00 AM on the first Monday in January of the year following the election for the position. (3) Each county commissioner office shall he a non-partisan office. (4) Effective with the 2002 election cycle and thereafter,commissioners shall qualify for office, be nominated and elected and remain qualified for office as follows: (A) Each candidate for a county commissioner position shall as of the date the candidate files for election be a qualified elector in Deschutes County and shall be and have been a resident of Deschutes County for the six month period prior to filing for election. A candidate for county commissioner shall maintain such eligibility qualifications throughout the time period of his or her candi- dacy. (B) Elections for commissioner positions shall be held in even-numbered years in accordance with applicable provisions of state law and this charter.The nominating election shall be held at the biennial primary election;the general election,if necessary,shall be held at the biennial general election.At the nominating election,the two candidates with the highest vote totals for each position on the ballot shall be nominated and thereafter appear on the ballot in the general election,except that if one candidate receives a majority of the votes cast for the office at the nominating election, that candidate shall be declared elected and no subsequent general election for that office shall be held.The term of office for elected commissioners shall commence on the first Monday in January of the year following the election. (C) To be eligible to hold the position of county commissioner,a person must be a qualified elector of Deschutes County under state law at the time of election or appointment.No appointive county officer or county employee may serve on the board while em- ployed by the county. (D) The office of any commissioner shall become vacant by reason of death,resignation,recall or as soon as the commissioner has taken up residency outside the county. (HOME RULE CHARTER CONTINUES ON FOLLOWING PAGES) 9-5 Official County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY CONTINUATION OF HOME RULE CHARTER (E) Vacancies shall be filled by appointment or election or a combination thereof,as set forth in this section: (1) Any vacated board position shall be filled by appointment by the majority vote of the remaining commissioners.The appoint- ment shall be made within 60 days of the vacancy.Deadlocks between the remaining commissioners on vacancy appoint- ments shall be broken by the drawing of lots.The appointment shall last for the balance of the term of the vacant position, unless an election is required under this section to fill the final two years of the term,in which case the appointment shall last until such time as the elected replacement takes office in accordance with this charter.In order to qualify for appointment,a person must meet residency requirements just as if he or she were running for election to the office. (2) When a vacancy occurs and the balance of the remaining term spans more than one general election and the applicable filing deadlines under state law can be met for the next general election,a replacement shall be elected to fill the final two years of the term at the next general election and shall take office in accordance with this charter.If applicable state election deadlines can be met,both a nominating and a general election,if necessary,shall be held in accordance with this charter and applicable state law.If only the state general election deadlines can be met,candidates for election shall qualify for the ballot in the same manner as prescribed in this charter for a nominating election.At the general election,the candidate receiving the greatest number of votes shall be declared to be elected. (F) A candidate otherwise eligible for election to the board shall qualify as a candidate by filing with the election officer a petition for nomination signed by at least 100 electors residing in the county for the office.The petition for nomination shall be filed with the election office in accordance with the state law for the nomination of nonpartisan county offices and shall include a declaration affirming that the candidate meets the residency requirements for the office. (G) A commissioner shall be subject to recall in accordance with state law. Section 3.3 Organization of Commission and Meetings. (1) At its first regular meeting of January each year,the board shall designate one of its members as its chairperson and one of its members as vice chairperson.If the board cannot agree on the appointment of a chairperson,then the member of the board who is longest in length of service shall act as chairperson for the next year.If two or more members have an equal length of service,then the chairperson and vice chairperson shall be chosen by lot from those members who have the longest length of service.If the chair resigns as chairperson or otherwise vacates his or her seat,a new chair shall be designated in accordance with this Section for the balance of the departed chair's term as chair. (2) The chair shall: (A) Preside over the meetings of the board; (B) Have a voice and a vote on all questions before it;and (C) Have authority to: (1) Preserve order at board meetings; (2) Enforce the rules of the board; (3) Determine the order of the board's business under the rules of the board;and (3) The vice chair shall assume the duties of the chair when that officer is unavailable or out of the county. Section 3.4 Meetings. (1) The board shall adopt rules governing its meetings and attendance by Commissioners. (2) The board shall meet with such regularity as is necessary to transact county business and fulfill its obligations to the public.Meeting shall be held regularly and publicly in the county,with a minimum of one regular meeting scheduled per month.At least one meeting pc month shall be held in the evening.Regular meetings shall be scheduled by board action.Changes in the schedule of regular meeting must be made at least 20 days before the date of such rescheduled meeting. (3) The board may hold special meetings and emergency meetings as provided by the law in effect at the time. Special or emergent meetings may be called by the chair or by the other two commissioners. (4) Telephone or other electronic means of attendance of commissioner(s)at public meetings is allowed as provided by law. (5) No commissioner present at a board meeting shall abstain from voting without first disclosing the reason for the abstention. Section 3.5 Quorum. (1) Two members shall constitute a quorum for the conduct of business. (2) Except as otherwise provided for in this charter,no action of the board shall be valid or binding unless adopted by an affirmative vote at least two members of the board. (HOME RULE CHARTER CONTINUES ON FOLLOWING PAGES) 9-6 Official County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY CONTINUATION OF HOME RULE CHARTER Section 3.6 Compensation. (1) County commissioners shall receive an initial salary and benefits under this charter the same as the salary and benefits received by the Commissioners under the initial budget adopted for fiscal year 2000-2001. (2) For the fiscal years thereafter,the board shall receive such salary and benefits as are determined to be appropriate through the budget process,provided that any increase in the Commissioners'salary in successive years over the initial salary shall be at no greater rate than the median cost of living adjustment provided to all county employees,as determined by the county budget officer,and provided further that the amount of any benefits received by the commissioners in such successive years shall not be increased at a rate greater than the median benefit increase provided to all other county employees. (3) All commissioners shall be entitled to reimbursement for all actual and necessary expenses incurred within the course and scope of employment as a county commissioner.The board shall establish a fee schedule for the rate of reimbursement for such expenses. Section 3.7 Ordinances. (1) The enacting clause of an ordinance adopted by the board and not referred to the voters shall read,"The Board of Commissioners of Deschutes County Ordains as follows:". (2) Except as this section provides to the contrary,before an ordinance is enacted,it shall be fully read in regular meetings of the board on two different days at least 13 days(not counting the day of the first reading and counting the day of the second reading)apart. (3) The board may,by a unanimous vote of the members present,allow both readings of an ordinance to meet an emergency to be held during the same meeting if: (A) A copy of the emergency ordinance is made available to the public and is provided to each member of the board prior to the time the ordinance is introduced; (B) The emergency is clearly stated in the ordinance itself;and (C) The reason for the emergency is stated in the record. The motion to adopt the emergency ordinance shall be approved by the unanimous vote of the members present.An ordinance adopted by the board for the purpose of meeting an emergency shall take effect immediately upon being adopted or as specified pursuant to Section 3.7(6)(B)herein. (4) The board may direct that either or both of the readings be by title only if all members present are in agreement or if a copy of the ordinance is made available to the public and is provided to each member of the board 10 days prior to the time the ordinance is introduced. (5) Upon enactment of an ordinance by the board,the chair of the board and the person who serves as recording secretary of the board at the session at which the board approves the ordinance shall sign the ordinance and indicate the date of its enactment.The motion to adopt such ordinance shall be approved by the affirmative vote of at least two members of the board.An ordinance adopted under this provision shall become effective on the 30th day after being adopted unless a different effective date is specified pursuant to Section 3.7(6). (6) Any ordinance adopted by the board may specify an effective date as follows: (A) An ordinance adopted pursuant to subsection(2)above may specify an effective date more than 30 days after adoption; (B) An emergency ordinance may specify an effective date not more than 45 days after adoption. (7) An ordinance initiated and approved by the voters shall take effect 30 days after the election is certified,unless the ordinance specifies a later effective date. Section 3.8 Governing Body of Special Districts. Nothing in this charter shall affect the powers and duties conferred by statute upon the Board of County Commissioners functioning as the governing body of any county service district or other special district formed prior to the effective date of this charter or thereafter. CHAPTER IV ADMINISTRATION Section 4.1 Administrative Power Generally. All functions and duties required of the county or county officials by the Oregon constitution and laws and permitted by this charter shall be the responsibility of the board.Duties and functions shall be distributed among such departments,offices and agencies as the board or this charter may establish.Except as otherwise established by the board,the county offices,departments or other institutions shall exercise their functions under the direction and supervision of the board. Section 4.2 County Administrator. (1) The board shall appoint a county administrator,who shall serve at the pleasure of the board.The board shall appoint or may remove the administrator by majority vote of the board. (HOME RULE CHARTER CONTINUES ON FOLLOWING PAGES) 9-7 Official County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY CONTINUATION OF HOME RULE CHARTER (2) The board shall delegate to the county administrator such authority,duties and functions as the board determines to be necessary or appropriate for the efficient management of the county. Section 4.3 County Counsel. (1) The board shall appoint a county counsel,who shall serve at the pleasure of the board.The board shall appoint or may remove the county counsel by majority vote of the board. (2) The county counsel shall be a member in good standing of the Oregon State Bar and shall be appointed on the basis of merit,without regard to political considerations.County counsel services may be provided by persons appointed as county employees or may be engaged on a contract basis. (3) The function of the county counsel shall be to advise the board and county officers,employees and agents,to otherwise render legal services in connection with legal issues of a civil nature arising in the discharge of their functions and to provide such other services as the board shall determine. Section 4.4 County Sheriff. (1) There shall be an elected county sheriff,which shall be a non-partisan position with a four-year term of office. (2) The sheriff shall be nominated in a nominating election at the primary election and elected in the general election during presidential election years in accordance with applicable provisions of state law and this charter.Two candidates shall be nominated in the nomi- nating election,except that if one candidate receives a majority of votes cast,only one candidate shall be nominated and appear on the general election ballot.The candidate receiving the most votes at the general election shall be elected sheriff.The term of office for a sheriff elected to office shall commence on the first Monday of January in the year following the election. (3) The sheriff shall designate a chief deputy or other senior ranking deputy,who shall act as sheriff in the event the office becomes vacant in accordance with Section 4.4(6)herein. (4) The sheriff's qualifications and duties shall be as provided by law. (5) The sheriff shall be subject to recall in accordance with state law. (6) In the event of vacancy in office,the chief deputy or other senior ranking deputy shall serve as sheriff until a replacement is appointed by the affirmative vote of two members of the board.The appointment shall last for the balance of the term of the vacant position, unless an election is required under this section to fill the last two years of the term,in which case the appointment shall last until such time as an elected replacement takes office in accordance with this charter.When a vacancy occurs and the balance of the remaining term spans more than one general election and the applicable filing deadlines under state law can be met for the next general election, a replacement shall be elected to fill the final two years of the term at the next general election and shall take office in accordance with this charter.If applicable state election deadlines can be met,both a primary and a general election shall be held in accordance with this charter and applicable state law.If only the state general election deadlines can be met,candidates for election shall qualify for the ballot in the same manner as prescribed under state law for a nominating election.At the general election,the candidate receiving the greatest number'of votes shall be declared to be elected. Section 4.5 District Attorney. The district attorney is a state official and the attributes of the office of district attorney shall not be affected by this charter. Section 4.6 Other Elected Officials. Other than the commissioners and the sheriff,there shall be no elective county offices.The functions of other offices that heretofore have been elective offices shall,subject to Section 7.5,after the effective date of this charter be performed by officials appointed by the board or its delegate. Section 4.7 Boards and Commissions. The board shall establish such appointive boards and commissions as are prescribed by the laws of the state or as the board finds necessary for the proper administration of county affairs. CHAPTER V GENERAL PROVISIONS Section 5.1 Expenses and Capital Budgets. Budgets shall be made and approved in accordance with the local budget laws. (HOME RULE CHARTER CONTINUES ON FOLLOWING PAGES) 9-8 Official County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY CONTINUATION OF HOME RULE CHARTER Section 5.2 Audits and Performance Audits. Audits shall be performed in accordance with local budget laws.Each year the board shall select an outside auditor to conduct a performance audit of two(2)or more departments with such report being transmitted directly to the board. Section 5.3 Procurement. Procurement of materials,equipment and services shall be in accordance with local contract review board rules. Section 5.4 Multi-year real or personal property agreements. The board may include in any multi-year agreement for the purchase,lease or mortgage of real or personal property a covenant to budget and appropriate in each fiscal year,in accordance with law,sums sufficient to pay when due the amounts owing under the contract. CHAPTER VI PERSONNEL Section 6.1 Personnel Policy. The personnel policies or any functional equivalent in effect upon adoption of this charter shall remain in effect until changed. CHAPTER VII TRANSITION Section 7.1 Effective Date. Except as otherwise specifically stated herein,the effective date of this charter,or any provision herein,shall be September 1,2000. Section 7.2 Effect of Charter Passage on Existing Board. Except as set forth in Section 3.2.2 regarding the precise time for expiration of a term,passage of this charter shall have no effect on the length of the term of office for any existing county commissioner office nor the tenure of any person holding such a position as of the passage of this charter. Section 7.3 Effect of Charter Passage on 2000 Commissioner Election. Passage of this charter shall have no effect on the election held in the year 2000 to fill the office of county commissioner position"2 Section 7.4 Effect on Sheriff. Passage of this charter shall have no effect on the term of office of the incumbent sheriff at the time this charter becomes effective. Section 7.5 Office and Tenure of Other Elected Officials. (1) The elected office of surveyor is hereby abolished as of 8:00 AM on the first Monday of January 2001,and the election of any person to that office during the elections held in the year 2000 shall be of no effect.There shall be no election held to fill that office in any election cycle thereafter. (2) Except as set forth herein,passage of this charter shall not affect the elected offices of the assessor,clerk and treasurer.There shall be no election held to fill the offices of assessor,clerk and treasurer during the year 2002 election cycle or in any election cycle thereafter.The elected offices of assessor,clerk and treasurer shall be abolished upon the expiration of the term of office concluding in January 2003. Section 7.6 Administrative Departments. The existing county departments at the inception of this charter shall continue until reorganized,unified,abolished,or new departments are established by county ordinance. (HOME RULE CHARTER CONTINUES ON FOLLOWING PAGES) 9-9 Official County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY CONTINUATION OF HOME RULE CHARTER CHAPTER VIII MISCELLANEOUS PROVISIONS Section 8.1 Initiative and Referendum. Except as county ordinance or this charter prescribes to the contrary,the manner of exercising the initiative and referendum with reference to a county measure shall be in the manner prescribed by the constitution and laws of the state for doing so. Section 8.2 Substance of Charter. The substance of this charter,and any amendments thereto,shall be limited to include only matters relating to the structure,organization and administration of Deschutes County government; to the powers and duties of elected and appointed officers of Deschutes County;to the election and appointment of county officers;to the manner in which county laws are enacted and to the process for amendment or repeal of this charter. Section 8.3 Charter Amendment,Revision and Repeal. (1) This charter may be amended,revised or repealed in accordance with this chapter by the voters of the county at a general or primary election held in even-numbered years.Such proposed changes shall appear on the ballot at the next such election for which applicable filing deadlines can be met. (2) Initiation of changes by board: (A) A proposed amendment to this charter may be initiated by a majority vote of the board approving a resolution referring such a measure to the voters of the county. (B) A proposed revision or repeal of this charter may be initiated by a unanimous vote of the board approving a resolution referring such a measure to the voters of the county. (C) A proposed amendment,revision or repeal to or of this charter may be approved and referred to the voters of the county only after the board has held at least one hearing upon the proposed amendment, revision or repeal. The text of the proposed measure amending,revising or repealing this charter shall be made available to the board and members of the public at least 20 days in advance of the date of the hearing.Such a resolution shall be filed with the elections officer at least 90 days before the election at which the measure is to come before the voters. (D) Any measure that changes the charter in more than one particular shall constitute a revision rather than an amendment. (3) Initiation of amendment or repeal by voters: (A) Any proposal to amend or repeal this charter may be initiated by the voters of the county in a manner consistent with the applicable requirements of this charter and the constitution and laws of this state. (B) An initiative petition to submit a charter amendment or repeal to the voters shall be filed with the elections officer 90 days before the election at which the measure is to come before the voters. (C) The number of signatures of registered voters required on a petition to amend or repeal this charter shall be eight percent of the total number of voters of the county who voted for the position of governor of the state in the last general election at which said office was filled for a four-year term. (4) More than one amendment may be voted on at a time,provided each amendment is stated as a separate measure. Each amendment shall embrace only a single subject. (5) Any charter amendment or charter repeal shall become effective 30 days after the vote of the election is certified to the board by the county elections officer. Section 8.4 Charter Review Committee. (1) A charter review committee shall be convened by order of the board in accordance with the following schedule:(a)not later than three years after the effective date of this charter;and in addition(b)not later than once during every ten year period of time after the effective date of this charter.At times additional to those set forth herein,a charter review committee may be convened only by order of the board as the board by majority vote shall deem necessary.The purpose of convening the charter review committee shall be to determine whether revisions or amendments to the charter are necessary or desirable. (2) The committee shall be appointed as follows:Four members by the majority vote of the board;four members by the majority vote of the state legislators then representing the County and one additional member appointed by a majority vote of those appointed to the commit- tee by the board and by the state legislators.No member of the board or of the legislative delegation may serve as a member of the charter review committee. (3) The length of the committee members'terms,the duration of the committee and any other details shall be established by ordinance. (HOME RULE CHARTER CONTINUES ON FOLLOWING PAGE) 9-10 Official County 2000 Primary Election Voters'Pamphlet DESCHUTES COUNTY CONTINUATION OF HOME RULE CHARTER (4) The charter review committee shall report to the people and to the board its findings and recommendations,including any amendments or revisions it proposes to the charter and shall hold at least one hearing on such proposed amendments or revisions.Such hearing shall be held upon at least 20 days notice to the public. (5) The committee shall submit to the voters for a vote any amendment or revision it so recommends at least 90 days prior to the election at which it is to come before the voters. Section 8.5 Severabiliry. If any provision of this charter is held invalid,the other provisions of this charter shall not be affected thereby.If the application of this charter or any of its provisions to any person or circumstance is held invalid,the application of this charter and its provisions to other persons or circumstances shall not be affected thereby. Section 8.6 Continuity. (1) The taking effect of this charter causes no break in the existence or legal status of the county or of any county service district or any commission or board established by the board of commissioners or of any appointments made,whether authorized by statute or other- wise,by the board of commissioners to any board or committee. (2) All rights,claims,causes of action,contracts,and legal and administrative proceedings of the county that exist just before this charter takes full effect,continue unimpaired by this charter after it takes full effect.Each shall then be in the charge of the officer or agency designated by this charter or by its authority to have charge of it. (3) All county legislation,orders,rules,and regulations that are in force just before this charter takes full effect remain in force after that time,insofar as they are consistent with this charter,without change until amended or repealed. THIS IS THE END OF THE HOME RULE CHARTER 9-11 Official Deschutes County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY - MEASURE 9-83 ARGUMENT IN FAVOR ARGUMENT IN FAVOR VOTE'YES'!HOME RULE PROVIDES LOCAL CONTROL! Vote"YES'for Home Rule and Local Control. As members of the committee that drafted the proposed The Home Rule Charter serves the best interest of the citi- 'Deschutes County Home Rule Charter',we want you to zens of Deschutes County because it gives us the authority to understand why the Charter is so important: it will pro- determine how our county government is organized and ad- vide us with local control and create a more efficient& ministered as our county grows and changes. effective form of government. As a"General Law"county we are now governed under a struc- The first major change provides that the Treasurer,Clerk,As ture&rules established by the Oregon Legislature,and they sessor&Surveyor become'appointed' rather than 'elected'. can make changes. With "HOME RULE", the voters of These positions require specific skills, experience&educa- Deschutes County will be able,through the initiative or refer- tion.We will be able to hire the best qualified persons who will endum process, to adapt to changing needs and conditions be directly responsible to our 'elected' commissioners, and by modifying our county government. not operate as independent department heads that now must LOCAL CONTROL IS THE MOST IMPORTANT VALUE TO raise money and spend time campaigning instead of doing BEING A'HOME RULE'COUNTY!!M their job. Under the proposed charter the following are significant: The second major change is that the positions of County Com- missioner will become nonpartisan.County governments are • The county commission remains three full time commis- not confronted with partisan issues as often face state&fed- sioners elected at large, but the offices will become non- eral legislatures. partisan,thus avoiding party politics.Commissioners do not Other features require at least one evening meeting per month face partisan issues. to improve public access; at least two departments perfor- • The positions of treasurer, assessor, clerk, and surveyor mance audits per year;tightens controls on emergency ordi- will be appointed positions. Under the present structure nances; caps commissioners pay raises at the levels being these departments operate independently without any con- received by other county employees. trol by the commission except during the budget process. Under'Home Rule'these department heads would be ap- We now operate as a'General Law'county with our form of pointed by the elected commissioners based on the spe- government dictated by the politicians in Salem.Through a cialized skills and experience needed in each position.The Charter we are able to modify our county government to meet commission will oversee their performance and they can our changing needs&situations through the initiative process. be removed at its discretion.Through this system the most WE RULE AT HOME. technically qualified people will hold these important posi- When we were appointed by our State Legislators and tions. County Commissioners over 3 1/2 years ago only one of Other changes would do the following: us supported a'Home Rule Charter'but after thoroughly researching the issue we are unanimous in our belief that • Put a cap on commissioners'salaries by limiting raises to this Home Rule Charter is in the best interest of the citi- the average percentage received by other county employ- zens of Deschutes County. ees. We hope you will agree and join in voting'YES'for Home • Require at least one monthly evening meeting of the com- Rule in May. mission to allow more citizen access. Darrell Davidson,Tumulo • Put requirements in place to minimize the use of 'emer- Deak Preble,Bend gency'ordinances. The above listed changes are positive steps. However, the Jim Bergman,Sunriver most important value of'HOME RULE' is that it provides us Ron Bryant, Redmond with LOCAL CONTROL! Peggy Speiger, LaPine Bob Borlen Mike Hoover, Bend Pat Elliott Jim Carnahan,Bend Tom DeWolf Bob Riggs, Redmond Fred Boyle Allan Bruckner John Schubert Suzanne Johannsen Peter Geiser (This Information furnished by James C.Carnahan, (This Information furnished by Elliott M.Preble Jr., Citizens For Local Control.) Citizens For Local Control.) The printing of these arguments does not constitute an endorsement by The printing of these arguments does not constitute an endorsement by the County of Deschutes,nor does the county warrant the accuracy or the County of Deschutes,nor does the county warrant the accuracy or truth of any statement made in the arguments. truth of any statement made in the arguments. 9-12 Official Deschutes County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY - MEASURE 9-83 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION JOIN US IN SUPPORTING HOME RULE!! TAXATION WITHOUT A VOTE:As currently drafted,the Home The Home Rule Charter Committee did an admirable job! Rule Charter allows Commissioners to create new taxes with- I encourage you to vote'YYS'for the local control and the out reference to the voting public. Motel tax increases, local special provisions that it provides. gas taxes, meal taxes, and local improvement taxes are ex- amples of taxes that could be imposed by a quorum of two County Commissioners without referring the measure to a ma- I especially like the idea that this charter will allow our county jority of the voters.Do Deschutes County residents really want government to function in a non-partisan way, where ideas the County Commissioners alone to have that kind of power? and solutions are judged on their merits.Nationwide,as cities ELECTED POSITIONS ELIMINATED:The Home Rule Char- and counties grow, their operations usually become vulner- ter eliminates the right of County residents to vote for the po- able to gridlock as a result of partisan maneuvering,postur- sitions of Assessor, Clerk,Treasurer and Surveyor. Instead, ing,and bickering.Let's make sure that doesn't happen here! these would become political appointments subject only to the Bob Riggs,past Redmond Mayor preference of a quorum of two County Commissioners.Ac- I enthusiastically support this proposal to create a'char- countability to the voting public between the policy makers ter form'of government for Deschutes County.My expe- and those who execute County business would be lost. Do riences in local government convince me that this pro- Deschutes County residents really want the people who count vides us with the highest level of efficiency and account- our money, assess the value of our real and personal prop- ability.It also provides us with the opportunity to make erty, survey our public lands and count our votes to be be- changes is we grow and change. yond the reach of our votes? Ruth Burleigh,past Bend Mayor DECREASED VOTER CONTROL:The Home Rule Charter's The proposed county Charter will provide our citizens with a most obvious impact is to consolidate governing power in the hands of the County Commissioners while doing little to change government that is more accountable to its citizens and more the existing system of governance.A quorum of two Commis- flexible in meeting the changing needs as our county grows sioners can conduct County business.Management of County and changes.Making the Surveyor,Assessor,Treasurer and business is placed with Commissioners who may have little Clerk appointed department heads that report directly to the or no experience running a large,complex government entity. commissioners allows the county to hire the most competent Do Deschutes County residents really want to lose voter con- and knowledgeable people to serve us in these positions that trot with no gain in professional management or efficiency in require special skills and experience.I also strongly favor the government infrastructure? concept of having county commissioners elected on a non- partisan basis. NOT A TOOL FOR REFORM: As originally proposed, the Home Rule Charter could have been a tool for reform;as pre- Nancy Schlangen,past County Commissioner sented now for your vote,the Home Rule Charter only makes The Home Rule Charter makes some very basic and posi- the Commission stronger and your vote weaker. tive changes to our form of county government. It ac- VOTE NO FOR HOME RULE! knowledges that county issues are neither Republican or Democrat and that individuals who are going to repre- sent us at the county level should be elected based on their merits and experience not on their party affiliation. Linda Swearingen,County Commissioner (This Information furnished by Jacques A.DeKalb.) (This Information furnished by Elliott M.Preble Jr., Citizens For Local Control.) The printing of these arguments does not constitute an endorsement by The printing of these arguments does not constitute an endorsement by the County of Deschutes,nor does the county warrant the accuracy or the County of Deschutes,nor does the county warrant the accuracy or truth of any statement made in the arguments. truth of any statement made in the arguments. 9-13 Official Deschutes County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY - MEASURE 9-83 ARGUMENT IN OPPOSITION ARGUMENT IN OPPOSITION Dear Voter: As a former Deschutes County Commissioner, I urge you to I urge you to vote NO on the Home Rule Charter. VOTE NO on the proposed home rule charter. The Home Rule Charter will not affect my current position as Our founding fathers established a system that balanced the County Clerk because I would be allowed to complete my county-wide power of the commissioners with other county- elected term.Yet I feel it is my duty as a concerned County wide elected officials.The system works well.Sometimes you official to express my reservations about this measure. may find an official who doesn't meet your expectations and Here are just a few of m concerns: that is why we have elections—to give the voters the opportu- y nity to make a change!Again the system shows that is works. Taxes could be levied without a vote of the people. What is the problem with our current structure of government According to a ruling from the County's legal department,un- that needs to be fixed? der this Home Rule,commissioners may implement new lo- cal taxes(gas,business,room,meals,etc.)without going to This Charter eliminates the elected county offices of Clerk, the voters.We now have safeguards that require a vote. Treasurer,Surveyor and Assessor.Do you want your elected officials appointed and controlled by the Commissioners?This Voters will lose the checks and balances currently In place. Charter centralizes all power for county government in Past experience has shown that commissioners have at- the hands of 3 people. tempted to direct or influence an election.Yet the Clerk is an elected official whose loyalty is to the people and the law.Un- Deschutes County is a general law county and the Commis- der Home Rule,the commissioners would appoint this posi- sioners cannot raise taxes without a vote of the people.The tion and direct the clerk's duties.The public would then lose proposed charter changes that! the independence of the elected Clerk because the office would CHAPTER II-POWER become an additional arm of the commissioners. Under this Home Rule Charter, new taxes could be cre- Home Rule can create a 7-month "lame duck" commis- ated without a vote of the paople.For example,a gas tax, sioner. local sales tax, food and beverage tax, motel/hotel tax, etc. With just a 38 percent voter turnout,a commissioner could be could be imposed.The proposed home rule charter takes elected in May by only 19.5 percent of the registered voters.If away your right to vote for or against these new taxes. the defeated candidate was an incumbent, how can you be Except for income tax and property taxes,there is no imit - sure that defeated candidate would have our County's best tion of taxing authority given to the Commissioners. interest at heart over the next 7 months? H Please join me in rejecting this Charter. Home Rule will cost taxpayers more money. Other Oregon counties are finding that the use of the initiative petition with Home Rule is needlessly excessive,costing thou- sands of dollars in election costs.These costs would be paid by your tax dollars! If it's not broke... Let's continue voting on local officials like 29 counties in Or- egon. Keep local control and your right to vote! Vote NO on Home Rule. (Information furnished by Dorothy Cale McClain.) (This Information furnished by Susie Penhollow.) The printing of these arguments does not constitute an endorsement by The printing of these arguments does not constitute an endorsement by the County of Deschutes,nor does the county warrant the accuracy or the County of Deschutes,nor does the county warrant the accuracy or truth of any statement made in the arguments. truth of any statement made in the arguments. 9-14 Official Deschutes County 2000 Primary Election Voters' Pamphlet DESCHUTES COUNTY - MEASURE 9-83 ARGUMENT IN OPPOSITION Imagine what will happen to Deschutes County if most of the currently-elected officials are appointed by the County Com- missioners. We would have no say about who counts our votes, pre- serves our deeds,accesses or property,surveys our land,and invests our money. This will happen if measure 9-83 is passed. Hiring professionals instead of electing our officials may sound efficient.However,Home Rule would replace our elected offi- cials with appointed people who would report to the commis- sioners.Without facing election every four years,such county officials could seemingly operate their offices without being accountable to the voters of Deschutes County. Taxes could be levied against us without a vote.The com- missioners would,have the right to create new local taxes,like gas taxes, room taxes,and business taxes. In a legal opinion quoted by the Deschutes County legal counsel,the "charter does not include any requirement that tax measures be voted on by the people of the County." We now have the choice on who will represent us in county government.Every four years there is a job evaluation being completed at the ballot box. If voters are the one doing the "hiring"via the ballot box, an elected official will remember that in the administration of his or her position. With Home Rule,voters lose control and power. With Home Rule county commissioners gain control and power. Review the Charter!Ask questions.Review the legal ruling. • Home Rule gives unlimited power to the Commissioners. • It takes away your voice in county government. Don't give up our right to vote for local public officials. It is the best guarantee of good government we've yet to de- vise. Please join me in voting"NO"on Home Rule! (This Information furnished by Tom Ryder.) The printing of these arguments does not constitute an endorsement by the County of Deschutes,nor does the county warrant the accuracy or truth of any statement made in the arguments. 9-15 Official Deschutes County 2000 Primary Election Voters' Pamphlet SUN MOUNTAIN RANCHES SPECIAL ROAD DISTRICT Measure No. 9-84 MAP OF PROPOSED DISTRICT BALLOT TITLE w_=(j(op tff$.Sltl Mountain RaachL%5 ist Road nistric� t z r CAS6RD ESTAT€S r?R n 1 EXPLANATORY STATEMENT A special road district would be established covering the area ^- LAWM RD within Sun Mountain Ranches subdivision.The name of the ((( --- — ------- -------' district would be the Sun Mountain Ranches Special Road ��w�.«, T� Pafew Line , District.The purpose of the district would be to provide for : ,«. S^1.1 Rood olsW improvement and maintenance of roads within the district in accordance with ORS 371.305 to 371.360. If approved,this measure would authorize the district to tax properties within the district for road improvement and main- tenance.The tax rate would be limited to$3.65 per$1,000 of assessed value.The district taxes would be imposed starting with tax year 2000-2001.If this measure is approved,a three- member board of commissioners would be appointed by the Board of County Commissioners from amongst voters within the proposed district. A map of the proposed district is included in this voter's pam- phlet. NO ARGUMENTS FOR OR AGAINST THIS (This Information furnished by Linda L.Swearingen, Chair) MEASURE WERE FILED 9-16 Official Deschutes County 2000 Biennial Primary Election Voters' Pamphlet DESCHUTES COUNTY COMMISSIONER, POSITION #2 COMMISSIONER, POSITION #2 RAY MIKE LAKEY DALY wu REPUBLICAN REPUBLICAN OCCUPATION:President;Triple R Distributing Inc.,dba Ken's OCCUPATION:Small Business Owner(Mike Daly Excavation/ Ice.May 1990 until present. 16 years) OCCUPATIONAL BACKGROUND:Beckmann Furniture Co., OCCUPATIONAL BACKGROUND: Oregon State Police Of- Owner.Nov 1990-Feb 1992.R&R Beverage Distributors Inc, ficer,Private Pilot and Investigator for Local Law Firm,Licensed owner-partner 1977 to 1990. Stewart Food Brokerage Nov., Realtor,Construction Superintendent,Owner/Operator of Ex- 1975 to Jan.1977.Johnson's Wax Salesrep 1961-1970-Sales cavation Company. Manager—Oregon 1970-1975. EDUCATIONAL BACKGROUND: Graduate Culver High EDUCATIONAL BACKGROUND: Greenacres Grade School School. Umpqua Community College, Police Science & En- 8th grade; Merced High -12th grade;Washington State Link glish studies. Central Oregon Community College, Real Es- versity 14th-San Francisco State College Bus.Adm.major. tate and business Law Studies. PRIOR GOVERNMENTAL EXPERIENCE: 9 years Bend- PRIOR GOVERNMENTAL EXPERIENCE: Lapine School District Budget Committee 1990-1999;Elected •State Construction Contractors Board Chair - 2 terms. Bend-Lapine School District Supertendent •Chairman of State Construction Contractors Board Screening Committee. •Redmond Planning Commission A respected Business and Community Leader for the County's •City of Redmond Standards&Specifications Committee Business. CIVIC INVOLVEMENT: Habitat for Humanity, Boys and Girls Family:Married Marilyn Person in 1964.Two Sons Chris and Club,Dave Jacqua"Field of Dreams",Rotary Club of Redmond. Steve and Daughter Katie; Our sons work with me at Ken's The County Commissioner's position is a complex job requir- Ice;Katie works in Washington D.C.for Voter.com. ing a wide variety of 'real-life' experiences to be effective. I Elected Positions:Western Ice Association Board(11 Western have that'real-life'experience. States-2 terms) Elected 3 terms to Oregon Beer and Wine A County Commissioner faces law enforcement issues...I was Wholesalers Board. a State Police Officer for 9 years.Our rapidly growing county Community Services: Cascade Festival Board; Easter Seals is dealing with issues at the Bend and Redmond Airports...I Advisory Board;Bend Recycling Team Board;Bend Park and hold a commercial pilot's license and have flown in and out of Recreation Baseball Coach;Deschutes County Children Foun- both airports many times.I understand and have a good work- dation Board;Bend School Foundation Board;Sponsor of sage- ing knowledge of the airport issues.A County Commissioner brush Classic; Sponsor Children's Festival and many other must be able to work effectively with the legislature in childrens events in Central Oregon. Salem...Two Oregon governors have appointed me to the Or- egon Lake will work for the people: children and families will Construction Contractors Board...A consumer protection Ray y p p agency in Salem.Deschutes County maintains over 800 miles be my first priority. Expand south county service availability. of roads...I have built some of these roads. Make dealing with County Agencies less confrontational is a primary goal.Being readily available to listen and respond. All this points to one thing...I am the experienced,thoughtful and common sense candidate for Deschutes County Taxes:Keep the county on the current track of living within its Commissioner...I am Mike Daly and I would like your vote! means.Scrutinize all tax and fee increases—Are they neces- sary and fair.Environment:Maintaining air and water quality is of vital importance. Get involved—Participate in your Government. Ray Lakey Will Provide Leadership—Common Sense And is Dedicated to Deschutes County. (This Information furnished by Raymond L.Lakey.) (This Information furnished by Mike Daly.) 9-17 Official Deschutes County 2000 Biennial Primary Election Voters' Pamphlet DESCHUTES COUNTY SURVEYOR SURVEYOR MIKE : JEFF BERRY KERN NONPARTISAN NONPARTISAN OCCUPATION: Land Surveyor OCCUPATION: Deschutes County Surveyor OCCUPATIONAL BACKGROUND: Registered Professional OCCUPATIONAL BACKGROUND: County Surveyor since Land Surveyor in Oregon.My 24-year surveying career includes 1989;Adjunct Assistant Professor of Surveying, University of public and private sector work. I was a partner in a local sur- Oregon, 1982 to 1990;Surveyor, Deschutes County Dept.of veying company and have worked as a surveying instructor at Public Works, 1973 to 1977; Professional Land Surveyor in COCC.Currently the Engineering Assistant Team Coordinator private practice since 1977. for the Deschutes County Road Department where my respon- EDUCATIONAL BACKGROUND: Bachelor of Science De- sibilities include surveying roads,indexing and archiving road gree, Fairleigh Dickenson University. surveys,and researching road right of way status for local sur- veyors,title companies, realtors,and the public. PRIOR GOVERNMENTAL EXPERIENCE: Appointed Bend EDUCATIONAL BACKGROUND:A.S.degree in Forest Tech Urban Area Planning Commission; Member of Bend Vision ED ED from C.O.C.C. Committee; County Surveyor, Jefferson County, 1978-1988; gy Member: Oregon Association of County Engineers and Sur- PRIOR GOVERNMENTAL EXPERIENCE: None veyors;Oregon Land Records Committee. If you are concerned about the proper use of almost a million EXPERIENCE DESCHUTES COUNTY CAN DEPEND ON— dollars of taxpayers'money dedicated for surveying work,then JEFF KERN has been a member of the surveying profession I hope you will consider my candidacy and vote for me. since 1964,and has been a County Surveyor for 21 years.He The County Surveyor performs three major duties: 1)review- surveyed many public works projects, and gained a working ing surveys for mathematical correctness and compliance with knowledge of the County record keeping systems during his laws; 2) filing and archiving surveys; and 3) preservation of four years with the Deschutes County Road Dept. He was survey corners that define the boundaries of every square mile County Surveyor for Jefferson County for 10 years.He knows section of land within the county. and understands the duties and responsibilities of this office. This third duty is funded by deed recording fees and comprises A PRACTICAL UNDERSTANDING OF ISSUES—JEFF KERN the majority of the County Surveyor's budget.The section cor- is a successful businessman and consultant in private prac- ners preserved by this fund are critical, potentially affecting tice. He knows the importance of cooperating with people to boundaries of every parcel of land within a section.According get the job done.Jeff has worked closely with local,state,and to public records,in the years 1997,1998 and 1999,the County federal agencies while surveying ski lifts and other improve- Surveyor's Office preserved an average of only 28 corners a ments at Mt.Bachelor,Willamette Pass,HooDoo,and Timber- year with 38%of these corners being east of Millican,far from line. where the population density and projected rate of develop- AN INNOVATOR—JEFF KERN developed and installed the ment in the county are greatest. Deschutes County Control Survey.He brought together a team I believe that Deschutes County deserves a County Surveyor of talented and hard-working surveying specialists.Together, with my dependability,experience,leadership skills and prac- they archived the county's map records on microfilm,created tical understanding of the issues involved.In an era of unprec- and distributed a computerized data retrieval and map imag- edented growth,we need to preserve survey corners that most ing system, restored hundreds of Public Land Corner monu- directly affect the greatest number of citizens within the county. ments, and extended the federal High Accuracy Reference If you want ahard-working surveyor who will ensure that tax- Network throughout the county. payers dollars are spent wisely and appropriately, then vote A PROVEN LEADER—JEFF KERN is a past president of the for Mike Berry for County Surveyor. Professional Land Surveyors of Oregon,and in 1995,was voted County Surveyor of the Year for Oregon. JEFF KERN'S knowledge of Deschutes County and its land records,his years of experience,and his professionalism will continue to be an asset to Deschutes County government. (This Information furnished by the (This Information furnished by Re-Elect Jeff Kern Committee to Elect Mike Berry.) County Surveyor Committee) 9-18 Official Deschutes County 2000 Biennial Primary Election Voters' Pamphlet DESCHUTES COUNTY COMMISSIONER, POSITION #2 NO PHOTO LARRY SUBMITTED KIMMEL DEMOCRAT OCCUPATION:Part-owner&managing partner,Hawk Devel- opment(developers of La Pine Chevron and A&W Restau- rant), 1998 to present OCCUPATIONAL BACKGROUND: 1995-97 Consultant in gasoline distribution; 1976-95 General Manager/Secretary Treasurer,Traughber Oil Co., Bend; 1974-76 Manager, Cas- cade Investment; 1971-74 Credit analyst, salesman, Dun & Bradstreet EDUCATIONAL BACKGROUND: 1967-71 Gonzaga Univer- sity,B.S.Business Administration, Marketing major PRIOR GOVERNMENTAL EXPERIENCE: 1994 to present— Deschutes County Budget Committee(served 2 years as chair); REMEMBER! 1993 to 95—Bend Citizen's Advisory Committee on Transpor- tation All ballots must be received EXPERIENCED IN GOVERNMENT— My involvement in lo- at a drop site cal government began with a two-year term on the City of Bend p Transportation Committee.For the last five years,I have served on the Deschutes County Budget Committee, working with or the Deschutes County Clerk's elected officials and other citizens to ensure that you get the Office b no later than most for your dollars. y EXPERIENCED IN BUSINESS-1 have been in business in 8:00 May 16 2000. Central Oregon for more than 25 years.With this experience, p.m., y 1 will apply business principles and practices to the manage- ment of county programs. I appreciate the importance of local government working in partnerships. I can help to build con- sensus and collaborative relationships among county depart- The County Clerk's Office ments, community organizations, local businesses, and indi- viduals. will be open EXPERIENCED IN COMMUNITY SERVICE—Volunteering my on Election Day, May 16, 2000 time for sports and educational programs has allowed me to repay this community for the support given my three children from 7 a.m. until 8 p.m. during their time in local schools.I have served as a volunteer basketball coach for Mountain View High School for six years, spent ten years coaching boys and girls basketball teams for the Bend Metro Park and Recreation District, and served on the United Way Campaign for two years. MY COMMITMENT—As your Deschutes County Commis- sioner, I will bring knowledge,compassion,and responsibility to this office,and will continue to keep your tax dollars working efficiently. I ask for your vote for Deschutes County Commissioner. (This information furnished by Larry C. Kimmel.) 9-19 VOTER REGISTRATION INFORMATION To be eligible to vote in the May 16th Primary Election, a completed voter registration card must be postmarked by April 25,2000.To choose a political party or change parties,the voter registration card must be received by April 25. Postmarks do not count for party changes. TO REGISTER TO VOTE IN OREGON,YOU MUST BE: 1. A resident of Oregon. 2. A United States citizen. 3. At least 18 years old by election day. YOU MUST UPDATE YOUR REGISTRATION IF: 1. Your residence or mailing address changes. 2. Your name changes. 3. You wish to change your party affiliation. IMPORTANT NOTE: If you have moved or your name has changed and you have not yet updated your registration, you are still eligible to vote. Contact the Deschutes County Clerk's office, 388-6546 for further information. MADE MISTAKE ON BALLOT OR NEED A NEW BALLOT If your ballot is lost,destroyed, damaged or you make a mistake in marking your ballot,you may obtain a replacement ballot by contacting the Deschutes County Clerk's office at 388-6546. VOTERS WITH DISABILITIES If you need assistance in voting, please contact the Deschutes County Clerk's office at 388-6546. REMINDER:YOUR BALLOT WILL NOT BE COUNTED IF YOUR ENVELOPE IS NOT SIGNED! DESCHUTES COUNTY ELECTION RESULTS Election results are available after 8:00 PM on May 16th from the County Clerk's office or on the internet at(http://www.deschutes.org).The results will be updated throughout the night. VOTING INSTRUCTIONS At the Biennial Election of 2000 the voters of Deschutes County will cast their votes on the ballot illustrated below. This page has been inserted into the Voters' Pamphlet as an aid for using this ballot. 1. TO VOTE YOU MUST BLACKEN THE OVAL(4"COMPLETELY WITH A PENCIL. 2. TO WRITE-IN A NAME—BLACKEN THE OVAL(4iiilllilio)TO THE LEFT OF THE DOTTED LINE AND WRITE-IN THE NAME ON THE DOTTED LINE. EXAMPLE PRESIDENT(VOTE FOR ONE) 7tO JOHN ALLEN DOE �THOMAS JEFFERSON O J.Q.PUBLIC 3. DO NOT CROSS OUT—IF YOU CHANGE YOUR MIND, CONTACT THE COUNTY CLERK'S OFFICE AT 388-6546 FOR A REPLACEMENT BALLOT. 4. REMEMBER TO VOTE BOTH SIDES OF YOUR BALLOT 9-20