constitution of oregon proposed amendments and …the constitution is here published as it is in...

CONSTITUTION OF OREGONProposed Amendments and Revisions

The 2019 regular session of the Legisla-tive Assembly proposed one amendment tothe Constitution of the State of Oregon.Senate Joint Resolution 18 is to be submittedfor approval or rejection at the regular gen-eral election on November 3, 2020.

The 2019 regular session of the Legisla-tive Assembly did not propose any revisionsof the Constitution of the State of Oregon.

For the convenience of the user, eachpending proposed constitutional amendmentor revision is set forth.

As set forth below, material in boldfacewould be added to existing sections by aproposed amendment or revision, while[bracketed] material would be deleted. Com-plete new sections begin with SECTION

.

REGULAR GENERAL ELECTION November 3, 2020

Senate Joint Resolution 18 proposes the following:PARAGRAPH 1. Section 8, Article II of the Con-

stitution of the State of Oregon, is amended to read:Sec. 8. (1) The Legislative Assembly shall enact

laws to support the privilege of free suffrage, prescrib-ing the manner of regulating, and conducting elections,and prohibiting under adequate penalties, all undue in-

fluence therein, from power, bribery, tumult, and otherimproper conduct.[—]

(2) The Legislative Assembly, the governingbody of a city, county, municipality or district em-powered by law or by this Constitution to enactlegislation, or the people through the initiativeprocess, may enact laws or ordinances within itsjurisdiction that:

(a) Limit contributions made in connectionwith political campaigns or to influence the out-come of any election in a manner that does notprevent candidates and political committees fromgathering the resources necessary for effective ad-vocacy;

(b) Require the disclosure of contributions orexpenditures made in connection with politicalcampaigns or to influence the outcome of anyelection;

(c) Require that an advertisement made inconnection with a political campaign or to influ-ence the outcome of any election identify the per-sons or entities that paid for the advertisement;and

(d) Limit expenditures made in connection withpolitical campaigns or to influence the outcome ofany election to the extent permitted under theConstitution of the United States.

(3) Subsection (2) of this section applies to lawsand ordinances enacted by the Legislative Assem-bly or the governing body of a city, county, mu-nicipality or district, or enacted or approved by thepeople through the initiative process, on or afterJanuary 1, 2016.

Oregon Constitution (2019 Edition)

CONSTITUTION OF OREGON



CONSTITUTION OF OREGON2019 EDITION

The Oregon Constitution was framed by a conven-tion of 60 delegates chosen by the people. The conven-tion met on the third Monday in August 1857 andadjourned on September 18 of the same year. On No-vember 9, 1857, the Constitution was approved by thevote of the people of Oregon Territory. The Act ofCongress admitting Oregon into the Union was ap-proved February 14, 1859, and on that date the Consti-tution went into effect.

The Constitution is here published as it is in effectfollowing the approval of amendments and revisions onNovember 6, 2018. The text of the original signed copyof the Constitution filed in the office of the Secretary

of State is retained unless it has been repealed or su-perseded by amendment or revision. Where the originaltext has been amended or revised or where a new pro-vision has been added to the original Constitution, thesource of the amendment, revision or addition is indi-cated in the source note immediately following the textof the amended, revised or new section. Notations alsohave been made setting out the history of repealedsections.

Unless otherwise specifically noted, the leadlinesfor the sections have been supplied by LegislativeCounsel.

PreambleArticle I Bill of Rights

II Suffrage and ElectionsIII Distribution of PowersIV Legislative BranchV Executive Branch

VI Administrative DepartmentVII (Amended) Judicial BranchVII (Original) The Judicial Branch

VIII Education and School LandsIX FinanceX The Militia

X-A Catastrophic DisastersXI Corporations and Internal Improvements

XI-A Farm and Home Loans to VeteransXI-D State Power DevelopmentXI-E State Reforestation

XI-F(1) Higher Education Building ProjectsXI-F(2) Veterans’ Bonus

XI-G Higher Education Institutions and Activities; CommunityColleges

XI-H Pollution ControlXI-I(1) Water Development ProjectsXI-I(2) Multifamily Housing for Elderly and Disabled

XI-J Small Scale Local Energy LoansXI-K Guarantee of Bonded Indebtedness of Education DistrictsXI-L Oregon Health and Science University

XI-M Seismic Rehabilitation of Public Education BuildingsXI-N Seismic Rehabilitation of Emergency Services BuildingsXI-O Pension LiabilitiesXI-P School District Capital CostsXI-Q Real or Personal Property Owned or Operated by State

XII State PrintingXIV Seat of GovernmentXV Miscellaneous

XVI BoundariesXVII Amendments and Revisions

XVIII Schedule_______________________________________________________________________________________



PREAMBLEWe the people of the State of Oregon to the end that Justice be established, order main-tained, and liberty perpetuated, do ordain this Constitution. —


CONSTITUTION OF OREGON Art. I§11

ARTICLE IBILL OF RIGHTS

Sec. 1. Natural rights inherent in people2. Freedom of worship3. Freedom of religious opinion4. No religious qualification for office5. No money to be appropriated for religion6. No religious test for witnesses or jurors7. Manner of administering oath or affirmation8. Freedom of speech and press9. Unreasonable searches or seizures

10. Administration of justice11. Rights of Accused in Criminal Prosecution

12. Double jeopardy; compulsory self-incrimination

13. Treatment of arrested or confined persons14. Bailable offenses15. Foundation principles of criminal law16. Excessive bail and fines; cruel and unusual

punishments; power of jury in criminal case17. Jury trial in civil cases18. Private property or services taken for public

use19. Imprisonment for debt20. Equality of privileges and immunities of cit-

izens21. Ex-post facto laws; laws impairing contracts;

laws depending on authorization in order totake effect; laws submitted to electors

22. Suspension of operation of laws23. Habeas corpus24. Treason25. Corruption of blood or forfeiture of estate26. Assemblages of people; instruction of repre-

sentatives; application to legislature27. Right to bear arms; military subordinate to

civil power28. Quartering soldiers29. Titles of nobility; hereditary distinctions30. Emigration32. Taxes and duties; uniformity of taxation33. Enumeration of rights not exclusive34. Slavery or involuntary servitude39. Sale of liquor by individual glass40. Penalty for aggravated murder41. Work and training for corrections institution

inmates; work programs; limitations; dutiesof corrections director

42. Rights of victim in criminal prosecutions andjuvenile court delinquency proceedings

43. Rights of victim and public to protectionfrom accused person during criminal pro-ceedings; denial of pretrial release

44. Term of imprisonment imposed by court tobe fully served; exceptions

45. Person convicted of certain crimes not eligi-ble to serve as juror on grand jury or trialjury in criminal case

46. Prohibition on denial or abridgment of rightson account of sex

Section 1. Natural rights inherent inpeople. We declare that all men, when theyform a social compact are equal in right: thatall power is inherent in the people, and allfree governments are founded on their au-thority, and instituted for their peace, safety,and happiness; and they have at all times aright to alter, reform, or abolish the govern-ment in such manner as they may thinkproper. —

Section 2. Freedom of worship. Allmen shall be secure in the Natural right, toworship Almighty God according to the dic-tates of their own consciences. —

Section 3. Freedom of religious opin-ion. No law shall in any case whatever con-trol the free exercise, and enjoyment ofreligeous [sic] opinions, or interfere with therights of conscience. —

Section 4. No religious qualificationfor office. No religious test shall be requiredas a qualification for any office of trust orprofit. —

Section 5. No money to be appropri-ated for religion. No money shall be drawnfrom the Treasury for the benefit of anyreligeous [sic], or theological institution, norshall any money be appropriated for the pay-ment of any religeous [sic] services in eitherhouse of the Legislative Assembly. —

Section 6. No religious test for wit-nesses or jurors. No person shall be ren-dered incompetent as a witness, or juror inconsequence of his opinions on matters ofreligeon [sic]; nor be questioned in any Courtof Justice touching his religeous [sic] beliefto affect the weight of his testimony. —

Section 7. Manner of administeringoath or affirmation. The mode of adminis-tering an oath, or affirmation shall be suchas may be most consistent with, and bindingupon the conscience of the person to whomsuch oath or affirmation may be adminis-tered. —

Section 8. Freedom of speech andpress. No law shall be passed restraining thefree expression of opinion, or restricting theright to speak, write, or print freely on anysubject whatever; but every person shall beresponsible for the abuse of this right. —

Section 9. Unreasonable searches orseizures. No law shall violate the right ofthe people to be secure in their persons,houses, papers, and effects, against unrea-sonable search, or seizure; and no warrantshall issue but upon probable cause, sup-ported by oath, or affirmation, and partic-ularly describing the place to be searched,and the person or thing to be seized. —

Section 10. Administration of justice.No court shall be secret, but justice shall beadministered, openly and without purchase,completely and without delay, and every manshall have remedy by due course of law forinjury done him in his person, property, orreputation. —

Section 11. Rights of Accused inCriminal Prosecution. In all criminal pros-ecutions, the accused shall have the right topublic trial by an impartial jury in the


Art. I§12 CONSTITUTION OF OREGON

county in which the offense shall have beencommitted; to be heard by himself and coun-sel; to demand the nature and cause of theaccusation against him, and to have a copythereof; to meet the witnesses face to face,and to have compulsory process for obtainingwitnesses in his favor; provided, however,that any accused person, in other than capi-tal cases, and with the consent of the trialjudge, may elect to waive trial by jury andconsent to be tried by the judge of the courtalone, such election to be in writing; pro-vided, however, that in the circuit court tenmembers of the jury may render a verdict ofguilty or not guilty, save and except a ver-dict of guilty of first degree murder, whichshall be found only by a unanimous verdict,and not otherwise; provided further, that theexisting laws and constitutional provisionsrelative to criminal prosecutions shall becontinued and remain in effect as to allprosecutions for crimes committed before thetaking effect of this amendment. [Constitutionof 1859; Amendment proposed by S.J.R. 4, 1931, andadopted by the people Nov. 8, 1932; Amendment pro-posed by S.J.R. 4, 1933 (2d s.s.), and adopted by thepeople May 18, 1934]

Note: The leadline to section 11 was a part of themeasure submitted to the people by S.J.R. 4, 1931.

Section 12. Double jeopardy; compul-sory self-incrimination. No person shall beput in jeopardy twice for the same offence[sic], nor be compelled in any criminal pros-ecution to testify against himself. —

Section 13. Treatment of arrested orconfined persons. No person arrested, orconfined in jail, shall be treated with unnec-essary rigor. —

Section 14. Bailable offenses. Offences[sic], except murder, and treason, shall bebailable by sufficient sureties. Murder ortreason, shall not be bailable, when the proofis evident, or the presumption strong. —

Section 15. Foundation principles ofcriminal law. Laws for the punishment ofcrime shall be founded on these principles:protection of society, personal responsibility,accountability for one’s actions and reforma-tion. [Constitution of 1859; Amendment proposed byS.J.R. 32, 1995, and adopted by the people Nov. 5, 1996]

Section 16. Excessive bail and fines;cruel and unusual punishments; power ofjury in criminal case. Excessive bail shallnot be required, nor excessive fines imposed.Cruel and unusual punishments shall not beinflicted, but all penalties shall be propor-tioned to the offense.—In all criminal caseswhatever, the jury shall have the right todetermine the law, and the facts under thedirection of the Court as to the law, and theright of new trial, as in civil cases.

Section 17. Jury trial in civil cases. Inall civil cases the right of Trial by Jury shallremain inviolate. —

Section 18. Private property or ser-vices taken for public use. Private propertyshall not be taken for public use, nor theparticular services of any man be demanded,without just compensation; nor except in thecase of the state, without such compensationfirst assessed and tendered; provided, thatthe use of all roads, ways and waterwaysnecessary to promote the transportation ofthe raw products of mine or farm or forestor water for beneficial use or drainage isnecessary to the development and welfare ofthe state and is declared a public use.[Constitution of 1859; Amendment proposed by S.J.R. 17,1919, and adopted by the people May 21, 1920; Amend-ment proposed by S.J.R. 8, 1923, and adopted by thepeople Nov. 4, 1924]

Section 19. Imprisonment for debt.There shall be no imprisonment for debt, ex-cept in case of fraud or abscondingdebtors. —

Section 20. Equality of privileges andimmunities of citizens. No law shall bepassed granting to any citizen or class ofcitizens privileges, or immunities, which,upon the same terms, shall not equally be-long to all citizens. —

Section 21. Ex-post facto laws; lawsimpairing contracts; laws depending onauthorization in order to take effect;laws submitted to electors. No ex-postfacto law, or law impairing the obligation ofcontracts shall ever be passed, nor shall anylaw be passed, the taking effect of whichshall be made to depend upon any authority,except as provided in this Constitution; pro-vided, that laws locating the Capitol of theState, locating County Seats, and submittingtown, and corporate acts, and other local,and Special laws may take effect, or not,upon a vote of the electors interested. —

Section 22. Suspension of operationof laws. The operation of the laws shallnever be suspended, except by the Authorityof the Legislative Assembly.

Section 23. Habeas corpus. The privi-lege of the writ of habeas corpus shall notbe suspended unless in case of rebellion, orinvasion the public safety require it. —

Section 24. Treason. Treason againstthe State shall consist only in levying waragainst it, or adhering to its enemies, givingthem aid or comfort.—No person shall beconvicted of treason unless on the testimonyof two witnesses to the same overt act, orconfession in open Court. —



Section 25. Corruption of blood orforfeiture of estate. No conviction shallwork corruption of blood, or forfeiture of es-tate. —

Section 26. Assemblages of people; in-struction of representatives; applicationto legislature. No law shall be passed re-straining any of the inhabitants of the Statefrom assembling together in a peaceablemanner to consult for their common good;nor from instructing their Representatives;nor from applying to the Legislature for re-dress of greviances [sic]. —

Section 27. Right to bear arms; mili-tary subordinate to civil power. The peo-ple shall have the right to bear arms for thedefence [sic] of themselves, and the State,but the Military shall be kept in strict sub-ordination to the civil power[.]

Section 28. Quartering soldiers. Nosoldier shall, in time of peace, be quarteredin any house, without the consent of theowner, nor in time of war, except in themanner prescribed by law.

Section 29. Titles of nobility; heredi-tary distinctions. No law shall be passedgranting any title of Nobility, or conferringhereditary distinctions. —

Section 30. Emigration. No law shallbe passed prohibiting emigration from theState. —

Section 31. Rights of aliens; immigration tostate. [Constitution of 1859; repeal proposed by H.J.R.16, 1969, and adopted by the people May 26, 1970]

Section 32. Taxes and duties; uni-formity of taxation. No tax or duty shallbe imposed without the consent of the peopleor their representatives in the LegislativeAssembly; and all taxation shall be uniformon the same class of subjects within the ter-ritorial limits of the authority levying thetax. [Constitution of 1859; Amendment proposed byH.J.R. 16, 1917, and adopted by the people June 4, 1917]

Section 33. Enumeration of rights notexclusive. This enumeration of rights, andprivileges shall not be construed to impairor deny others retained by the people. —

Section 34. Slavery or involuntaryservitude. There shall be neither slavery,nor involuntary servitude in the State, oth-erwise than as a punishment for crime,whereof the party shall have been duly con-victed. — [Added to Bill of Rights as unnumberedsection by vote of the people at time of adoption of theOregon Constitution in accordance with section 4 ofArticle XVIII thereof]

Section 35. Restrictions on rights of certainpersons. [Added to Bill of Rights as unnumbered sec-tion by vote of the people at time of adoption of theOregon Constitution in accordance with Section 4 ofArticle XVIII thereof; Repeal proposed by H.J.R. 8, 1925,and adopted by the people Nov. 2, 1926]

Section 36. Liquor prohibition. [Created throughinitiative petition filed July 1, 1914, and adopted by thepeople Nov. 3, 1914; Repeal proposed by initiative peti-tion filed March 20, 1933, and adopted by the peopleJuly 21, 1933]

Section 36. Capital punishment abolished.[Created through initiative petition filed July 2, 1914,and adopted by the people Nov. 3, 1914; Repeal proposedby S.J.R. 8, 1920 (s.s.), and adopted by the people May21, 1920, as Const. Art. I, §38]

Note: At the general election in 1914 two sections,each designated as section 36, were created and addedto the Constitution by separate initiative petitions. Oneof these sections was the prohibition section and theother abolished capital punishment.

Section 36a. Prohibition of importation of liq-uors. [Created through initiative petition filed July 6,1916, and adopted by the people Nov. 7, 1916; Repealproposed by initiative petition filed March 20, 1933, andadopted by the people July 21, 1933]

Section 37. Penalty for murder in first degree.[Created through S.J.R. 8, 1920, and adopted by thepeople May 21, 1920; Repeal proposed by S.J.R. 3, 1963,and adopted by the people Nov. 3, 1964]

Section 38. Laws abrogated by amendmentabolishing death penalty revived. [Created throughS.J.R. 8, 1920, and adopted by the people May 21, 1920;Repeal proposed by S.J.R. 3, 1963, and adopted by thepeople Nov. 3, 1964]

Section 39. Sale of liquor by individualglass. The State shall have power to licenseprivate clubs, fraternal organizations,veterans’ organizations, railroad corporationsoperating interstate trains and commercialestablishments where food is cooked andserved, for the purpose of selling alcoholicliquor by the individual glass at retail, forconsumption on the premises, includingmixed drinks and cocktails, compounded ormixed on the premises only. The LegislativeAssembly shall provide in such detail as itshall deem advisable for carrying out andadministering the provisions of this amend-ment and shall provide adequate safeguardsto carry out the original intent and purposeof the Oregon Liquor Control Act, includingthe promotion of temperance in the use andconsumption of alcoholic beverages, encour-age the use and consumption of lighter bev-erages and aid in the establishment ofOregon industry. This power is subject to thefollowing:

(1) The provisions of this amendmentshall take effect and be in operation sixty(60) days after the approval and adoption bythe people of Oregon; provided, however, theright of a local option election exists in thecounties and in any incorporated city ortown containing a population of at least fivehundred (500). The Legislative Assemblyshall prescribe a means and a procedure bywhich the voters of any county or incorpo-rated city or town as limited above in anycounty, may through a local option electiondetermine whether to prohibit or permit suchpower, and such procedure shall specifically



include that whenever fifteen per cent (15%)of the registered voters of any county in thestate or of any incorporated city or town aslimited above, in any county in the state,shall file a petition requesting an election inthis matter, the question shall be voted uponat the next regular November biennialelection, provided said petition is filed notless than sixty (60) days before the day ofelection.

(2) Legislation relating to this mattershall operate uniformly throughout the stateand all individuals shall be treated equally;and all provisions shall be liberally construedfor the accomplishment of these purposes.[Created through initiative petition filed July 2, 1952,and adopted by the people Nov. 4, 1952]

Section 40. Penalty for aggravatedmurder. Notwithstanding sections 15 and 16of this Article, the penalty for aggravatedmurder as defined by law shall be death uponunanimous affirmative jury findings as pro-vided by law and otherwise shall be life im-prisonment with minimum sentence asprovided by law. [Created through initiative peti-tion filed July 6, 1983, and adopted by the people Nov.6, 1984]

Section 41. Work and training forcorrections institution inmates; workprograms; limitations; duties of correc-tions director. (1) Whereas the people of thestate of Oregon find and declare that inmateswho are confined in corrections institutionsshould work as hard as the taxpayers whoprovide for their upkeep; and whereas thepeople also find and declare that inmatesconfined within corrections institutions mustbe fully engaged in productive activity ifthey are to successfully re-enter society withpractical skills and a viable work ethic; now,therefore, the people declare:

(2) All inmates of state corrections insti-tutions shall be actively engaged full-time inwork or on-the-job training. The work or on-the-job training programs shall be establishedand overseen by the corrections director,who shall ensure that such programs arecost-effective and are designed to develop in-mate motivation, work capabilities and coop-eration. Such programs may include bootcamp prison programs. Education may beprovided to inmates as part of work or on-the-job training so long as each inmate isengaged at least half-time in hands-on train-ing or work activity.

(3) Each inmate shall begin full-timework or on-the-job training immediately uponadmission to a corrections institution, allow-ing for a short time for administrative intakeand processing. The specific quantity ofhours per day to be spent in work or on-the-job training shall be determined by the cor-

rections director, but the overall time spentin work or training shall be full-time. How-ever, no inmate has a legally enforceableright to a job or to otherwise participate inwork, on-the-job training or educational pro-grams or to compensation for work or laborperformed while an inmate of any state,county or city corrections facility or institu-tion. The corrections director may reduce orexempt participation in work or trainingprograms by those inmates deemed by cor-rections officials as physically or mentallydisabled, or as too dangerous to society toengage in such programs.

(4) There shall be sufficient work andtraining programs to ensure that every eligi-ble inmate is productively involved in one ormore programs. Where an inmate is drug andalcohol addicted so as to prevent the inmatefrom effectively participating in work ortraining programs, corrections officials shallprovide appropriate drug or alcohol treat-ment.

(5) The intent of the people is thattaxpayer-supported institutions and programsshall be free to benefit from inmate work.Prison work programs shall be designed andcarried out so as to achieve savings in gov-ernment operations, so as to achieve a netprofit in private sector activities or so as tobenefit the community.

(6) The provisions of this section aremandatory for all state corrections insti-tutions. The provisions of this section arepermissive for county or city corrections fa-cilities. No law, ordinance or charter shallprevent or restrict a county or city govern-ing body from implementing all or part of theprovisions of this section. Compensation, ifany, shall be determined and established bythe governing body of the county or citywhich chooses to engage in prison work pro-grams, and the governing body may chooseto adopt any power or exemption allowed inthis section.

(7) The corrections director shall contactpublic and private enterprises in this stateand seek proposals to use inmate work. Thecorrections director may: (a) install andequip plants in any state corrections institu-tion, or any other location, for the employ-ment or training of any of the inmatestherein; or (b) purchase, acquire, install,maintain and operate materials, machineryand appliances necessary to the conduct andoperation of such plants. The corrections di-rector shall use every effort to enter intocontracts or agreements with private busi-ness concerns or government agencies to ac-complish the production or marketing ofproducts or services produced or performedby inmates. The corrections director may



carry out the director’s powers and dutiesunder this section by delegation to others.

(8) Compensation, if any, for inmates whoengage in prison work programs shall be de-termined and established by the correctionsdirector. Such compensation shall not besubject to existing public or private sectorminimum or prevailing wage laws, exceptwhere required to comply with federal law.Inmate compensation from enterprises enter-ing into agreements with the state shall beexempt from unemployment compensationtaxes to the extent allowed under federallaw. Inmate injury or disease attributable toany inmate work shall be covered by a cor-rections system inmate injury fund ratherthan the workers compensation law. Exceptas otherwise required by federal law to per-mit transportation in interstate commerce ofgoods, wares or merchandise manufactured,produced or mined, wholly or in part by in-mates or except as otherwise required bystate law, any compensation earned throughprison work programs shall only be used forthe following purposes: (a) reimbursement forall or a portion of the costs of the inmate’srehabilitation, housing, health care, and liv-ing costs; (b) restitution or compensation tothe victims of the particular inmate’s crime;(c) restitution or compensation to the victimsof crime generally through a fund designedfor that purpose; (d) financial support forimmediate family of the inmate outside thecorrections institution; and (e) payment offines, court costs, and applicable taxes.

(9) All income generated from prisonwork programs shall be kept separate fromgeneral fund accounts and shall only be usedfor implementing, maintaining and develop-ing prison work programs. Prison industrywork programs shall be exempt from statu-tory competitive bid and purchase require-ments. Expenditures for prison workprograms shall be exempt from the legislativeappropriations process to the extent the pro-grams rely on income sources other thanstate taxes and fees. Where state taxes orfees are the source of capital or operatingexpenditures, the appropriations shall bemade by the legislative assembly. The stateprograms shall be run in a businesslike fash-ion and shall be subject to regulation by thecorrections director. Expenditures from in-come generated by state prison work pro-grams must be approved by the correctionsdirector. Agreements with private enterpriseas to state prison work programs must beapproved by the corrections director. Thecorrections director shall make all state re-cords available for public scrutiny and therecords shall be subject to audit by the Sec-retary of State.

(10) Prison work products or servicesshall be available to any public agency andto any private enterprise of any state, anynation or any American Indian or AlaskanNative tribe without restriction imposed byany state or local law, ordinance or regu-lation as to competition with other public orprivate sector enterprises. The products andservices of corrections work programs shallbe provided on such terms as are set by thecorrections director. To the extent deter-mined possible by the corrections director,the corrections director shall avoid estab-lishing or expanding for-profit prison workprograms that produce goods or services of-fered for sale in the private sector if the es-tablishment or expansion would displace orsignificantly reduce preexisting private en-terprise. To the extent determined possibleby the corrections director, the correctionsdirector shall avoid establishing or expandingprison work programs if the establishment orexpansion would displace or significantly re-duce government or nonprofit programs thatemploy persons with developmental disabili-ties. However, the decision to establish,maintain, expand, reduce or terminate anyprison work program remains in the solediscretion of the corrections director.

(11) Inmate work shall be used as muchas possible to help operate the correctionsinstitutions themselves, to support othergovernment operations and to support com-munity charitable organizations. This workincludes, but is not limited to, institutionalfood production; maintenance and repair ofbuildings, grounds, and equipment; officesupport services, including printing; prisonclothing production and maintenance; prisonmedical services; training other inmates; ag-ricultural and forestry work, especially inparks and public forest lands; and environ-mental clean-up projects. Every state agencyshall cooperate with the corrections directorin establishing inmate work programs.

(12) As used throughout this section, un-less the context requires otherwise: “full-time” means the equivalent of at least fortyhours per seven day week, specifically in-cluding time spent by inmates as required bythe Department of Corrections, while the in-mate is participating in work or on-the-jobtraining, to provide for the safety and secu-rity of the public, correctional staff and in-mates; “corrections director” means theperson in charge of the state correctionssystem.

(13) This section is self-implementing andsupersedes all existing inconsistent statutes.This section shall become effective April 1,1995. If any part of this section or its appli-cation to any person or circumstance is heldto be invalid for any reason, then the re-



maining parts or applications to any personsor circumstances shall not be affected butshall remain in full force and effect. [Createdthrough initiative petition filed Jan. 12, 1994, andadopted by the people Nov. 8, 1994; Amendment pro-posed by H.J.R. 2, 1997, and adopted by the people May20, 1997; Amendment proposed by H.J.R. 82, 1999, andadopted by the people Nov. 2, 1999]

Note: Added to Article I as unnumbered section byinitiative petition (Measure No. 17, 1994) adopted by thepeople Nov. 8, 1994.

Note: An initiative petition (Measure No. 40, 1996)proposed adding a new section relating to crime victims’rights to the Oregon Constitution. That section, ap-pearing as section 42 of Article I in previous editionsof this Constitution, was declared void for not beingenacted in compliance with section 1, Article XVII ofthis Constitution. See Armatta v. Kitzhaber, 327 Or. 250,959 P.2d 49 (1998).

Section 42. Rights of victim in crimi-nal prosecutions and juvenile court de-linquency proceedings. (1) To preserve andprotect the right of crime victims to justice,to ensure crime victims a meaningful role inthe criminal and juvenile justice systems, toaccord crime victims due dignity and respectand to ensure that criminal and juvenilecourt delinquency proceedings are conductedto seek the truth as to the defendant’s inno-cence or guilt, and also to ensure that a fairbalance is struck between the rights of crimevictims and the rights of criminal defendantsin the course and conduct of criminal andjuvenile court delinquency proceedings, thefollowing rights are hereby granted to vic-tims in all prosecutions for crimes and injuvenile court delinquency proceedings:

(a) The right to be present at and, uponspecific request, to be informed in advanceof any critical stage of the proceedings heldin open court when the defendant will bepresent, and to be heard at the pretrial re-lease hearing and the sentencing or juvenilecourt delinquency disposition;

(b) The right, upon request, to obtain in-formation about the conviction, sentence,imprisonment, criminal history and futurerelease from physical custody of the criminaldefendant or convicted criminal and equiv-alent information regarding the allegedyouth offender or youth offender;

(c) The right to refuse an interview, de-position or other discovery request by thecriminal defendant or other person acting onbehalf of the criminal defendant provided,however, that nothing in this paragraph shallrestrict any other constitutional right of thedefendant to discovery against the state;

(d) The right to receive prompt restitu-tion from the convicted criminal who causedthe victim’s loss or injury;

(e) The right to have a copy of a tran-script of any court proceeding in open court,if one is otherwise prepared;

(f) The right to be consulted, upon re-quest, regarding plea negotiations involvingany violent felony; and

(g) The right to be informed of theserights as soon as practicable.

(2) This section applies to all criminaland juvenile court delinquency proceedingspending or commenced on or after the effec-tive date of this section. Nothing in thissection reduces a criminal defendant’s rightsunder the Constitution of the United States.Except as otherwise specifically provided,this section supersedes any conflicting sec-tion of this Constitution. Nothing in thissection is intended to create any cause ofaction for compensation or damages nor maythis section be used to invalidate an accusa-tory instrument, conviction or adjudicationor otherwise terminate any criminal or juve-nile delinquency proceedings at any point af-ter the case is commenced or on appeal.Except as otherwise provided in subsections(3) and (4) of this section, nothing in thissection may be used to invalidate a ruling ofa court or to suspend any criminal or juve-nile delinquency proceedings at any point af-ter the case is commenced.

(3)(a) Every victim described in para-graph (c) of subsection (6) of this sectionshall have remedy by due course of law forviolation of a right established in this sec-tion.

(b) A victim may assert a claim for aright established in this section in a pendingcase, by a mandamus proceeding if no caseis pending or as otherwise provided by law.

(c) The Legislative Assembly may provideby law for further effectuation of the pro-visions of this subsection, including authori-zation for expedited and interlocutoryconsideration of claims for relief and the es-tablishment of reasonable limitations on thetime allowed for bringing such claims.

(d) No claim for a right established inthis section shall suspend a criminal or ju-venile delinquency proceeding if such a sus-pension would violate a right of a criminaldefendant guaranteed by this Constitution orthe Constitution of the United States.

(4) Upon the victim’s request, the prose-cuting attorney, in the attorney’s discretion,may assert and enforce a right established inthis section.

(5) Upon the filing by the prosecutingattorney of an affidavit setting forth cause,a court shall suspend the rights establishedin this section in any case involving organ-ized crime or victims who are minors.

(6) As used in this section:



(a) “Convicted criminal” includes a youthoffender in juvenile court delinquency pro-ceedings.

(b) “Criminal defendant” includes an al-leged youth offender in juvenile court delin-quency proceedings.

(c) “Victim” means any person deter-mined by the prosecuting attorney or thecourt to have suffered direct financial, psy-chological or physical harm as a result of acrime and, in the case of a victim who is aminor, the legal guardian of the minor.

(d) “Violent felony” means a felony inwhich there was actual or threatened seriousphysical injury to a victim or a felony sexualoffense.

(7) In the event that no person has beendetermined to be a victim of the crime, thepeople of Oregon, represented by the prose-cuting attorney, are considered to be thevictims. In no event is it intended that thecriminal defendant be considered the victim.[Created through H.J.R. 87, 1999, and adopted by thepeople Nov. 2, 1999; Amendment proposed by H.J.R. 49,2007, and adopted by the people May 20, 2008]

Note: The effective date of House Joint Resolu-tions 87, 89, 90 and 94, compiled as sections 42, 43, 44and 45, Article I, is Dec. 2, 1999.

Note: Sections 42, 43, 44 and 45, were added toArticle I as unnumbered sections by the amendmentsproposed by House Joint Resolutions 87, 89, 90 and 94,1999, and adopted by the people Nov. 2, 1999.

Section 43. Rights of victim and publicto protection from accused person duringcriminal proceedings; denial of pretrialrelease. (1) To ensure that a fair balance isstruck between the rights of crime victimsand the rights of criminal defendants in thecourse and conduct of criminal proceedings,the following rights are hereby granted tovictims in all prosecutions for crimes:

(a) The right to be reasonably protectedfrom the criminal defendant or the convictedcriminal throughout the criminal justiceprocess and from the alleged youth offenderor youth offender throughout the juveniledelinquency proceedings.

(b) The right to have decisions by thecourt regarding the pretrial release of acriminal defendant based upon the principleof reasonable protection of the victim andthe public, as well as the likelihood that thecriminal defendant will appear for trial.Murder, aggravated murder and treason shallnot be bailable when the proof is evident orthe presumption strong that the person isguilty. Other violent felonies shall not bebailable when a court has determined thereis probable cause to believe the criminal de-fendant committed the crime, and the courtfinds, by clear and convincing evidence, thatthere is danger of physical injury or sexual

victimization to the victim or members of thepublic by the criminal defendant while onrelease.

(2) This section applies to proceedingspending or commenced on or after the effec-tive date of this section. Nothing in thissection abridges any right of the criminaldefendant guaranteed by the Constitution ofthe United States, including the rights to berepresented by counsel, have counsel ap-pointed if indigent, testify, present witnesses,cross-examine witnesses or present informa-tion at the release hearing. Nothing in thissection creates any cause of action for com-pensation or damages nor may this sectionbe used to invalidate an accusatory instru-ment, conviction or adjudication or other-wise terminate any criminal or juveniledelinquency proceeding at any point after thecase is commenced or on appeal. Except asotherwise provided in paragraph (b) of sub-section (4) of this section and in subsection(5) of this section, nothing in this sectionmay be used to invalidate a ruling of a courtor to suspend any criminal or juvenile delin-quency proceedings at any point after thecase is commenced. Except as otherwisespecifically provided, this section supersedesany conflicting section of this Constitution.

(3) As used in this section:(a) “Victim” means any person deter-

mined by the prosecuting attorney or thecourt to have suffered direct financial, psy-chological or physical harm as a result of acrime and, in the case of a victim who is aminor, the legal guardian of the minor.

(b) “Violent felony” means a felony inwhich there was actual or threatened seriousphysical injury to a victim or a felony sexualoffense.

(4)(a) The prosecuting attorney is theparty authorized to assert the rights of thepublic established by this section.

(b) Upon the victim’s request, the prose-cuting attorney, in the attorney’s discretion,may assert and enforce a right established inthis section.

(5)(a) Every victim described in para-graph (a) of subsection (3) of this sectionshall have remedy by due course of law forviolation of a right established in this sec-tion.

(b) A victim may assert a claim for aright established in this section in a pendingcase, by a mandamus proceeding if no caseis pending or as otherwise provided by law.

(c) The Legislative Assembly may provideby law for further effectuation of the pro-visions of this subsection, including authori-zation for expedited and interlocutoryconsideration of claims for relief and the es-



tablishment of reasonable limitations on thetime allowed for bringing such claims.

(d) No claim for a right established inthis section shall suspend a criminal or ju-venile delinquency proceeding if such a sus-pension would violate a right of a criminaldefendant or alleged youth offender guaran-teed by this Constitution or the Constitutionof the United States.

(6) In the event that no person has beendetermined to be a victim of the crime, thepeople of Oregon, represented by the prose-cuting attorney, are considered to be thevictims. In no event is it intended that thecriminal defendant be considered the victim.[Created through H.J.R. 90, 1999, and adopted by thepeople Nov. 2, 1999; Amendment proposed by H.J.R. 50,2007, and adopted by the people May 20, 2008]

Note: See notes under section 42 of this Article.

Section 44. Term of imprisonmentimposed by court to be fully served; ex-ceptions. (1)(a) A term of imprisonment im-posed by a judge in open court may not beset aside or otherwise not carried out, exceptas authorized by the sentencing court orthrough the subsequent exercise of:

(A) The power of the Governor to grantreprieves, commutations and pardons; or

(B) Judicial authority to grant appellateor post-conviction relief.

(b) No law shall limit a court’s authorityto sentence a criminal defendant consec-utively for crimes against different victims.

(2) This section applies to all offensescommitted on or after the effective date ofthis section. Nothing in this section reducesa criminal defendant’s rights under the Con-stitution of the United States. Except asotherwise specifically provided, this sectionsupersedes any conflicting section of thisConstitution. Nothing in this section createsany cause of action for compensation ordamages nor may this section be used to in-validate an accusatory instrument, ruling ofa court, conviction or adjudication or other-wise suspend or terminate any criminal orjuvenile delinquency proceedings at anypoint after the case is commenced or on ap-peal.

(3) As used in this section, “victim”means any person determined by the prose-cuting attorney to have suffered direct fi-nancial, psychological or physical harm as aresult of a crime and, in the case of a victimwho is a minor, the legal guardian of theminor. In the event no person has been de-termined to be a victim of the crime, thepeople of Oregon, represented by the prose-

cuting attorney, are considered to be thevictims. In no event is it intended that thecriminal defendant be considered the victim.[Created through H.J.R. 94, 1999, and adopted by thepeople Nov. 2, 1999]


Section 45. Person convicted of cer-tain crimes not eligible to serve as juroron grand jury or trial jury in criminalcase. (1) In all grand juries and in all prose-cutions for crimes tried to a jury, the juryshall be composed of persons who have notbeen convicted:

(a) Of a felony or served a felony sen-tence within the 15 years immediately pre-ceding the date the persons are required toreport for jury duty; or

(b) Of a misdemeanor involving violenceor dishonesty or served a sentence for amisdemeanor involving violence or dishon-esty within the five years immediately pre-ceding the date the persons are required toreport for jury duty.

(2) This section applies to all criminalproceedings pending or commenced on or af-ter the effective date of this section, excepta criminal proceeding in which a jury hasbeen impaneled and sworn on the effectivedate of this section. Nothing in this sectionreduces a criminal defendant’s rights underthe Constitution of the United States. Exceptas otherwise specifically provided, this sec-tion supersedes any conflicting section ofthis Constitution. Nothing in this section isintended to create any cause of action forcompensation or damages nor may this sec-tion be used to disqualify a jury, invalidatean accusatory instrument, ruling of a court,conviction or adjudication or otherwise sus-pend or terminate any criminal proceedingat any point after a jury is impaneled andsworn or on appeal. [Created through H.J.R. 89,1999, and adopted by the people Nov. 2, 1999]


Section 46. Prohibition on denial orabridgment of rights on account of sex.(1) Equality of rights under the law shall notbe denied or abridged by the State of Oregonor by any political subdivision in this stateon account of sex.

(2) The Legislative Assembly shall havethe power to enforce, by appropriate legis-lation, the provisions of this section.

(3) Nothing in this section shall diminisha right otherwise available to persons undersection 20 of this Article or any other pro-vision of this Constitution. [Created through in-itiative petition filed Oct. 24, 2013, and adopted by thepeople Nov. 4, 2014]


CONSTITUTION OF OREGON Art. II§9

ARTICLE IISUFFRAGE AND ELECTIONS

Sec. 1. Elections free2. Qualifications of electors3. Rights of certain electors4. Residence5. Soldiers, seamen and marines; residence;

right to vote7. Bribery at elections8. Regulation of elections9. Penalty for dueling

10. Lucrative offices; holding other offices for-bidden

11. When collector or holder of public moneysineligible to office

12. Temporary appointments to office13. Privileges of electors14. Time of holding elections and assuming du-

ties of office14a. Time of holding elections in incorporated

cities and towns15. Method of voting in legislature16. Election by plurality; proportional represen-

tation17. Place of voting18. Recall; meaning of words “the legislative as-

sembly shall provide”22. Political campaign contribution limitations23. Approval by more than majority required for

certain measures submitted to people24. Death of candidate prior to election

Section 1. Elections free. All electionsshall be free and equal. —

Section 2. Qualifications of electors.(1) Every citizen of the United States is en-titled to vote in all elections not otherwiseprovided for by this Constitution if such cit-izen:

(a) Is 18 years of age or older;(b) Has resided in this state during the

six months immediately preceding theelection, except that provision may be madeby law to permit a person who has resided inthis state less than 30 days immediately pre-ceding the election, but who is otherwisequalified under this subsection, to vote in theelection for candidates for nomination orelection for President or Vice President ofthe United States or elector of President andVice President of the United States; and

(c) Is registered not less than 20 calendardays immediately preceding any election inthe manner provided by law.

(2) Provision may be made by law to re-quire that persons who vote upon questionsof levying special taxes or issuing publicbonds shall be taxpayers. [Constitution of 1859;Amendment proposed by initiative petition filed Dec. 20,1910, and adopted by the people Nov. 5, 1912; Amend-ment proposed by S.J.R. 6, 1913, and adopted by thepeople Nov. 3, 1914; Amendment proposed by S.J.R. 6,1923, and adopted by the people Nov. 4, 1924; Amend-ment proposed by H.J.R. 7, 1927, and adopted by thepeople June 28, 1927; Amendment proposed by H.J.R.5, 1931, and adopted by the people Nov. 8, 1932;Amendment proposed by H.J.R. 26, 1959, and adopted bythe people Nov. 8, 1960; Amendment proposed by H.J.R.41, 1973, and adopted by the people Nov. 5, 1974;

Amendment proposed by initiative petition filed July 20,1986, and adopted by the people Nov. 4, 1986; Amend-ment proposed by H.J.R. 4, 2007, and adopted by thepeople Nov. 4, 2008]

Note: The leadline to section 2 was a part of themeasure submitted to the people by initiative petition(Measure No. 13, 1986) and adopted by the people Nov.4, 1986.

Section 3. Rights of certain electors.A person suffering from a mental handicapis entitled to the full rights of an elector, ifotherwise qualified, unless the person hasbeen adjudicated incompetent to vote as pro-vided by law. The privilege of an elector,upon conviction of any crime which is pun-ishable by imprisonment in the penitentiary,shall be forfeited, unless otherwise providedby law. [Constitution of 1859; Amendment proposedby S.J.R. 9, 1943, and adopted by the people Nov. 7,1944; Amendment proposed by S.J.R. 26, 1979, andadopted by the people Nov. 4, 1980]

Section 4. Residence. For the purposeof voting, no person shall be deemed to havegained, or lost a residence, by reason of hispresence, or absence while employed in theservice of the United States, or of this State;nor while engaged in the navigation of thewaters of this State, or of the United States,or of the high seas; nor while a student ofany Seminary of Learning; nor while kept atany alms house, or other assylum [sic], atpublic expence [sic]; nor while confined inany public prison. —

Section 5. Soldiers, seamen and ma-rines; residence; right to vote. No soldier,seaman, or marine in the Army, or Navy ofthe United States, or of their allies, shall bedeemed to have acquired a residence in thestate, in consequence of having been sta-tioned within the same; nor shall any suchsoldier, seaman, or marine have the right tovote. —

Section 6. Right of suffrage for certain persons.[Constitution of 1859; Repeal proposed by H.J.R. 4, 1927,and adopted by the people June 28, 1927]

Section 7. Bribery at elections. Everyperson shall be disqualified from holding of-fice, during the term for which he may havebeen elected, who shall have given, or offereda bribe, threat, or reward to procure hiselection. —

Section 8. Regulation of elections. TheLegislative Assembly shall enact laws tosupport the privilege of free suffrage, pre-scribing the manner of regulating, and con-ducting elections, and prohibiting underadequate penalties, all undue influencetherein, from power, bribery, tumult, andother improper conduct. —

Section 9. Penalty for dueling. Everyperson who shall give, or accept a challengeto fight a duel, or who shall knowingly carryto another person such challenge, or who


Art. II§10 CONSTITUTION OF OREGON

shall agree to go out of the State to fight aduel, shall be ineligible to any office of trust,or profit. —

Section 10. Lucrative offices; holdingother offices forbidden. No person holdinga lucrative office, or appointment under theUnited States, or under this State, shall beeligible to a seat in the Legislative Assembly;nor shall any person hold more than one lu-crative office at the same time, except as inthis Constition [sic] expressly permitted;Provided, that Officers in the Militia, towhich there is attached no annual salary,and the Office of Post Master, where thecompensation does not exceed One HundredDollars per annum, shall not be deemed lu-crative. —

Section 11. When collector or holderof public moneys ineligible to office. Noperson who may hereafter be a collector, orholder of public moneys, shall be eligible toany office of trust or profit, until he shallhave accounted for, and paid over accordingto law, all sums for which he may beliable. —

Section 12. Temporary appointmentsto office. In all cases, in which it is providedthat an office shall not be filled by the sameperson, more than a certain number of yearscontinuously, an appointment pro temporeshall not be reckoned a part of that term. —

Section 13. Privileges of electors. Inall cases, except treason, felony, and breachof the peace, electors shall be free from ar-rest in going to elections, during their at-tendance there, and in returning from thesame; and no elector shall be obliged to doduty in the Militia on any day of election,except in time of war, or public danger. —

Section 14. Time of holding electionsand assuming duties of office. The regulargeneral biennial election in Oregon for theyear A. D. 1910 and thereafter shall be heldon the first Tuesday after the first Mondayin November. All officers except the Gover-nor, elected for a six year term in 1904 or fora four year term in 1906 or for a two yearterm in 1908 shall continue to hold their re-spective offices until the first Monday inJanuary, 1911; and all officers, except theGovernor elected at any regular general bi-ennial election after the adoption of thisamendment shall assume the duties of theirrespective offices on the first Monday inJanuary following such election. All lawspertaining to the nomination of candidates,registration of voters and all other thingsincident to the holding of the regular bien-nial election shall be enforced and be ef-fected the same number of days before thefirst Tuesday after the first Monday in No-

vember that they have heretofore been beforethe first Monday in June biennially, exceptas may hereafter be provided by law.[Constitution of 1859; Amendment proposed by H.J.R. 7,1907, and adopted by the people June 1, 1908]

Section 14a. Time of holding electionsin incorporated cities and towns. Incorpo-rated cities and towns shall hold their nomi-nating and regular elections for their severalelective officers at the same time that theprimary and general biennial elections forState and county officers are held, and theelection precincts and officers shall be thesame for all elections held at the same time.All provisions of the charters and ordinancesof incorporated cities and towns pertainingto the holding of elections shall continue infull force and effect except so far as they re-late to the time of holding such elections.Every officer who, at the time of the adop-tion of this amendment, is the duly qualifiedincumbent of an elective office of an incor-porated city or town shall hold his office forthe term for which he was elected and untilhis successor is elected and qualified. TheLegislature, and cities and towns, shall enactsuch supplementary legislation as may benecessary to carry the provisions of thisamendment into effect. [Created through H.J.R.22, 1917, and adopted by the people June 4, 1917]

Section 15. Method of voting in legis-lature. In all elections by the LegislativeAssembly, or by either branch thereof, votesshall be given openly or viva voce, and notby ballot, forever; and in all elections by thepeople, votes shall be given openly, or vivavoce, until the Legislative Assembly shallotherwise direct. —

Section 16. Election by plurality; pro-portional representation. In all electionsauthorized by this constitution until other-wise provided by law, the person or personsreceiving the highest number of votes shallbe declared elected, but provision may bemade by law for elections by equal propor-tional representation of all the voters for ev-ery office which is filled by the election oftwo or more persons whose official duties,rights and powers are equal and concurrent.Every qualified elector resident in his pre-cinct and registered as may be required bylaw, may vote for one person under the titlefor each office. Provision may be made bylaw for the voter’s direct or indirect ex-pression of his first, second or additionalchoices among the candidates for any office.For an office which is filled by the electionof one person it may be required by law thatthe person elected shall be the final choiceof a majority of the electors voting for can-didates for that office. These principles maybe applied by law to nominations by politicalparties and organizations. [Constitution of 1859;


CONSTITUTION OF OREGON Art. II§22

Amendment proposed by initiative petition filed Jan. 29,1908, and adopted by the people June 1, 1908]

Section 17. Place of voting. All quali-fied electors shall vote in the election pre-cinct in the County where they may reside,for County Officers, and in any County inthe State for State Officers, or in any Countyof a Congressional District in which suchelectors may reside, for Members of Con-gress. —

Section 18. Recall; meaning of words“the legislative assembly shall provide.”(1) Every public officer in Oregon is subject,as herein provided, to recall by the electorsof the state or of the electoral district fromwhich the public officer is elected.

(2) Fifteen per cent, but not more, of thenumber of electors who voted for Governorin the officer’s electoral district at the mostrecent election at which a candidate forGovernor was elected to a full term, may berequired to file their petition demanding theofficer’s recall by the people.

(3) They shall set forth in the petitionthe reasons for the demand.

(4) If the public officer offers to resign,the resignation shall be accepted and takeeffect on the day it is offered, and the va-cancy shall be filled as may be provided bylaw. If the public officer does not resignwithin five days after the petition is filed, aspecial election shall be ordered to be heldwithin 35 days in the electoral district todetermine whether the people will recall theofficer.

(5) On the ballot at the election shall beprinted in not more than 200 words the rea-sons for demanding the recall of the officeras set forth in the recall petition, and, in notmore than 200 words, the officer’s justifica-tion of the officer’s course in office. The of-ficer shall continue to perform the duties ofoffice until the result of the special electionis officially declared. If an officer is recalledfrom any public office the vacancy shall befilled immediately in the manner provided bylaw for filling a vacancy in that office arisingfrom any other cause.

(6) The recall petition shall be filed withthe officer with whom a petition for nomi-nation to such office should be filed, and thesame officer shall order the special electionwhen it is required. No such petition shallbe circulated against any officer until theofficer has actually held the office sixmonths, save and except that it may be filedagainst a senator or representative in thelegislative assembly at any time after fivedays from the beginning of the first sessionafter the election of the senator or represen-tative.

(7) After one such petition and specialelection, no further recall petition shall befiled against the same officer during the termfor which the officer was elected unless suchfurther petitioners first pay into the publictreasury which has paid such special electionexpenses, the whole amount of its expensesfor the preceding special election.

(8) Such additional legislation as may aidthe operation of this section shall be pro-vided by the legislative assembly, includingprovision for payment by the public treasuryof the reasonable special election campaignexpenses of such officer. But the words, “thelegislative assembly shall provide,” or anysimilar or equivalent words in this constitu-tion or any amendment thereto, shall not beconstrued to grant to the legislative assem-bly any exclusive power of lawmaking nor inany way to limit the initiative and referen-dum powers reserved by the people. [Createdthrough initiative petition filed Jan. 29, 1908, andadopted by the people June 1, 1908; Amendment pro-posed by S.J.R. 16, 1925, and adopted by the peopleNov. 2, 1926; Amendment proposed by H.J.R. 1, 1983, andadopted by the people Nov. 6, 1984]

Note: “Recall.” constituted the leadline to section18 and was a part of the measure submitted to the peo-ple by S.J.R. 16, 1925.

Note: An initiative petition (Measure No. 3, 1992)proposed adding new sections relating to term limits tothe Oregon Constitution. Those sections, appearing assections 19, 20 and 21 of Article II in previous editionsof this Constitution, were declared void for not beingenacted in compliance with section 1, Article XVII ofthis Constitution. See Lehman v. Bradbury, 333 Or. 231,37 P.3d 989 (2002).

Section 22. Political campaign con-tribution limitations. Section (1) For pur-poses of campaigning for an elected publicoffice, a candidate may use or direct onlycontributions which originate from individ-uals who at the time of their donation wereresidents of the electoral district of the pub-lic office sought by the candidate, unless thecontribution consists of volunteer time, in-formation provided to the candidate, or fund-ing provided by federal, state, or localgovernment for purposes of campaigning foran elected public office.

Section (2) Where more than ten percent(10%) of a candidate’s total campaign fund-ing is in violation of Section (1), and thecandidate is subsequently elected, the electedofficial shall forfeit the office and shall nothold a subsequent elected public office for aperiod equal to twice the tenure of the officesought. Where more than ten percent (10%)of a candidate’s total campaign funding is inviolation of Section (1) and the candidate isnot elected, the unelected candidate shall nothold a subsequent elected public office for aperiod equal to twice the tenure of the officesought.


Art. II§23 CONSTITUTION OF OREGON

Section (3) A qualified donor (an individ-ual who is a resident within the electoraldistrict of the office sought by the candidate)shall not contribute to a candidate’s cam-paign any restricted contributions of Section(1) received from an unqualified donor forthe purpose of contributing to a candidate’scampaign for elected public office. An un-qualified donor (an entity which is not anindividual and who is not a resident of theelectoral district of the office sought by thecandidate) shall not give any restricted con-tributions of Section (1) to a qualified donorfor the purpose of contributing to acandidate’s campaign for elected public of-fice.

Section (4) A violation of Section (3)shall be an unclassified felony. [Created throughinitiative petition filed Jan. 25, 1993, and adopted by thepeople Nov. 8, 1994]

Note: An initiative petition (Measure No. 6, 1994)adopted by the people Nov. 8, 1994, proposed a consti-tutional amendment as an unnumbered section. Section22 sections (1), (2), (3) and (4) were designated in theproposed amendment as “SECTION 1.,” “SECTION 2.,”“SECTION 3.” and “SECTION 4.,” respectively.

Section 23. Approval by more thanmajority required for certain measuressubmitted to people. (1) Any measure thatincludes any proposed requirement for morethan a majority of votes cast by theelectorate to approve any change in law orgovernment action shall become effectiveonly if approved by at least the same per-centage of voters specified in the proposedvoting requirement.

(2) For the purposes of this section,“measure” includes all initiatives and allmeasures referred to the voters by the Leg-islative Assembly.

(3) The requirements of this section applyto all measures presented to the voters at theNovember 3, 1998 election and thereafter.

(4) The purpose of this section is to pre-vent greater-than-majority voting require-ments from being imposed by only a majorityof the voters. [Created through initiative petitionfiled Jan. 15, 1998, and adopted by the people Nov. 3,1998]

Note: Added as unnumbered section to the Consti-tution but not to any Article therein by initiative peti-tion (Measure No. 63, 1998) adopted by the people Nov.3, 1998.

Note: An initiative petition (Measure No. 62, 1998)proposed adding new sections and a subsection relatingto political campaigns to the Oregon Constitution.Those sections, appearing as sections 24 to 32 of ArticleII and sections 1 (6), 1b and 1c of Article IV in previouseditions of this Constitution, were declared void for notbeing enacted in compliance with section 1, Article XVIIof this Constitution. See Swett v. Bradbury, 333 Or. 597,43 P.3d 1094 (2002).

Section 24. Death of candidate priorto election. When any vacancy occurs in thenomination of a candidate for elective publicoffice in this state, and the vacancy is dueto the death of the candidate, the LegislativeAssembly may provide by law that:

(1) The regularly scheduled election forthat public office may be postponed;

(2) The public office may be filled at asubsequent election; and

(3) Votes cast for candidates for the pub-lic office at the regularly scheduled electionmay not be considered. [Created through S.J.R.19, 2003, and adopted by the people Nov. 2, 2004]

ARTICLE IIIDISTRIBUTION OF POWERS

Sec. 1. Separation of powers2. Budgetary control over executive and ad-

ministrative officers and agencies3. Joint legislative committee to allocate emer-

gency fund appropriations and to authorizeexpenditures beyond budgetary limits

4. Senate, confirmation of executive appoint-ments

Section 1. Separation of powers. Thepowers of the Government shall be dividedinto three separate branches, the Legislative,the Executive, including the administrative,and the Judicial; and no person charged withofficial duties under one of these branches,shall exercise any of the functions of an-other, except as in this Constitution ex-pressly provided. [Constitution of 1859; Amendmentproposed by H.J.R. 44, 2011, and adopted by the peopleNov. 6, 2012]

Section 2. Budgetary control overexecutive and administrative officers andagencies. The Legislative Assembly shallhave power to establish an agency to exer-cise budgetary control over all executive andadministrative state officers, departments,boards, commissions and agencies of theState Government. [Created through S.J.R. 24,1951, and adopted by the people Nov. 4, 1952]

Note: Section 2 was designated as “Sec. 1” byS.J.R. 24, 1951, and adopted by the people Nov. 4, 1952.

Section 3. Joint legislative committeeto allocate emergency fund appropri-ations and to authorize expenditures be-yond budgetary limits. (1) The LegislativeAssembly is authorized to establish by law ajoint committee composed of members ofboth houses of the Legislative Assembly, themembership to be as fixed by law, whichcommittee may exercise, during the interimbetween sessions of the Legislative Assem-bly, such of the following powers as may beconferred upon it by law:


CONSTITUTION OF OREGON Art. IV§1

(a) Where an emergency exists, to allo-cate to any state agency, out of any emer-gency fund that may be appropriated to thecommittee for that purpose, additional fundsbeyond the amount appropriated to theagency by the Legislative Assembly, or fundsto carry on an activity required by law forwhich an appropriation was not made.

(b) Where an emergency exists, to au-thorize any state agency to expend, fromfunds dedicated or continuously appropriatedfor the uses and purposes of the agency,sums in excess of the amount of the budgetof the agency as approved in accordance withlaw.

(c) In the case of a new activity cominginto existence at such a time as to precludethe possibility of submitting a budget to theLegislative Assembly for approval, to ap-prove, or revise and approve, a budget of themoney appropriated for such new activity.

(d) Where an emergency exists, to reviseor amend the budgets of state agencies to theextent of authorizing transfers between ex-penditure classifications within the budgetof an agency.

(2) The Legislative Assembly shall pre-scribe by law what shall constitute an emer-gency for the purposes of this section.

(3) As used in this section, “stateagency” means any elected or appointed offi-cer, board, commission, department, institu-tion, branch or other agency of the stategovernment.

(4) The term of members of the jointcommittee established pursuant to this sec-tion shall run from the adjournment of oneodd-numbered year regular session to the or-ganization of the next odd-numbered yearregular session. No member of a committeeshall cease to be such member solely by rea-son of the expiration of his term of office asa member of the Legislative Assembly.[Created through S.J.R. 24, 1951, and adopted by thepeople Nov. 4, 1952; Amendment proposed by S.J.R. 41,2010, and adopted by the people Nov. 2, 2010]

Note: Section 3 was designated as “Sec. 2” byS.J.R. 24, 1951, and adopted by the people Nov. 4, 1952.

Section 4. Senate confirmation ofexecutive appointments. (1) The Legisla-tive Assembly in the manner provided by lawmay require that all appointments and reap-pointments to state public office made by theGovernor shall be subject to confirmation bythe Senate.

(2) The appointee shall not be eligible toserve until confirmed in the manner requiredby law and if not confirmed in that manner,shall not be eligible to serve in the publicoffice.

(3) In addition to appointive offices, theprovisions of this section shall apply to anystate elective office when the Governor isauthorized by law or this Constitution to fillany vacancy therein, except the office ofjudge of any court, United States Senator orRepresentative and a district, county or pre-cinct office. [Created through S.J.R. 20, 1977, andadopted by the people Nov. 7, 1978]

ARTICLE IVLEGISLATIVE BRANCH

Sec. 1. Legislative power; initiative and referendum1b. Payment for signatures

2. Number of Senators and Representatives3. How Senators and Representatives chosen;

filling vacancies; qualifications4. Term of office of legislators; classification of

Senators6. Apportionment of Senators and Represen-

tatives; operative date7. Senatorial districts; senatorial and represen-

tative subdistricts8. Qualification of Senators and Represen-

tatives; effect of felony conviction9. Legislators free from arrest and not subject

to civil process in certain cases; words ut-tered in debate

10. Annual regular sessions of the LegislativeAssembly; organizational session; extensionsof regular sessions

10a. Emergency sessions of the Legislative As-sembly

11. Legislative officers; rules of proceedings; ad-journments

12. Quorum; failure to effect organization13. Journal; when yeas and nays to be entered14. Deliberations to be open; rules to implement

requirement15. Punishment and expulsion of members16. Punishment of nonmembers17. General powers of Legislative Assembly18. Where bills to originate19. Reading of bills; vote on final passage20. Subject and title of Act21. Acts to be plainly worded22. Mode of revision and amendment23. Certain local and special laws prohibited24. Suit against state25. Majority necessary to pass bills and resolu-

tions; special requirements for bills raisingrevenue; signatures of presiding officers re-quired

26. Protest by member27. All statutes public laws; exceptions28. When Act takes effect29. Compensation of members30. Members not eligible to other offices31. Oath of members32. Income tax defined by federal law; review of

tax laws required33. Reduction of criminal sentences approved by

initiative or referendum process

Section 1. Legislative power; initiativeand referendum. (1) The legislative powerof the state, except for the initiative andreferendum powers reserved to the people, isvested in a Legislative Assembly, consistingof a Senate and a House of Representatives.


Art. IV§1 CONSTITUTION OF OREGON

(2)(a) The people reserve to themselvesthe initiative power, which is to propose lawsand amendments to the Constitution and en-act or reject them at an election independ-ently of the Legislative Assembly.

(b) An initiative law may be proposedonly by a petition signed by a number ofqualified voters equal to six percent of thetotal number of votes cast for all candidatesfor Governor at the election at which aGovernor was elected for a term of fouryears next preceding the filing of the peti-tion.

(c) An initiative amendment to the Con-stitution may be proposed only by a petitionsigned by a number of qualified voters equalto eight percent of the total number of votescast for all candidates for Governor at theelection at which a Governor was elected fora term of four years next preceding the filingof the petition.

(d) An initiative petition shall includethe full text of the proposed law or amend-ment to the Constitution. A proposed law oramendment to the Constitution shall em-brace one subject only and matters properlyconnected therewith.

(e) An initiative petition shall be filednot less than four months before the electionat which the proposed law or amendment tothe Constitution is to be voted upon.

(3)(a) The people reserve to themselvesthe referendum power, which is to approveor reject at an election any Act, or partthereof, of the Legislative Assembly thatdoes not become effective earlier than 90days after the end of the session at whichthe Act is passed.

(b) A referendum on an Act or partthereof may be ordered by a petition signedby a number of qualified voters equal to fourpercent of the total number of votes cast forall candidates for Governor at the electionat which a Governor was elected for a termof four years next preceding the filing of thepetition. A referendum petition shall be filednot more than 90 days after the end of thesession at which the Act is passed.

(c) A referendum on an Act may be or-dered by the Legislative Assembly by law.Notwithstanding section 15b, Article V ofthis Constitution, bills ordering a referendumand bills on which a referendum is orderedare not subject to veto by the Governor.

(4)(a) Petitions or orders for the initiativeor referendum shall be filed with the Secre-tary of State. The Legislative Assembly shallprovide by law for the manner in which theSecretary of State shall determine whethera petition contains the required number ofsignatures of qualified voters. The Secretary

of State shall complete the verification proc-ess within the 30-day period after the lastday on which the petition may be filed asprovided in paragraph (e) of subsection (2) orparagraph (b) of subsection (3) of this sec-tion.

(b) Initiative and referendum measuresshall be submitted to the people as providedin this section and by law not inconsistenttherewith.

(c) All elections on initiative and refer-endum measures shall be held at the regulargeneral elections, unless otherwise orderedby the Legislative Assembly.

(d) Notwithstanding section 1, ArticleXVII of this Constitution, an initiative orreferendum measure becomes effective 30days after the day on which it is enacted orapproved by a majority of the votes castthereon. A referendum ordered by petition ona part of an Act does not delay the remain-der of the Act from becoming effective.

(5) The initiative and referendum powersreserved to the people by subsections (2) and(3) of this section are further reserved to thequalified voters of each municipality anddistrict as to all local, special and municipallegislation of every character in or for theirmunicipality or district. The manner of exer-cising those powers shall be provided bygeneral laws, but cities may provide themanner of exercising those powers as totheir municipal legislation. In a city, notmore than 15 percent of the qualified votersmay be required to propose legislation by theinitiative, and not more than 10 percent ofthe qualified voters may be required to ordera referendum on legislation. [Created throughH.J.R. 16, 1967, and adopted by the people May 28, 1968(this section adopted in lieu of former sections 1 and 1aof this Article); Amendment proposed by S.J.R. 27, 1985,and adopted by the people May 20, 1986; Amendmentproposed by S.J.R. 3, 1999, and adopted by the peopleMay 16, 2000]

Note: An initiative petition (Measure No. 62, 1998)proposed adding new sections and a subsection relatingto political campaigns to the Oregon Constitution.Those sections, appearing as sections 24 to 32 of ArticleII and sections 1 (6), 1b and 1c of Article IV in previouseditions of this Constitution, were declared void for notbeing enacted in compliance with section 1, Article XVIIof this Constitution. See Swett v. Bradbury, 333 Or. 597,43 P.3d 1094 (2002).

Section 1. Legislative authority vested in as-sembly; initiative and referendum; style of bills.[Constitution of 1859; Amendment proposed by H.J.R. 1,1901, and adopted by the people June 2, 1902; Amend-ment proposed by S.J.R. 6, 1953, and adopted by thepeople Nov. 2, 1954; Repeal proposed by H.J.R. 16, 1967,and adopted by the people May 28, 1968 (present section1 of this Article adopted in lieu of this section)]

Section 1a. Initiative and referendum on partsof laws and on local, special and municipal laws.[Created through initiative petition filed Feb. 3, 1906,and adopted by the people June 4, 1906; Repeal proposedby H.J.R. 16, 1967, and adopted by the people May 28,



1968 (present section 1 of this Article adopted in lieuof this section)]

Note: Section 1b as submitted to the people waspreceded by the following:

To protect the integrity of initiative and referen-dum petitions, the People of Oregon add the followingprovisions to the Constitution of the State of Oregon:

Section 1b. Payment for signatures. Itshall be unlawful to pay or receive money orother thing of value based on the number ofsignatures obtained on an initiative or refer-endum petition. Nothing herein prohibitspayment for signature gathering which is notbased, either directly or indirectly, on thenumber of signatures obtained. [Createdthrough initiative petition filed Nov. 7, 2001, andadopted by the people Nov. 5, 2002]


Section 1d. Effective date of amendment tosection 1, Article IV, by S.J.R. 3, 1999. [Createdthrough S.J.R. 3, 1999, and adopted by the people May16, 2000; Repealed Dec. 31, 2002, as specified in text ofsection adopted by the people May 16, 2000]

Section 2. Number of Senators andRepresentatives. The Senate shall consistof sixteen, and the House of Representativesof thirty four members, which number shallnot be increased until the year EighteenHundred and Sixty, after which time theLegislative Assembly may increase the num-ber of Senators and Representatives, alwayskeeping as near as may be the same ratio asto the number of Senators, and Represen-tatives: Provided that the Senate shall neverexceed thirty and the House of Represen-tatives sixty members. —

Section 3. How Senators and Repre-sentatives chosen; filling vacancies; qual-ifications. (1) The senators andrepresentatives shall be chosen by the elec-tors of the respective counties or districts orsubdistricts within a county or district intowhich the state may from time to time bedivided by law.

(2)(a) If a vacancy occurs in the office ofsenator or representative from any county ordistrict or subdistrict, the vacancy shall befilled as may be provided by law.

(b) Except as provided in paragraph (c)of this subsection, a person who is appointedto fill a vacancy in the office of senator orrepresentative must be an inhabitant of thedistrict the person is appointed to representfor at least one year next preceding the dateof the appointment.

(c) For purposes of an appointment oc-curring during the period beginning on Jan-uary 1 of the year a reapportionmentbecomes operative under section 6 of thisArticle, the person must have been an in-

habitant of the district for one year nextpreceding the date of the appointment orfrom January 1 of the year the reapportion-ment becomes operative to the date of theappointment, whichever is less. [Constitutionof 1859; Amendment proposed by S.J.R. 20, 1929, andadopted by the people Nov. 4, 1930; Amendment pro-posed by H.J.R. 20, 1953, and adopted by the peopleNov. 2, 1954; Amendment proposed by S.J.R. 14, 1995,and adopted by the people May 16, 1995; Amendmentproposed by H.J.R. 31, 2007, and adopted by the peopleNov. 4, 2008]

Section 3a. Applicability of qualifications forappointment to legislative vacancy. [Section 3a wasdesignated section 1b, which was created by S.J.R. 14,1995, and adopted by the people May 16, 1995; RepealedDec. 31, 1999, as specified in text of section adopted bythe people May 16, 1995]

Section 4. Term of office of legisla-tors; classification of Senators. (1) TheSenators shall be elected for the term of fouryears, and Representatives for the term oftwo years. The term of each Senator andRepresentative shall commence on the sec-ond Monday in January following hiselection, and shall continue for the full pe-riod of four years or two years, as the casemay be, unless a different commencing dayfor such terms shall have been appointed bylaw.

(2) The Senators shall continue to be di-vided into two classes, in accordance withthe division by lot provided for under theformer provisions of this Constitution, sothat one-half, as nearly as possible, of thenumber of Senators shall be electedbiennially.

(3) Any Senator or Representative whoseterm, under the former provisions of thissection, would have expired on the firstMonday in January 1961, shall continue inoffice until the second Monday in January1961. [Constitution of 1859; Amendment proposed byS.J.R. 23, 1951, and adopted by the people Nov. 4, 1952;Amendment proposed by S.J.R. 28, 1959, and adopted bythe people Nov. 8, 1960]

Section 5. Census. [Constitution of 1859; Repealproposed by H.J.R. 16, 1971, and adopted by the peopleMay 23, 1972]

Section 6. Apportionment of Senators andRepresentatives. [Constitution of 1859; Amendmentproposed by initiative petition filed July 3, 1952, andadopted by the people Nov. 4, 1952; Repeal proposed byH.J.R. 6, 1985, and adopted by the people Nov. 4, 1986(present section 6 of this Article adopted in lieu of thissection)]

Section 6. Apportionment of Senatorsand Representatives; operative date. (1)At the odd-numbered year regular session ofthe Legislative Assembly next following anenumeration of the inhabitants by the UnitedStates Government, the number of Senatorsand Representatives shall be fixed by law andapportioned among legislative districts ac-cording to population. A senatorial districtshall consist of two representative districts.



Any Senator whose term continues throughthe next odd-numbered year regular legisla-tive session after the operative date of thereapportionment shall be specifically as-signed to a senatorial district. The ratio ofSenators and Representatives, respectively,to population shall be determined by dividingthe total population of the state by the num-ber of Senators and by the number of Repre-sentatives. A reapportionment by theLegislative Assembly becomes operative asdescribed in subsection (6) of this section.

(2) This subsection governs judicial re-view and correction of a reapportionmentenacted by the Legislative Assembly.

(a) Original jurisdiction is vested in theSupreme Court, upon the petition of anyelector of the state filed with the SupremeCourt on or before August 1 of the year inwhich the Legislative Assembly enacts a re-apportionment, to review any reapportion-ment so enacted.

(b) If the Supreme Court determines thatthe reapportionment thus reviewed complieswith subsection (1) of this section and all lawapplicable thereto, it shall dismiss the peti-tion by written opinion on or before Septem-ber 1 of the same year and thereapportionment becomes operative as de-scribed in subsection (6) of this section.

(c) If the Supreme Court determines thatthe reapportionment does not comply withsubsection (1) of this section and all law ap-plicable thereto, the reapportionment shallbe void. In its written opinion, the SupremeCourt shall specify with particularitywherein the reapportionment fails to comply.The opinion shall further direct the Secre-tary of State to draft a reapportionment ofthe Senators and Representatives in accor-dance with the provisions of subsection (1)of this section and all law applicable thereto.The Supreme Court shall file its order withthe Secretary of State on or before Septem-ber 15. The Secretary of State shall conducta hearing on the reapportionment at whichthe public may submit evidence, views andargument. The Secretary of State shall causea transcription of the hearing to be preparedwhich, with the evidence, shall become partof the record. The Secretary of State shallfile the corrected reapportionment with theSupreme Court on or before November 1 ofthe same year.

(d) On or before November 15, the Su-preme Court shall review the corrected re-apportionment to assure its compliance withsubsection (1) of this section and all law ap-plicable thereto and may further correct thereapportionment if the court considers cor-rection to be necessary.

(e) The corrected reapportionment be-comes operative as described in subsection(6) of this section.

(3) This subsection governs enactment,judicial review and correction of a reappor-tionment if the Legislative Assembly fails toenact any reapportionment by July 1 of theyear of the odd-numbered year regular ses-sion of the Legislative Assembly next follow-ing an enumeration of the inhabitants by theUnited States Government.

(a) The Secretary of State shall make areapportionment of the Senators and Repre-sentatives in accordance with the provisionsof subsection (1) of this section and all lawapplicable thereto. The Secretary of Stateshall conduct a hearing on the reapportion-ment at which the public may submit evi-dence, views and argument. The Secretary ofState shall cause a transcription of thehearing to be prepared which, with the evi-dence, shall become part of the record. Thereapportionment so made shall be filed withthe Supreme Court by August 15 of the sameyear. The reapportionment becomes operativeas described in subsection (6) of this section.

(b) Original jurisdiction is vested in theSupreme Court upon the petition of anyelector of the state filed with the SupremeCourt on or before September 15 of the sameyear to review any reapportionment and therecord made by the Secretary of State.

(c) If the Supreme Court determines thatthe reapportionment thus reviewed complieswith subsection (1) of this section and all lawapplicable thereto, it shall dismiss the peti-tion by written opinion on or before October15 of the same year and the reapportionmentbecomes operative as described in subsection(6) of this section.

(d) If the Supreme Court determines thatthe reapportionment does not comply withsubsection (1) of this section and all law ap-plicable thereto, the reapportionment shallbe void. The Supreme Court shall return thereapportionment by November 1 to the Sec-retary of State accompanied by a writtenopinion specifying with particularity whereinthe reapportionment fails to comply. Theopinion shall further direct the Secretary ofState to correct the reapportionment in thoseparticulars, and in no others, and file thecorrected reapportionment with the SupremeCourt on or before December 1 of the sameyear.

(e) On or before December 15, the Su-preme Court shall review the corrected re-apportionment to assure its compliance withsubsection (1) of this section and all law ap-plicable thereto and may further correct thereapportionment if the court considers cor-rection to be necessary.



(f) The reapportionment becomes opera-tive as described in subsection (6) of thissection.

(4) Any reapportionment that becomesoperative as provided in this section is a lawof the state except for purposes of initiativeand referendum.

(5) Notwithstanding section 18, Article IIof this Constitution, after the convening ofthe next odd-numbered year regular legisla-tive session following the reapportionment, aSenator whose term continues through thatlegislative session is subject to recall by theelectors of the district to which the Senatoris assigned and not by the electors of thedistrict existing before the latest reappor-tionment. The number of signatures requiredon the recall petition is 15 percent of thetotal votes cast for all candidates for Gover-nor at the most recent election at which acandidate for Governor was elected to a fullterm in the two representative districts com-prising the senatorial district to which theSenator was assigned.

(6)(a) Except as provided in paragraph (b)of this subsection, a reapportionment madeunder this section becomes operative on thesecond Monday in January of the next odd-numbered year after the applicable deadlinefor making a final reapportionment underthis section.

(b) For purposes of electing Senators andRepresentatives to the next term of officethat commences after the applicable deadlinefor making a final reapportionment underthis section, a reapportionment made underthis section becomes operative on January 1of the calendar year next following the ap-plicable deadline for making a final reappor-tionment under this section. [Created throughH.J.R. 6, 1985, and adopted by the people Nov. 4, 1986(this section adopted in lieu of former section 6 of thisArticle); Amendment proposed by H.J.R. 31, 2007, andadopted by the people Nov. 4, 2008; Amendment pro-posed by S.J.R. 41, 2010, and adopted by the people Nov.2, 2010]

Section 7. Senatorial districts; sena-torial and representative subdistricts. Asenatorial district, when more than onecounty shall constitute the same, shall becomposed of contiguous counties, and nocounty shall be divided in creating such sen-atorial districts. Senatorial or representativedistricts comprising not more than onecounty may be divided into subdistricts fromtime to time by law. Subdistricts shall becomposed of contiguous territory within thedistrict; and the ratios to population of sen-ators or representatives, as the case may be,elected from the subdistricts, shall be sub-stantially equal within the district.[Constitution of 1859; Amendment proposed by H.J.R. 20,1953, and adopted by the people Nov. 2, 1954]

Section 8. Qualification of Senatorsand Representatives; effect of felony con-viction. (1)(a) Except as provided in para-graph (b) of this subsection, a person maynot be a Senator or Representative if theperson at the time of election:

(A) Is not a citizen of the United States;and

(B) Has not been for one year next pre-ceding the election an inhabitant of the dis-trict from which the Senator orRepresentative may be chosen.

(b) For purposes of the general electionnext following the applicable deadline formaking a final apportionment under section6 of this Article, the person must have beenan inhabitant of the district from January 1of the year following the applicable deadlinefor making the final reapportionment to thedate of the election.

(2) Senators and Representatives shall beat least twenty one years of age.

(3) A person may not be a Senator orRepresentative if the person has been con-victed of a felony during:

(a) The term of office of the person as aSenator or Representative; or

(b) The period beginning on the date ofthe election at which the person was electedto the office of Senator or Representativeand ending on the first day of the term ofoffice to which the person was elected.

(4) A person is not eligible to be electedas a Senator or Representative if that personhas been convicted of a felony and has notcompleted the sentence received for the con-viction prior to the date that person wouldtake office if elected. As used in this subsec-tion, “sentence received for the conviction”includes a term of imprisonment, any periodof probation or post-prison supervision andpayment of a monetary obligation imposed asall or part of a sentence.

(5) Notwithstanding sections 11 and 15,Article IV of this Constitution:

(a) The office of a Senator or Represen-tative convicted of a felony during the termto which the Senator or Representative waselected or appointed shall become vacant onthe date the Senator or Representative isconvicted.

(b) A person elected to the office of Sen-ator or Representative and convicted of afelony during the period beginning on thedate of the election and ending on the firstday of the term of office to which the personwas elected shall be ineligible to take officeand the office shall become vacant on thefirst day of the next term of office.



(6) Subject to subsection (4) of this sec-tion, a person who is ineligible to be a Sen-ator or Representative under subsection (3)of this section may:

(a) Be a Senator or Representative afterthe expiration of the term of office duringwhich the person is ineligible; and

(b) Be a candidate for the office of Sen-ator or Representative prior to the expirationof the term of office during which the personis ineligible.

(7)(a) Except as provided in paragraph (b)of this subsection, a person may not be aSenator or Representative if the person at alltimes during the term of office of the personas a Senator or Representative is not an in-habitant of the district from which the Sen-ator or Representative may be chosen orwhich the Senator or Representative hasbeen appointed to represent. A person doesnot lose status as an inhabitant of a districtif the person is absent from the district forpurposes of business of the Legislative As-sembly.

(b) Following the applicable deadline formaking a final apportionment under section6 of this Article, until the expiration of theterm of office of the person, a person may bean inhabitant of any district. [Constitution of1859; Amendment proposed by H.J.R. 6, 1985, andadopted by the people Nov. 4, 1986; Amendment pro-posed by S.J.R. 33, 1993, and adopted by the people Nov.8, 1994; Amendment proposed by S.J.R. 14, 1995, andadopted by the people May 16, 1995; Amendment pro-posed by H.J.R. 31, 2007, and adopted by the peopleNov. 4, 2008]

Section 8a. Applicability of qualification forlegislative office. [Created by S.J.R. 14, 1995, andadopted by the people May 16, 1995; Repealed Dec. 31,1999, as specified in text of section adopted by the peo-ple May 16, 1995]

Section 9. Legislators free from arrestand not subject to civil process in certaincases; words uttered in debate. Senatorsand Representatives in all cases, except fortreason, felony, or breaches of the peace,shall be privileged from arrest during thesession of the Legislative Assembly, and ingoing to and returning from the same; andshall not be subject to any civil process dur-ing the session of the Legislative Assembly,nor during the fifteen days next before thecommencement thereof: Nor shall a memberfor words uttered in debate in either house,be questioned in any other place. —

Section 10. Annual regular sessionsof the Legislative Assembly; organiza-tional session; extension of regular ses-sions. (1) The Legislative Assembly shallhold annual sessions at the Capitol of theState. Each session must begin on the daydesignated by law as the first day of the ses-

sion. Except as provided in subsection (3) ofthis section:

(a) A session beginning in an odd-numbered year may not exceed 160 calendardays in duration; and

(b) A session beginning in an even-numbered year may not exceed 35 calendardays in duration.

(2) The Legislative Assembly may hold anorganizational session that is not subject tothe limits of subsection (1) of this section forthe purposes of introducing measures andperforming the duties and effecting the or-ganization described in sections 11 and 12 ofthis Article. The Legislative Assembly maynot undertake final consideration of a meas-ure or reconsideration of a measure follow-ing a gubernatorial veto when convened inan organizational session.

(3) A regular session, as described insubsection (1) of this section, may be ex-tended for a period of five calendar days bythe affirmative vote of two-thirds of themembers of each house. A session may beextended more than once. An extension mustbegin on the first calendar day after the endof the immediately preceding session or ex-tension except that if the first calendar dayis a Sunday, the extension may begin on thenext Monday. [Constitution of 1859; Amendmentproposed by S.J.R. 41, 2010, and adopted by the peopleNov. 2, 2010]

Section 10a. Emergency sessions ofthe Legislative Assembly. In the event ofan emergency the Legislative Assembly shallbe convened by the presiding officers of bothHouses at the Capitol of the State at timesother than required by section 10 of this Ar-ticle upon the written request of the majorityof the members of each House to commencewithin five days after receipt of the minimumrequisite number of requests. [Created throughH.J.R. 28, 1975, and adopted by the people Nov. 2, 1976]

Section 11. Legislative officers; rulesof proceedings; adjournments. Each housewhen assembled, shall choose its own offi-cers, judge of the election, qualifications, andreturns of its own members; determine itsown rules of proceeding, and sit upon its ownadjournments; but neither house shall with-out the concurrence of the other, adjourn formore than three days, nor to any other placethan that in which it may be sitting. —

Section 12. Quorum; failure to effectorganization. Two thirds of each houseshall constitute a quorum to do business, buta smaller number may meet; adjourn fromday to day, and compel the attendance of ab-sent members. A quorum being in attend-ance, if either house fail to effect anorganization within the first five days there-after, the members of the house so failing



shall be entitled to no compensation from theend of the said five days until an organiza-tion shall have been effected. —

Section 13. Journal; when yeas andnays to be entered. Each house shall keepa journal of its proceedings.—The yeas andnays on any question, shall at the request ofany two members, be entered, together withthe names of the members demanding thesame, on the journal; provided that on a mo-tion to adjourn it shall require one tenth ofthe members present to order the yeas, andnays.

Section 14. Deliberations to be open;rules to implement requirement. The de-liberations of each house, of committees ofeach house or joint committees and of com-mittees of the whole, shall be open. Eachhouse shall adopt rules to implement the re-quirement of this section and the housesjointly shall adopt rules to implement therequirements of this section in any joint ac-tivity that the two houses may undertake.[Constitution of 1859; Amendment proposed by S.J.R. 36,1973, and adopted by the people Nov. 5, 1974; Amend-ment proposed by H.J.R. 29, 1977, and adopted by thepeople May 23, 1978]

Section 15. Punishment and expulsionof members. Either house may punish itsmembers for disorderly behavior, and maywith the concurrence of two thirds, expel amember; but not a second time for the samecause. —

Section 16. Punishment of nonmem-bers. Either house, during its session, maypunish by imprisonment, any person, not amember, who shall have been guilty of disre-spect to the house by disorderly orcontemptious [sic] behavior in its presence,but such imprisonment shall not at any time,exceed twenty [sic] twenty four hours. —

Section 17. General powers of Legis-lative Assembly. Each house shall have allpowers necessary for a chamber of the Leg-islative Branch, of a free, and independentState. [Constitution of 1859; Amendment proposed byH.J.R. 44, 2011, and adopted by the people Nov. 6, 2012]

Section 18. Where bills to originate.Bills may originate in either house, but maybe amended, or rejected in the other; exceptthat bills for raising revenue shall originatein the House of Representatives. —

Section 19. Reading of bills; vote onfinal passage. Every bill shall be read bytitle only on three several days, in eachhouse, unless in case of emergency two-thirds of the house where such bill may bepending shall, by a vote of yeas and nays,deem it expedient to dispense with this rule;provided, however, on its final passage suchbill shall be read section by section unlesssuch requirement be suspended by a vote of

two-thirds of the house where such bill maybe pending, and the vote on the final passageof every bill or joint resolution shall betaken by yeas and nays. [Constitution of 1859;Amendment proposed by S.J.R. 15, 1945, and adopted bythe people Nov. 5, 1946]

Section 20. Subject and title of Act.Every Act shall embrace but one subject, andmatters properly connected therewith, whichsubject shall be expressed in the title. But ifany subject shall be embraced in an Actwhich shall not be expressed in the title,such Act shall be void only as to so muchthereof as shall not be expressed in the title.

This section shall not be construed toprevent the inclusion in an amendatory Act,under a proper title, of matters otherwisegermane to the same general subject, al-though the title or titles of the original Actor Acts may not have been sufficiently broadto have permitted such matter to have beenso included in such original Act or Acts, orany of them. [Constitution of 1859; Amendment pro-posed by S.J.R. 41, 1951, and adopted by the people Nov.4, 1952]

Section 21. Acts to be plainly worded.Every act, and joint resolution shall beplainly worded, avoiding as far as practicablethe use of technical terms. —

Section 22. Mode of revision andamendment. No act shall ever be revised,or amended by mere reference to its title, butthe act revised, or section amended shall beset forth, and published at full length. How-ever, if, at any session of the Legislative As-sembly, there are enacted two or more actsamending the same section, each of the actsshall be given effect to the extent that theamendments do not conflict in purpose. If theamendments conflict in purpose, the act lastsigned by the Governor shall control.[Constitution of 1859; Amendment proposed by S.J.R. 28,1975, and adopted by the people Nov. 2, 1976]

Section 23. Certain local and speciallaws prohibited. The Legislative Assembly,shall not pass special or local laws, in anyof the following enumerated cases, that is tosay: —

Regulating the jurisdiction, and duties ofjustices of the peace, and of constables;

For the punishment of Crimes, and Mis-demeanors;

Regulating the practice in Courts of Jus-tice;

Providing for changing the venue in civil,and Criminal cases;

Granting divorces;Changing the names of persons;For laying, opening, and working on

highways, and for the election, or appoint-ment of supervisors;



Vacating roads, Town plats, Streets, Al-leys, and Public squares;

Summoning and empanneling [sic] grand,and petit jurors;

For the assessment and collection ofTaxes, for State, County, Township, or roadpurposes;

Providing for supporting Commonschools, and for the preservation of schoolfunds;

In relation to interest on money;Providing for opening, and conducting

the elections of State, County, and Townshipofficers, and designating the places of voting;

Providing for the sale of real estate, be-longing to minors, or other persons laboringunder legal disabilities, by executors, admin-istrators, guardians, or trustees. —

Section 24. Suit against state. Pro-vision may be made by general law, forbringing suit against the State, as to all li-abilities originating after, or existing at thetime of the adoption of this Constitution; butno special act authorizeing [sic] such suit tobe brought, or making compensation to anyperson claiming damages against the State,shall ever be passed. —

Section 25. Majority necessary to passbills and resolutions; special require-ments for bills raising revenue; signa-tures of presiding officers required. (1)Except as otherwise provided in subsection(2) of this section, a majority of all themembers elected to each House shall be nec-essary to pass every bill or Joint resolution.

(2) Three-fifths of all members elected toeach House shall be necessary to pass billsfor raising revenue.

(3) All bills, and Joint resolutions passed,shall be signed by the presiding officers ofthe respective houses. [Constitution of 1859;Amendment proposed by H.J.R. 14, 1995, and adopted bythe people May 21, 1996]

Section 26. Protest by member. Anymember of either house, shall have the rightto protest, and have his protest, with hisreasons for dissent, entered on thejournal. —

Section 27. All statutes public laws;exceptions. Every Statute shall be a publiclaw, unless otherwise declared in the Statuteitself. —

Section 28. When Act takes effect. Noact shall take effect, until ninety days fromthe end of the session at which the sameshall have been passed, except in case ofemergency; which emergency shall be de-clared in the preamble, or in the body of thelaw.

Section 29. Compensation of mem-bers. The members of the Legislative As-sembly shall receive for their services asalary to be established and paid in the samemanner as the salaries of other elected stateofficers and employes. [Constitution of 1859;Amendment proposed by S.J.R. 3, 1941, and adopted bythe people Nov. 3, 1942; Amendment proposed by H.J.R.5, 1949, and adopted by the people Nov. 7, 1950;Amendment proposed by H.J.R. 8, 1961, and adopted bythe people May 18, 1962]

Section 30. Members not eligible toother offices. No Senator or Representativeshall, during the time for which he may havebeen elected, be eligible to any office theelection to which is vested in the LegislativeAssembly; nor shall be appointed to any civiloffice of profit which shall have been cre-ated, or the emoluments of which shall havebeen increased during such term; but thislatter provision shall not be construed to ap-ply to any officer elective by the people. —

Section 31. Oath of members. Themembers of the Legislative Assembly shallbefore they enter on the duties of their re-spective offices, take and subscribe the fol-lowing oath or affirmation;—I do solemnlyswear (or affirm as the case may be) that Iwill support the Constitution of the UnitedStates, and the Constitution of the State ofOregon, and that I will faithfully dischargethe duties of Senator (or Representative asthe case may be) according to the best of myAbility, And such oath may be administeredby the Govenor [sic], Secretary of State, ora judge of the Supreme Court. —

Section 32. Income tax defined byfederal law; review of tax laws required.Notwithstanding any other provision of thisConstitution, the Legislative Assembly, inany law imposing a tax or taxes on, in re-spect to or measured by income, may definethe income on, in respect to or by whichsuch tax or taxes are imposed or measured,by reference to any provision of the laws ofthe United States as the same may be or be-come effective at any time or from time totime, and may prescribe exceptions or mod-ifications to any such provisions. At eachregular session the Legislative Assemblyshall, and at any special session may, providefor a review of the Oregon laws imposing atax upon or measured by income, but no suchlaws shall be amended or repealed except bya legislative Act. [Created through H.J.R. 3, 1969,and adopted by the people Nov. 3, 1970]

Section 33. Reduction of criminal sen-tences approved by initiative or referen-dum process. Notwithstanding theprovisions of section 25 of this Article, atwo-thirds vote of all the members elected toeach house shall be necessary to pass a billthat reduces a criminal sentence approved by


CONSTITUTION OF OREGON Art. V§8a

the people under section 1 of this Article.[Created through initiative petition filed Nov. 16, 1993,and adopted by the people Nov. 8, 1994]

ARTICLE VEXECUTIVE BRANCH

Sec. 1. Governor as chief executive; term of office;period of eligibility

2. Qualifications of Governor3. Who not eligible4. Election of Governor5. Greatest number of votes decisive; election

by legislature in case of tie6. Contested elections7. Term of office

8a. Vacancy in office of Governor9. Governor as commander in chief of state

military forces10. Governor to see laws executed11. Recommendations to legislature12. Governor may convene legislature13. Transaction of governmental business14. Reprieves, commutations and pardons; re-

mission of fines and forfeitures15a. Single item and emergency clause veto15b. Legislative enactments; approval by Gover-

nor; notice of intention to disapprove; disap-proval and reconsideration by legislature;failure of Governor to return bill

16. Governor to Fill Vacancies by Appointment17. Governor to issue writs of election to fill

vacancies in legislature18. Commissions

Section 1. Governor as chief execu-tive; term of office; period of eligibility.The cheif [sic] executive power of the State,shall be vested in a Governor, who shall holdhis office for the term of four years; and noperson shall be eligible to such office morethan Eight, in any period of twelve years. —

Section 2. Qualifications of Governor.No person except a citizen of the UnitedStates, shall be eligible to the Office of Gov-ernor, nor shall any person be eligible tothat office who shall not have attained theage of thirty years, and who shall not havebeen three years next preceding his election,a resident within this State. The minimumage requirement of this section does not ap-ply to a person who succeeds to the office ofGovernor under section 8a of this Article.[Constitution of 1859; Amendment proposed by H.J.R. 52,1973, and adopted by the people Nov. 5, 1974]

Section 3. Who not eligible. No mem-ber of Congress, or person holding any officeunder the United States, or under this State,or under any other power, shall fill the Of-fice of Governor, except as may be otherwiseprovided in this Constitution. —

Section 4. Election of Governor. TheGovernor shall be elected by the qualifiedElectors of the State at the times, and placesof choosing members of the Legislative As-sembly; and the returns of every Election forGovernor, shall be sealed up, and transmitted

to the Secretary of State; directed to theSpeaker of the House of Representatives,who shall open, and publish them in thepresence of both houses of the LegislativeAssembly. —

Section 5. Greatest number of votesdecisive; election by legislature in case oftie. The person having the highest numberof votes for Governor, shall be elected; butin case two or more persons shall have anequal and the highest number of votes forGovernor, the two houses of the LegislativeAssembly at the next regular session thereof,shall forthwith by joint vote, proceed to electone of the said persons Governor. —

Section 6. Contested elections. Con-tested Elections for Governor shall be deter-mined by the Legislative Assembly in suchmanner as may be prescribed by law. —

Section 7. Term of office. The officialterm of the Governor shall be four years; andshall commence at such times as may beprescribed by this constitution, or prescribedby law. —

Section 8. Vacancy in office of Governor.[Constitution of 1859; Amendment proposed by S.J.R. 10,1920 (s.s.), and adopted by the people May 21, 1920;Amendment proposed by S.J.R. 8, 1945, and adopted bythe people Nov. 5, 1946; Repeal proposed by initiativepetition filed July 7, 1972, and adopted by the peopleNov. 7, 1972 (present section 8a of this Article adoptedin lieu of this section)]

Section 8a. Vacancy in office of Gov-ernor. In case of the removal from office ofthe Governor, or of his death, resignation, ordisability to discharge the duties of his officeas prescribed by law, the Secretary of State;or if there be none, or in case of his removalfrom office, death, resignation, or disabilityto discharge the duties of his office as pre-scribed by law, then the State Treasurer; orif there be none, or in case of his removalfrom office, death, resignation, or disabilityto discharge the duties of his office as pre-scribed by law, then the President of theSenate; or if there be none, or in case of hisremoval from office, death, resignation, ordisability to discharge the duties of his officeas prescribed by law, then the Speaker of theHouse of Representatives, shall become Gov-ernor until the disability be removed, or aGovernor be elected at the next general bi-ennial election. The Governor elected to fillthe vacancy shall hold office for the unex-pired term of the outgoing Governor. TheSecretary of State or the State Treasurershall appoint a person to fill his office untilthe election of a Governor, at which time theoffice so filled by appointment shall be filledby election; or, in the event of a disabilityof the Governor, to be Acting Secretary ofState or Acting State Treasurer until thedisability be removed. The person so ap-


Art. V§9 CONSTITUTION OF OREGON

pointed shall not be eligible to succeed to theoffice of Governor by automatic successionunder this section during the term of his ap-pointment. [Created through initiative petition filedJuly 7, 1972, and adopted by the people Nov. 7, 1972(this section adopted in lieu of former section 8 of thisArticle)]

Section 9. Governor as commander inchief of state military forces. The Gover-nor shall be commander in cheif [sic] of themilitary, and naval forces of this State, andmay call out such forces to execute the laws,to suppress insurection [sic], or to repel in-vasion.

Section 10. Governor to see laws exe-cuted. He shall take care that the Laws befaithfully executed. —

Section 11. Recommendations to leg-islature. He shall from time to time give tothe Legislative Assembly information touch-ing the condition of the State, andreccommend [sic] such measures as he shalljudge to be expedient[.]

Section 12. Governor may convenelegislature. He may on extraordinary occa-sions convene the Legislative Assembly byproclamation, and shall state to both houseswhen assembled, the purpose for which theyshall have been convened. —

Section 13. Transaction of govern-mental business. He shall transact all nec-essary business with the officers ofgovernment, and may require information inwriting from the offices of the Administra-tive, and Military Departments upon anysubject relating to the duties of their respec-tive offices. —

Section 14. Reprieves, commutationsand pardons; remission of fines andforfeitures. He shall have power to grantreprieves, commutations, and pardons, afterconviction, for all offences [sic] except trea-son, subject to such regulations as may beprovided by law. Upon conviction for treasonhe shall have power to suspend the executionof the sentence until the case shall be re-ported to the Legislative Assembly, at itsnext meeting, when the Legislative Assemblyshall either grant a pardon, commute thesentence, direct the execution of the sen-tence, or grant a farther [sic] reprieve. —He shall have power to remit fines, andforfeitures, under such regulations as may beprescribed by law; and shall report to theLegislative Assembly at its next meetingeach case of reprieve, commutation, or par-don granted, and the reasons for granting thesame; and also the names of all persons inwhose favor remission of fines, and forfei-tures shall have been made, and the severalamounts remitted[.]

Section 15. [This section of the Constitution of1859 was redesignated as section 15b by the amendmentproposed by S.J.R. 12, 1915, and adopted by the peopleNov. 7, 1916]

Section 15a. Single item and emer-gency clause veto. The Governor shall havepower to veto single items in appropriationbills, and any provision in new bills declaringan emergency, without thereby affecting anyother provision of such bill. [Created throughS.J.R. 12, 1915, and adopted by the people Nov. 7, 1916;Amendment proposed by S.J.R. 13, 1921, and adopted bythe people June 7, 1921]

Section 15b. Legislative enactments;approval by Governor; notice of intentionto disapprove; disapproval and reconsid-eration by legislature; failure of Gover-nor to return bill. (1) Every bill which shallhave passed the Legislative Assembly shall,before it becomes a law, be presented to theGovernor; if the Governor approve, the Gov-ernor shall sign it; but if not, the Governorshall return it with written objections tothat house in which it shall have originated,which house shall enter the objections atlarge upon the journal and proceed to recon-sider it.

(2) If, after such reconsideration, two-thirds of the members present shall agree topass the bill, it shall be sent, together withthe objections, to the other house, by whichit shall likewise be reconsidered, and, if ap-proved by two-thirds of the members present,it shall become a law. But in all such cases,the votes of both houses shall be determinedby yeas and nays, and the names of themembers voting for or against the bill shallbe entered on the journal of each house re-spectively.

(3) If any bill shall not be returned by theGovernor within five days (Saturdays andSundays excepted) after it shall have beenpresented to the Governor, it shall be a lawwithout signature, unless the general ad-journment shall prevent its return, in whichcase it shall be a law, unless the Governorwithin thirty days next after the adjourn-ment (Saturdays and Sundays excepted) shallfile such bill, with written objections thereto,in the office of the Secretary of State, whoshall lay the same before the Legislative As-sembly at its next session in like manner asif it had been returned by the Governor.

(4) Before filing a bill after adjournmentwith written objections, the Governor mustannounce publicly the possible intention todo so at least five days before filing the billwith written objections. However, nothing inthis subsection requires the Governor to fileany bill with objections because of the an-nouncement. [Created through S.J.R. 12, 1915, andadopted by the people Nov. 7, 1916; Amendment pro-posed by H.J.R. 9, 1937, and adopted by the people Nov.


CONSTITUTION OF OREGON Art. VI§8

8, 1938; Amendment proposed by S.J.R. 4, 1987, andadopted by the people Nov. 8, 1988]

Note: See note at section 15, Article V.

Section 16. Governor to Fill Vacanciesby Appointment. When during a recess ofthe legislative assembly a vacancy occurs inany office, the appointment to which isvested in the legislative assembly, or whenat any time a vacancy occurs in any otherstate office, or in the office of judge of anycourt, the governor shall fill such vacancyby appointment, which shall expire when asuccessor has been elected and qualified.When any vacancy occurs in any elective of-fice of the state or of any district or countythereof, the vacancy shall be filled at thenext general election, provided such vacancyoccurs more than sixty-one (61) days prior tosuch general election. [Constitution of 1859;Amendment proposed by H.J.R. 5, 1925, and adopted bythe people Nov. 2, 1926; Amendment proposed by H.J.R.30, 1985, and adopted by the people May 20, 1986;Amendment proposed by S.J.R. 4, 1993, and adopted bythe people Nov. 8, 1994]

Note: The leadline to section 16 was a part of themeasure submitted to the people by H.J.R. 5, 1925.

Section 17. Governor to issue writs ofelection to fill vacancies in legislature.He shall issue writs of Election to fill suchvacancies as may have occured [sic] in theLegislative Assembly.

Section 18. Commissions. All commis-sions shall issue in the name of the State;shall be signed by the Govenor [sic], sealedwith the seal of the State, and attested bythe Secretary of State. —

ARTICLE VIADMINISTRATIVE DEPARTMENT

Sec. 1. Election of Secretary and Treasurer of state;terms of office; period of eligibility

2. Duties of Secretary of State3. Seal of state4. Powers and duties of Treasurer5. Offices and records of executive officers6. County Officers7. Other officers8. County officers’ qualifications; location of

offices of county and city officers; duties ofsuch officers

9. Vacancies of county, township, precinct andcity offices

10. County home rule under county charter

Section 1. Election of Secretary andTreasurer of state; terms of office; periodof eligibility. There shall be elected by thequalified electors of the State, at the timesand places of choosing Members of the Leg-islative Assembly, a Secretary, and Treasurerof State, who shall severally hold their of-fices for the term of four years; but no per-son shall be eligible to either of said offices

more than Eight in any period of Twelveyears. —

Section 2. Duties of Secretary ofState. The Secretary of State shall keep afair record of the official acts of the Legisla-tive Assembly, and Executive Branch; andshall when required lay the same, and allmatters relative thereto before either cham-ber of the Legislative Assembly. The Secre-tary of State shall be by virtue of holding theoffice, Auditor of Public Accounts, and shallperform such other duties as shall be as-signed to the Secretary of State by law.[Constitution of 1859; Amendment proposed by H.J.R. 44,2011, and adopted by the people Nov. 6, 2012]

Section 3. Seal of state. There shall bea seal of State, kept by the Secretary of Statefor official purposes, which shall be called“The seal of the State of Oregon”. —

Section 4. Powers and duties ofTreasurer. The powers, and duties of theTreasurer of State shall be such as may beprescribed by law. —

Section 5. Offices and records ofexecutive officers. The Governor, Secretaryof State, and Treasurer of State shall se-verally keep the public records, books andpapers at the seat of government in anymanner relating to their respective offices.[Constitution of 1859; Amendment proposed by S.J.R. 13,1985, and adopted by the people Nov. 4, 1986]

Section 6. County Officers: There shallbe elected in each county by the qualifiedelectors thereof at the time of holding gen-eral elections, a county clerk, treasurer andsheriff who shall severally hold their officesfor the term of four years. [Constitution of 1859;Amendment proposed by initiative petition filed June 9,1920, and adopted by the people Nov. 2, 1920; Amend-ment proposed by H.J.R. 7, 1955, and adopted by thepeople Nov. 6, 1956]

Note: The leadline to section 6 was a part of themeasure proposed by initiative petition filed June 9,1920, and adopted by the people Nov. 2, 1920.

Section 7. Other officers. Such othercounty, township, precinct, and City officersas may be necessary, shall be elected, or ap-pointed in such manner as may be prescribedby law. —

Section 8. County officers’ qualifica-tions; location of offices of county andcity officers; duties of such officers. Everycounty officer shall be an elector of thecounty, and the county assessor, countysheriff, county coroner and county surveyorshall possess such other qualifications asmay be prescribed by law. All county andcity officers shall keep their respective of-fices at such places therein, and performsuch duties, as may be prescribed by law.[Constitution of 1859; Amendment proposed by H.J.R. 7,1955, and adopted by the people Nov. 6, 1956; Amend-ment proposed by H.J.R. 42, 1971, and adopted by the


Art. VI§9 CONSTITUTION OF OREGON

people Nov. 7, 1972; Amendment proposed by H.J.R. 22,1973, and adopted by the people Nov. 5, 1974]

Section 9. Vacancies in county, town-ship, precinct and city offices. Vacanciesin County, Township, precinct and City of-fices shall be filled in such manner as maybe prescribed by law. —

Section 9a. County manager form of govern-ment. [Created through H.J.R. 3, 1943, and adopted bythe people Nov. 7, 1944; Repeal proposed by H.J.R. 22,1957, and adopted by the people Nov. 4, 1958]

Section 10. County home rule undercounty charter. The Legislative Assemblyshall provide by law a method whereby thelegal voters of any county, by majority voteof such voters voting thereon at any legallycalled election, may adopt, amend, revise orrepeal a county charter. A county chartermay provide for the exercise by the countyof authority over matters of county concern.Local improvements shall be financed onlyby taxes, assessments or charges imposed onbenefited property, unless otherwise providedby law or charter. A county charter shallprescribe the organization of the county gov-ernment and shall provide directly, or by itsauthority, for the number, election or ap-pointment, qualifications, tenure, compensa-tion, powers and duties of such officers asthe county deems necessary. Such officersshall among them exercise all the powersand perform all the duties, as distributed bythe county charter or by its authority, nowor hereafter, by the Constitution or laws ofthis state, granted to or imposed upon anycounty officer. Except as expressly providedby general law, a county charter shall notaffect the selection, tenure, compensation,powers or duties prescribed by law for judgesin their judicial capacity, for justices of thepeace or for district attorneys. The initiativeand referendum powers reserved to the peo-ple by this Constitution hereby are furtherreserved to the legal voters of every countyrelative to the adoption, amendment, revisionor repeal of a county charter and to legis-lation passed by counties which have adoptedsuch a charter; and no county shall requirethat referendum petitions be filed less than90 days after the provisions of the charter orthe legislation proposed for referral isadopted by the county governing body. To becirculated, referendum or initiative petitionsshall set forth in full the charter or legisla-tive provisions proposed for adoption or re-ferral. Referendum petitions shall not berequired to include a ballot title to be circu-lated. In a county a number of signatures ofqualified voters equal to but not greater thanfour percent of the total number of all votescast in the county for all candidates forGovernor at the election at which a Gover-

nor was elected for a term of four years nextpreceding the filing of the petition shall berequired for a petition to order a referendumon county legislation or a part thereof. Anumber of signatures equal to but notgreater than six percent of the total numberof votes cast in the county for all candidatesfor Governor at the election at which aGovernor was elected for a term of fouryears next preceding the filing of the petitionshall be required for a petition to propose aninitiative ordinance. A number of signaturesequal to but not greater than eight percentof the total number of votes cast in thecounty for all candidates for Governor at theelection at which a Governor was elected fora term of four years next preceding the filingof the petition shall be required for a petitionto propose a charter amendment. [Createdthrough H.J.R. 22, 1957, and adopted by the peopleNov. 4, 1958; Amendment proposed by S.J.R. 48, 1959,and adopted by the people Nov. 8, 1960; Amendmentproposed by H.J.R. 21, 1977, and adopted by the peopleMay 23, 1978]

ARTICLE VII (Amended)JUDICIAL BRANCH

Sec. 1. Courts; election of judges; term of office;compensation

1a. Retirement of judges; recall to temporary ac-tive service

2. Amendment’s effect on courts, jurisdictionand judicial system; Supreme Court’s originaljurisdiction

2a. Temporary appointment and assignment ofjudges

2b. Inferior courts may be affected in certain re-spects by special or local laws

3. Jury trial; re-examination of issues by ap-pellate court; record on appeal to SupremeCourt; affirmance notwithstanding error; de-termination of case by Supreme Court

4. Supreme Court; terms; statements of deci-sions of court

5. Juries; indictment; information; verdict incivil cases

6. Incompetency or malfeasance of public offi-cer

7. Oath of office of Judges of Supreme Court8. Removal, suspension or censure of judges9. Juries of less than 12 jurors

Section 1. Courts; election of judges;term of office; compensation. The judicialpower of the state shall be vested in one su-preme court and in such other courts as mayfrom time to time be created by law. Thejudges of the supreme and other courts shallbe elected by the legal voters of the state orof their respective districts for a term of sixyears, and shall receive such compensationas may be provided by law, which compensa-tion shall not be diminished during the termfor which they are elected. [Created through in-itiative petition filed July 7, 1910, and adopted by thepeople Nov. 8, 1910]


CONSTITUTION OF OREGON Am. Art. VII§4

Section 1a. Retirement of judges; re-call to temporary active service. Notwith-standing the provisions of section 1, ArticleVII (Amended) of this Constitution, a judgeof any court shall retire from judicial officeat the end of the calendar year in which heattains the age of 75 years. The LegislativeAssembly or the people may by law:

(1) Fix a lesser age for mandatory retire-ment not earlier than the end of the calendaryear in which the judge attains the age of 70years;

(2) Provide for recalling retired judges totemporary active service on the court fromwhich they are retired; and

(3) Authorize or require the retirementof judges for physical or mental disability orany other cause rendering judges incapableof performing their judicial duties.

This section shall not affect the term towhich any judge shall have been elected orappointed prior to or at the time of approvaland ratification of this section. [Createdthrough S.J.R. 3, 1959, and adopted by the people Nov.8, 1960]

Section 2. Amendment’s effect oncourts, jurisdiction and judicial system;Supreme Court’s original jurisdiction.The courts, jurisdiction, and judicial systemof Oregon, except so far as expressly changedby this amendment, shall remain as at pres-ent constituted until otherwise provided bylaw. But the supreme court may, in its owndiscretion, take original jurisdiction in man-damus, quo warranto and habeas corpus pro-ceedings. [Created through initiative petition filedJuly 7, 1910, and adopted by the people Nov. 8, 1910]

Section 2a. Temporary appointmentand assignment of judges. The LegislativeAssembly or the people may by law empowerthe Supreme Court to:

(1) Appoint retired judges of the SupremeCourt or judges of courts inferior to the Su-preme Court as temporary members of theSupreme Court.

(2) Appoint members of the bar as judgespro tempore of courts inferior to the Su-preme Court.

(3) Assign judges of courts inferior to theSupreme Court to serve temporarily outsidethe district for which they were elected.

A judge or member of the bar so ap-pointed or assigned shall while serving haveall the judicial powers and duties of a regu-larly elected judge of the court to which heis assigned or appointed. [Created through S.J.R.30, 1957, and adopted by the people Nov. 4, 1958]

Section 2b. Inferior courts may be af-fected in certain respects by special orlocal laws. Notwithstanding the provisionsof section 23, Article IV of this Constitution,

laws creating courts inferior to the SupremeCourt or prescribing and defining the juris-diction of such courts or the manner inwhich such jurisdiction may be exercised,may be made applicable:

(1) To all judicial districts or other sub-divisions of this state; or

(2) To designated classes of judicial dis-tricts or other subdivisions; or

(3) To particular judicial districts orother subdivisions. [Created through S.J.R. 34,1961, and adopted by the people Nov. 6, 1962]

Section 3. Jury trial; re-examinationof issues by appellate court; record onappeal to Supreme Court; affirmancenotwithstanding error; determination ofcase by Supreme Court. In actions at law,where the value in controversy shall exceed$750, the right of trial by jury shall be pre-served, and no fact tried by a jury shall beotherwise re-examined in any court of thisstate, unless the court can affirmatively saythere is no evidence to support the verdict.Until otherwise provided by law, upon appealof any case to the supreme court, eitherparty may have attached to the bill of ex-ceptions the whole testimony, the instruc-tions of the court to the jury, and any othermatter material to the decision of the appeal.If the supreme court shall be of opinion, af-ter consideration of all the matters thussubmitted, that the judgment of the courtappealed from was such as should have beenrendered in the case, such judgment shall beaffirmed, notwithstanding any error commit-ted during the trial; or if, in any respect, thejudgment appealed from should be changed,and the supreme court shall be of opinionthat it can determine what judgment shouldhave been entered in the court below, it shalldirect such judgment to be entered in thesame manner and with like effect as decreesare now entered in equity cases on appeal tothe supreme court. Provided, that nothing inthis section shall be construed to authorizethe supreme court to find the defendant in acriminal case guilty of an offense for whicha greater penalty is provided than that ofwhich the accused was convicted in thelower court. [Created through initiative petitionfiled July 7, 1910, and adopted by the people Nov. 8,1910; Amendment proposed by H.J.R. 71, 1973, andadopted by the people Nov. 5, 1974; Amendment pro-posed by H.J.R. 47, 1995, and adopted by the people May21, 1996]

Section 4. Supreme Court; terms;statements of decisions of court. Theterms of the supreme court shall be ap-pointed by law; but there shall be one termat the seat of government annually. At theclose of each term the judges shall file withthe secretary of state concise written state-ments of the decisions made at that term.


Am. Art. VII§5 CONSTITUTION OF OREGON

[Created through initiative petition filed July 7, 1910,and adopted by the people Nov. 8, 1910]

Section 5. Juries; indictment; information.[Created through initiative petition filed July 7, 1910,and adopted by the people Nov. 8, 1910; Amendmentproposed by S.J.R. 23, 1957, and adopted by the peopleNov. 4, 1958; Repeal proposed by S.J.R. 1, 1973, andadopted by the people Nov. 5, 1974 (present section 5of this Article adopted in lieu of this section)]

Section 5. Juries; indictment; infor-mation; verdict in civil cases. (1) The Leg-islative Assembly shall provide by law for:

(a) Selecting juries and qualifications ofjurors;

(b) Drawing and summoning grand jurorsfrom the regular jury list at any time, sepa-rate from the panel of petit jurors;

(c) Empaneling more than one grand juryin a county; and

(d) The sitting of a grand jury during va-cation as well as session of the court.

(2) A grand jury shall consist of sevenjurors chosen by lot from the whole numberof jurors in attendance at the court, five ofwhom must concur to find an indictment.

(3) Except as provided in subsections (4)and (5) of this section, a person shall becharged in a circuit court with the commis-sion of any crime punishable as a felony onlyon indictment by a grand jury.

(4) The district attorney may charge aperson on an information filed in circuitcourt of a crime punishable as a felony if theperson appears before the judge of the circuitcourt and knowingly waives indictment.

(5) The district attorney may charge aperson on an information filed in circuitcourt if, after a preliminary hearing before amagistrate, the person has been held to an-swer upon a showing of probable cause thata crime punishable as a felony has beencommitted and that the person has commit-ted it, or if the person knowingly waivespreliminary hearing.

(6) An information shall be substantiallyin the form provided by law for anindictment. The district attorney may file anamended indictment or information when-ever, by ruling of the court, an indictmentor information is held to be defective inform.

(7) In civil cases three-fourths of the jurymay render a verdict. [Created through S.J.R. 1,1973, and adopted by the people Nov. 5, 1974 (this sec-tion adopted in lieu of former section 5 of this Article)]

Section 6. Incompetency or malfea-sance of public officer. Public officers shallnot be impeached; but incompetency, cor-ruption, malfeasance or delinquency in officemay be tried in the same manner as criminal

offenses, and judgment may be given of dis-missal from office, and such further punish-ment as may have been prescribed by law.[Created through initiative petition filed July 7, 1910,and adopted by the people Nov. 8, 1910]

Section 7. Oath of office of Judges ofSupreme Court. Every judge of the supremecourt, before entering upon the duties of hisoffice, shall take and subscribe, and transmitto the secretary of state, the following oath:

“I, , do solemnlyswear (or affirm) that I will support the con-stitution of the United States, and the con-stitution of the State of Oregon, and that Iwill faithfully and impartially discharge theduties of a judge of the supreme court of thisstate, according to the best of my ability, andthat I will not accept any other office, exceptjudicial offices, during the term for which Ihave been elected.” [Created through initiative pe-tition filed July 7, 1910, and adopted by the people Nov.8, 1910]

Section 8. Removal, suspension orcensure of judges. (1) In the manner pro-vided by law, and notwithstanding section 1of this Article, a judge of any court may beremoved or suspended from his judicial officeby the Supreme Court, or censured by theSupreme Court, for:

(a) Conviction in a court of this or anyother state, or of the United States, of acrime punishable as a felony or a crime in-volving moral turpitude; or

(b) Wilful misconduct in a judicial officewhere such misconduct bears a demonstrablerelationship to the effective performance ofjudicial duties; or

(c) Wilful or persistent failure to performjudicial duties; or

(d) Generally incompetent performanceof judicial duties; or

(e) Wilful violation of any rule of judicialconduct as shall be established by the Su-preme Court; or

(f) Habitual drunkenness or illegal use ofnarcotic or dangerous drugs.

(2) Notwithstanding section 6 of this Ar-ticle, the methods provided in this section,section 1a of this Article and in section 18,Article II of this Constitution, are the exclu-sive methods of the removal, suspension, orcensure of a judge. [Created through S.J.R. 9, 1967,and adopted by the people Nov. 5, 1968; Amendmentproposed by S.J.R. 48, 1975, and adopted by the peopleMay 25, 1976]

Section 9. Juries of less than 12 ju-rors. Provision may be made by law for ju-ries consisting of less than 12 but not lessthan six jurors. [Created through S.J.R. 17, 1971,and adopted by the people Nov. 7, 1972]


CONSTITUTION OF OREGON Art. VII§10

ARTICLE VII (Original)THE JUDICIAL BRANCH

Note: Original Article VII, compiled below, hasbeen supplanted in part by amended Article VII and inpart by statutes enacted by the Legislative Assembly.The provisions of original Article VII relating to courts,jurisdiction and the judicial system, by the terms ofsection 2 of amended Article VII, are given the statusof a statute and are subject to change by statutes en-acted by the Legislative Assembly, except so far aschanged by amended Article VII.

Sec. 1. Courts in which judicial power vested2. Supreme Court3. Terms of office of Judges4. Vacancy5. Chief Justice6. Jurisdiction7. Term of Supreme Court; statements of deci-

sions of court8. Circuit court9. Jurisdiction of circuit courts

10. Supreme and circuit judges; election inclasses

11. County judges and terms of county courts12. Jurisdiction of county courts; county com-

missioners13. Writs granted by county judge; habeas cor-

pus proceedings14. Expenses of court in certain counties15. County clerk; recorder16. Sheriff17. Prosecuting attorneys19. Official delinquencies20. Removal of Judges of Supreme Court and

prosecuting attorneys from office21. Oath of office of Supreme Court Judges

Section 1. Courts in which judicialpower vested. The Judicial power of theState shall be vested in a Suprume [sic]Court, Circuits [sic] Courts, and CountyCourts, which shall be Courts of Recordhaving general jurisdiction, to be defined,limited, and regulated by law in accordancewith this Constitution.— Justices of thePeace may also be invested with limited Ju-dicial powers, and Municipal Courts may becreated to administer the regulations of in-corporated towns, and cities. —

Section 2. Supreme Court. The Su-preme Court shall consist of Four Justices tobe chosen in districts by the electors thereof,who shall be citizens of the United States,and who shall have resided in the State atleast three years next preceding theirelection, and after their election to reside intheir respective districts: The number ofJustices, the Districts may be increased, butshall never exceed seven; and the boundariesof districts may be changed, but no Changeof Districts, shall have the effect to removea Judge from office, or require him to changehis residence without his consent.[Constitution of 1859; Amendment proposed by S.J.R. 7,2001, and adopted by the people Nov. 5, 2002]

Section 3. Terms of office of Judges.The Judges first chosen under this Constitu-tion shall allot among themselves, their

terms of office, so that the term of one ofthem shall expire in Two years, one in Fouryears, and Two in Six years, and thereafter,one or more shall be chosen every Two yearsto serve for the term of Six years. —

Section 4. Vacancy. Every vacancy inthe office of Judge of the Supreme Courtshall be filled by election for the remainderof the vacant term, unless it would expire atthe next election, and until so filled, or whenit would so expire, the Governor shall fill thevacancy by appointment. —

Section 5. Chief Justice. The Judge whohas the shortest term to serve, or the oldestof several having such shortest term, and notholding by appointment shall be the Cheif[sic] Justice. —

Section 6. Jurisdiction. The SupremeCourt shall have jurisdiction only to revisethe final decisions of the Circuit Courts, andevery cause shall be tried, and every decisionshall be made by those Judges only, or amajority of them, who did not try the cause,or make the decision in the Circuit Court.—

Section 7. Term of Supreme Court;statements of decisions of court. Theterms of the Supreme Court shall be ap-pointed by Law; but there shall be one termat the seat of Government annually: —And at the close of each term the Judgesshall file with the Secretary of State, Concisewritten Statements of the decisions made atthat term. —

Note: Section 7 is in substance the same as section4 of amended Article VII.

Section 8. Circuit court. The Circuits[sic] Courts shall be held twice at least ineach year in each County organized for judi-cial purposes, by one of the Justices of theSupreme Court at times to be appointed bylaw; and at such other times as may be ap-pointed by the Judges severally in pursuanceof law. —

Section 9. Jurisdiction of circuitcourts. All judicial power, authority, andjurisdiction not vested by this Constitution,or by laws consistent therewith, exclusivelyin some other Court shall belong to the Cir-cuit Courts, and they shall have appellatejurisdiction, and supervisory control over theCounty Courts, and all other inferior Courts,Officers, and tribunals. —

Section 10. Supreme and circuitjudges; election in classes. The LegislativeAssembly, may provide for the election ofSupreme, and Circuit Judges, in distinctclasses, one of which classes shall consist ofthree Justices of the Supreme Court, whoshall not perform Circuit duty, and the other


Art. VII§11 CONSTITUTION OF OREGON

class shall consist of the necessary numberof Circuit Judges, who shall hold full termswithout allotment, and who shall take thesame oath as the Supreme Judges.[Constitution of 1859; Amendment proposed by S.J.R. 7,2001, and adopted by the people Nov. 5, 2002]

Section 11. County judges and termsof county courts. There shall be elected ineach County for the term of Four years aCounty Judge, who shall hold the CountyCourt at times to be regulated by law. —

Section 12. Jurisdiction of countycourts; county commissioners. TheCounty Court shall have the jurisdictionpertaining to Probate Courts, and boards ofCounty Commissioners, and such other pow-ers, and duties, and such civil Jurisdiction,not exceeding the amount or value of fivehundred dollars, and such criminal jurisdic-tion not extending to death or imprisonmentin the penitentiary, as may be prescribed bylaw.—But the Legislative Assembly may pro-vide for the election of Two Commissionersto sit with the County Judge whilst trans-acting County business, in any, or all of theCounties, or may provide a seperate [sic]board for transacting such business. —

Section 13. Writs granted by countyjudge; habeas corpus proceedings. TheCounty Judge may grant preliminaryinjuctions [sic], and such other writs as theLegislative Assembly may authorize him togrant, returnable to the Circuit Court, orotherwise as may be provided by law; andmay hear, and decide questions arising uponhabeas corpus; provided such decision be notagainst the authority, or proceedings of aCourt, or Judge of equal, or higher jurisdic-tion. —

Section 14. Expenses of court in cer-tain counties. The Counties having lessthan ten thousand inhabitants, shall be re-imbursed wholly or in part for the salary,and expenses of the County Court by fees,percentage, & other equitable taxation, of thebusiness done in said Court & in the officeof the County Clerk. [Constitution of 1859;Amendment proposed by S.J.R. 7, 2001, and adopted bythe people Nov. 5, 2002]

Section 15. County clerk; recorder. ACounty Clerk shall be elected in each Countyfor the term of Two years, who shall keep allthe public records, books, and papers of theCounty; record conveyances, and perform theduties of Clerk of the Circuit, and CountyCourts, and such other duties as may beprescribed by law:—But whenever the num-ber of voters in any County shall exceedTwelve Hundred, the Legislative Assemblymay authorize the election of one person asClerk of the Circuit Court, one person as

Clerk of the County Court, and one personRecorder of conveyances. —

Section 16. Sheriff. A sheriff shall beelected in each County for the term of Twoyears, who shall be the ministerial officer ofthe Circuit, and County Courts, and shallperform such other duties as may be pre-scribed by law. —

Section 17. Prosecuting attorneys.There shall be elected by districts comprisedof one, or more counties, a sufficient numberof prosecuting Attorneys, who shall be thelaw officers of the State, and of the countieswithin their respective districts, and shallperform such duties pertaining to the admin-istration of Law, and general police as theLegislative Assembly may direct. —

Section 18. Verdict by Three-fourths Jury inCivil Cases; Jurors; Grand Jurors; Indictment MayBe Amended, When. [Constitution of 1859; Amendmentproposed by initiative petition filed Jan. 30, 1908, andadopted by the people June 1, 1908; Amendment pro-posed by H.J.R. 14, 1927, and adopted by the peopleJune 28, 1927; Repeal proposed by S.J.R. 23, 1957, andadopted by the people Nov. 4, 1958]

Section 19. Official delinquencies. Pub-lic Officers shall not be impeached, but in-competency, corruption, malfeasance, ordelinquency in office may be tried in thesame manner as criminal offences [sic], andjudgment may be given of dismissal from Of-fice, and such further punishment as mayhave been prescribed by law. —

Note: Section 19 is the same as section 6 ofamended Article VII.

Section 20. Removal of Judges of Su-preme Court and prosecuting attorneysfrom office. The Govenor [sic] may removefrom Office a Judge of the Supreme Court,or Prosecuting Attorney upon the Joint res-olution of the Legislative Assembly, in whichTwo Thirds of the members elected to eachhouse shall concur, for incompetency, Cor-ruption, malfeasance, or delinquency in of-fice, or other sufficient cause stated in suchresolution. —

Section 21. Oath of office of SupremeCourt Judges. Every judge of the SupremeCourt before entering upon the duties of hisoffice shall take, subscribe, and transmit tothe Secretary of State the following oath.—I

do solemnly swear (oraffirm) that I will support the Constitutionof the United States, and the constitution ofthe State of Oregon, and that I willfaithfully, and impartially discharge the du-ties of a Judge of the Supreme, and Circuits[sic] Courts of said State according to thebest of my ability, and that I will not acceptany other office, except Judicial offices dur-ing the term for which I have been elected.—


CONSTITUTION OF OREGON Art. VIII§5

ARTICLE VIIIEDUCATION AND SCHOOL LANDS

Sec. 1. Superintendent of Public Instruction2. Common School Fund3. System of common schools4. Distribution of school fund income5. State Land Board; land management7. Prohibition of sale of state timber unless

timber processed in Oregon8. Adequate and Equitable Funding

Section 1. Superintendent of PublicInstruction. The Governor shall be super-intendent of public instruction, and his pow-ers, and duties in that capacity shall be suchas may be prescribed by law; but after theterm of five years from the adoption of thisConstitution, it shall be competent for theLegislative Assembly to provide by law forthe election of a superintendent, to providefor his compensation, and prescribe his pow-ers and duties. —

Section 2. Common School Fund. (1)The sources of the Common School Fund are:

(a) The proceeds of all lands granted tothis state for educational purposes, exceptthe lands granted to aid in the establishmentof institutions of higher education under theActs of February 14, 1859 (11 Stat. 383) andJuly 2, 1862 (12 Stat. 503).

(b) All the moneys and clear proceeds ofall property which may accrue to the stateby escheat.

(c) The proceeds of all gifts, devises andbequests, made by any person to the state forcommon school purposes.

(d) The proceeds of all property grantedto the state, when the purposes of such grantshall not be stated.

(e) The proceeds of the five hundredthousand acres of land to which this state isentitled under the Act of September 4, 1841(5 Stat. 455).

(f) The five percent of the net proceedsof the sales of public lands to which thisstate became entitled on her admission intothe union.

(g) After providing for the cost of admin-istration and any refunds or credits author-ized by law, the proceeds from any tax orexcise levied on, with respect to or measuredby the extraction, production, storage, use,sale, distribution or receipt of oil or naturalgas and the proceeds from any tax or exciselevied on the ownership of oil or natural gas.However, the rate of such taxes shall not begreater than six percent of the market valueof all oil and natural gas produced or sal-vaged from the earth or waters of this stateas and when owned or produced. This para-graph does not include proceeds from any tax

or excise as described in section 3, Article IXof this Constitution.

(2) All revenues derived from the sourcesmentioned in subsection (1) of this sectionshall become a part of the Common SchoolFund. The State Land Board may expendmoneys in the Common School Fund to carryout its powers and duties under subsection(2) of section 5 of this Article. Unexpendedmoneys in the Common School Fund shall beinvested as the Legislative Assembly shallprovide by law and shall not be subject tothe limitations of section 6, Article XI of thisConstitution. The State Land Board may ap-ply, as it considers appropriate, income de-rived from the investment of the CommonSchool Fund to the operating expenses of theState Land Board in exercising its powersand duties under subsection (2) of section 5of this Article. The remainder of the incomederived from the investment of the CommonSchool Fund shall be applied to the supportof primary and secondary education as pre-scribed by law. [Constitution of 1859; Amendmentproposed by H.J.R. 7, 1967, and adopted by the peopleMay 28, 1968; Amendment proposed by H.J.R. 6, 1979,and adopted by the people Nov. 4, 1980; Amendment tosubsection (2) proposed by S.J.R. 1, 1987, and adoptedby the people Nov. 8, 1988; Amendment to paragraph (b)of subsection (1) proposed by H.J.R. 3, 1989, and adoptedby the people June 27, 1989]

Section 3. System of common schools.The Legislative Assembly shall provide bylaw for the establishment of a uniform, andgeneral system of Common schools.

Section 4. Distribution of school fundincome. Provision shall be made by law forthe distribution of the income of the commonschool fund among the several Counties ofthis state in proportion to the number ofchildren resident therein between the ages,four and twenty years. —

Section 5. State Land Board; landmanagement. (1) The Governor, Secretaryof State and State Treasurer shall constitutea State Land Board for the disposition andmanagement of lands described in section 2of this Article, and other lands owned by thisstate that are placed under their jurisdictionby law. Their powers and duties shall beprescribed by law.

(2) The board shall manage lands underits jurisdiction with the object of obtainingthe greatest benefit for the people of thisstate, consistent with the conservation ofthis resource under sound techniques of landmanagement. [Constitution of 1859; Amendmentproposed by H.J.R. 7, 1967, and adopted by the peopleMay 28, 1968]

Section 6. Qualifications of electors at schoolelections. [Created through initiative petition filedJune 25, 1948, and adopted by the people Nov. 2, 1948;Repeal proposed by H.J.R. 4, 2007, and adopted by thepeople Nov. 4, 2008]


Art. VIII§7 CONSTITUTION OF OREGON

Note: The leadline to section 6 was a part of themeasure proposed by initiative petition filed June 25,1948, and adopted by the people Nov. 2, 1948.

Section 7. Prohibition of sale of statetimber unless timber processed in Ore-gon. (1) Notwithstanding subsection (2) ofsection 5 of this Article or any other pro-vision of this Constitution, the State LandBoard shall not authorize the sale or exportof timber from lands described in section 2of this Article unless such timber will beprocessed in Oregon. The limitation on saleor export in this subsection shall not applyto species, grades or quantities of timberwhich may be found by the State Land Boardto be surplus to domestic needs.

(2) Notwithstanding any prior agreementsor other provisions of law or this Constitu-tion, the Legislative Assembly shall not au-thorize the sale or export of timber fromstate lands other than those described insection 2 of this Article unless such timberwill be processed in Oregon. The limitationon sale or export in this subsection shall notapply to species, grades or quantities of tim-ber which may be found by the StateForester to be surplus to domestic needs.

(3) This section first becomes operativewhen federal law is enacted allowing thisstate to exercise such authority or when acourt or the Attorney General of this statedetermines that such authority lawfully maybe exercised. [Created through S.J.R. 8, 1989, andadopted by the people June 27, 1989]

Section 8. Adequate and EquitableFunding. (1) The Legislative Assembly shallappropriate in each biennium a sum ofmoney sufficient to ensure that the state’ssystem of public education meets qualitygoals established by law, and publish a reportthat either demonstrates the appropriation issufficient, or identifies the reasons for theinsufficiency, its extent, and its impact onthe ability of the state’s system of public ed-ucation to meet those goals.

(2) Consistent with such legal obligationas it may have to maintain substantial equityin state funding, the Legislative Assemblyshall establish a system of EqualizationGrants to eligible districts for each year inwhich the voters of such districts approvelocal option taxes as described in Article XI,section 11 (4)(a)(B) of this Constitution. Theamount of such Grants and eligibility criteriashall be determined by the Legislative As-sembly. [Created through initiative petition filed Oct.22, 1999, and adopted by the people Nov. 7, 2000]

Note: Added to Article VIII as unnumbered sectionby initiative petition (Measure No. 1, 2000) adopted bythe people Nov. 7, 2000.

Note: The leadline to section 8 was a part of themeasure submitted to the people by Measure No. 1, 2000.

ARTICLE IXFINANCE

Sec. 1. Assessment and taxation; uniform rules; uni-formity of operation of laws

1a. Poll or head tax; declaration of emergencyin tax laws

1b. Ships exempt from taxation until 19351c. Financing redevelopment and urban renewal

projects2. Legislature to provide revenue to pay cur-

rent state expenses and interest3. Tax imposed only by law; statement of pur-

pose3a. Use of revenue from taxes on motor vehicle

use and fuel; legislative review of allocationof taxes between vehicle classes

3b. Rate of levy on oil or natural gas; exception4. Appropriation necessary for withdrawal from

treasury5. Publication of accounts6. Deficiency of funds; tax levy to pay7. Appropriation laws not to contain provisions

on other subjects8. Stationery for use of state9. Taxation of certain benefits prohibited

10. Retirement plan contributions by govern-mental employees

11. Retirement plan rate of return contractguarantee prohibited

12. Retirement not to be increased by unusedsick leave

13. Retirement plan restriction severability14. Revenue estimate; retention of excess corpo-

rate tax revenue in General Fund for publiceducation funding; return of other excess re-venue to taxpayers; legislative increase inestimate

15. Prohibition on tax, fee or other assessmentupon transfer of interest in real property;exception

Section 1. Assessment and taxation;uniform rules; uniformity of operation oflaws. The Legislative Assembly shall, andthe people through the initiative may, pro-vide by law uniform rules of assessment andtaxation. All taxes shall be levied and col-lected under general laws operating uni-formly throughout the State. [Constitution of1859; Amendment proposed by H.J.R. 16, 1917, andadopted by the people June 4, 1917]

Section 1a. Poll or head tax; declara-tion of emergency in tax laws. No poll orhead tax shall be levied or collected in Ore-gon. The Legislative Assembly shall not de-clare an emergency in any act regulatingtaxation or exemption. [Created through initiativepetition filed June 23, 1910, and adopted by the peopleNov. 8, 1910; Amendment proposed by S.J.R. 10, 1911,and adopted by the people Nov. 5, 1912]

Section 1b. Ships exempt from taxa-tion until 1935. All ships and vessels of fiftytons or more capacity engaged in either pas-senger or freight coasting or foreign trade,whose home ports of registration are in theState of Oregon, shall be and are hereby ex-empted from all taxes of every kind whatso-ever, excepting taxes for State purposes,until the first day of January, 1935. [Created


CONSTITUTION OF OREGON Art. IX§5

through S.J.R. 18, 1915, and adopted by the people Nov.7, 1916]

Section 1c. Financing redevelopmentand urban renewal projects. The Legisla-tive Assembly may provide that the advalorem taxes levied by any taxing unit, inwhich is located all or part of an area in-cluded in a redevelopment or urban renewalproject, may be divided so that the taxeslevied against any increase in the assessedvalue, as defined by law, of property in sucharea obtaining after the effective date of theordinance or resolution approving the rede-velopment or urban renewal plan for sucharea, shall be used to pay any indebtednessincurred for the redevelopment or urban re-newal project. The legislature may enactsuch laws as may be necessary to carry outthe purposes of this section. [Created throughS.J.R. 32, 1959, and adopted by the people Nov. 8, 1960;Amendment proposed by H.J.R. 85, 1997, and adopted bythe people May 20, 1997]

Section 2. Legislature to provide re-venue to pay current state expenses andinterest. The Legislative Assembly shallprovide for raising revenue sufficiently todefray the expenses of the State for each fis-cal year, and also a sufficient sum to pay theinterest on the State debt, if there be any.—

Section 3. Laws imposing taxes; gasoline andmotor vehicle taxes. [Constitution of 1859; Amendmentproposed by S.J.R. 11, 1941, and adopted by the peopleNov. 3, 1942; Repeal proposed by S.J.R. 7, 1979, andadopted by the people May 20, 1980]

Section 3. Tax imposed only by law;statement of purpose. No tax shall belevied except in accordance with law. Everylaw imposing a tax shall state distinctly thepurpose to which the revenue shall be ap-plied. [Created through S.J.R. 7, 1979, and adopted bythe people May 20, 1980 (this section and section 3aadopted in lieu of former section 3 of this Article)]

Section 3a. Use of revenue from taxeson motor vehicle use and fuel; legislativereview of allocation of taxes between ve-hicle classes. (1) Except as provided in sub-section (2) of this section, revenue from thefollowing shall be used exclusively for theconstruction, reconstruction, improvement,repair, maintenance, operation and use ofpublic highways, roads, streets and roadsiderest areas in this state:

(a) Any tax levied on, with respect to, ormeasured by the storage, withdrawal, use,sale, distribution, importation or receipt ofmotor vehicle fuel or any other product usedfor the propulsion of motor vehicles; and

(b) Any tax or excise levied on the own-ership, operation or use of motor vehicles.

(2) Revenues described in subsection (1)of this section:

(a) May also be used for the cost of ad-ministration and any refunds or credits au-thorized by law.

(b) May also be used for the retirementof bonds for which such revenues have beenpledged.

(c) If from levies under paragraph (b) ofsubsection (1) of this section on campers,motor homes, travel trailers, snowmobiles, orlike vehicles, may also be used for the ac-quisition, development, maintenance or careof parks or recreation areas.

(d) If from levies under paragraph (b) ofsubsection (1) of this section on vehicles usedor held out for use for commercial purposes,may also be used for enforcement of com-mercial vehicle weight, size, load, conforma-tion and equipment regulation.

(3) Revenues described in subsection (1)of this section that are generated by taxesor excises imposed by the state shall be gen-erated in a manner that ensures that theshare of revenues paid for the use of lightvehicles, including cars, and the share of re-venues paid for the use of heavy vehicles,including trucks, is fair and proportionate tothe costs incurred for the highway systembecause of each class of vehicle. The Legis-lative Assembly shall provide for a biennialreview and, if necessary, adjustment, of re-venue sources to ensure fairness and propor-tionality. [Created through S.J.R. 7, 1979, andadopted by the people May 20, 1980 (this section andsection 3 adopted in lieu of former section 3 of thisArticle); Amendment proposed by S.J.R. 44, 1999, andadopted by the people Nov. 2, 1999; Amendment pro-posed by S.J.R. 14, 2003, and adopted by the people Nov.2, 2004]

Section 3b. Rate of levy on oil or na-tural gas; exception. Any tax or exciselevied on, with respect to or measured by theextraction, production, storage, use, sale,distribution or receipt of oil or natural gas,or the ownership thereof, shall not be leviedat a rate that is greater than six percent ofthe market value of all oil and natural gasproduced or salvaged from the earth or wa-ters of this state as and when owned orproduced. This section does not apply to anytax or excise the proceeds of which are dedi-cated as described in sections 3 and 3a ofthis Article. [Created through H.J.R. 6, 1979, andadopted by the people Nov. 4, 1980]

Note: Section 3b was designated as “Section 3a”by H.J.R. 6, 1979, and adopted by the people Nov. 4,1980.

Section 4. Appropriation necessary forwithdrawal from treasury. No money shallbe drawn from the treasury, but in pursuanceof appropriations made by law. —

Section 5. Publication of accounts. Anaccurate statement of the receipts, and ex-penditures of the public money shall be pub-


Art. IX§6 CONSTITUTION OF OREGON

lished with the laws of each odd-numberedyear regular session of the Legislative As-sembly. [Constitution of 1859; Amendment proposedby S.J.R. 41, 2010, and adopted by the people Nov. 2,2010]

Section 6. Deficiency of funds; taxlevy to pay. Whenever the expenses, of anyfiscal year, shall exceed the income, theLegislative Assembly shall provide for levy-ing a tax, for the ensuing fiscal year, suffi-cient, with other sources of income, to paythe deficiency, as well as the estimated ex-pense of the ensuing fiscal year. —

Section 7. Appropriation laws not tocontain provisions on other subjects.Laws making appropriations, for the salariesof public officers, and other current expensesof the State, shall contain provisions uponno other subject. —

Section 8. Stationery for use of state.All stationary [sic] required for the use ofthe State shall be furnished by the lowestresponsible bidder, under such regulations asmay be prescribed by law. But no State Offi-cer, or member of the Legislative Assemblyshall be interested in any bid, or contract forfurnishing such stationery. —

Section 9. Taxation of certain benefitsprohibited. Benefits payable under the fed-eral old age and survivors insurance programor benefits under section 3(a), 4(a) or 4(f) ofthe federal Railroad Retirement Act of 1974,as amended, or their successors, shall not beconsidered income for the purposes of anytax levied by the state or by a local govern-ment in this state. Such benefits shall notbe used in computing the tax liability of anyperson under any such tax. Nothing in thissection is intended to affect any benefits towhich the beneficiary would otherwise beentitled. This section applies to tax periodsbeginning on or after January 1, 1986.[Created through H.J.R. 26, 1985, and adopted by thepeople May 20, 1986]

Section 10. Retirement plan contrib-utions by governmental employees. (1)Notwithstanding any existing State or Fed-eral laws, an employee of the State of Ore-gon or any political subdivision of the statewho is a member of a retirement system orplan established by law, charter or ordi-nance, or who will receive a retirement ben-efit from a system or plan offered by thestate or a political subdivision of the state,must contribute to the system or plan anamount equal to six percent of their salaryor gross wage.2. On and after January 1, 1995, the stateand political subdivisions of the state shallnot thereafter contract or otherwise agree tomake any payment or contribution to a re-tirement system or plan that would have the

effect of relieving an employee, regardless ofwhen that employee was employed, of theobligation imposed by subsection (1) of thissection.3. On and after January 1, 1995, the stateand political subdivisions of the state shallnot thereafter contract or otherwise agree toincrease any salary, benefit or other com-pensation payable to an employee for thepurpose of offsetting or compensating an em-ployee for the obligation imposed by subsec-tion (1) of this section. [Created through initiativepetition filed May 10, 1993, and adopted by the peopleNov. 8, 1994]

Section 11. Retirement plan rate ofreturn contract guarantee prohibited. (1)Neither the state nor any political subdivi-sion of the state shall contract to guaranteeany rate of interest or return on the funds ina retirement system or plan established bylaw, charter or ordinance for the benefit ofan employee of the state or a political subdi-vision of the state. [Created through initiative pe-tition filed May 10, 1993, and adopted by the peopleNov. 8, 1994]

Section 12. Retirement not to be in-creased by unused sick leave. (1) Notwith-standing any existing Federal or State law,the retirement benefits of an employee of thestate or any political subdivision of the stateretiring on or after January 1, 1995, shall notin any way be increased as a result of or dueto unused sick leave. [Created through initiativepetition filed May 10, 1993, and adopted by the peopleNov. 8, 1994]

Section 13. Retirement plan re-striction severability. If any part ofSections 10, 11 or 12 of this Article is heldto be unconstitutional under the Federal orState Constitution, the remaining parts shallnot be affected and shall remain in full forceand effect. [Created through initiative petition filedMay 10, 1993, and adopted by the people Nov. 8, 1994]

Section 14. Revenue estimate; re-tention of excess corporate tax revenuein General Fund for public educationfunding; return of other excess revenueto taxpayers; legislative increase in esti-mate. (1) As soon as is practicable after ad-journment sine die of an odd-numbered yearregular session of the Legislative Assembly,the Governor shall cause an estimate to beprepared of revenues that will be received bythe General Fund for the biennium beginningJuly 1. The estimated revenues from corpo-rate income and excise taxes shall be sepa-rately stated from the estimated revenuesfrom other General Fund sources.

(2) As soon as is practicable after the endof the biennium, the Governor shall causeactual collections of revenues received bythe General Fund for that biennium to bedetermined. The revenues received from cor-


CONSTITUTION OF OREGON Art. X§3

porate income and excise taxes shall be de-termined separately from the revenuesreceived from other General Fund sources.

(3) If the revenues received by the Gen-eral Fund from corporate income and excisetaxes during the biennium exceed theamount estimated to be received from corpo-rate income and excise taxes for thebiennium, by two percent or more, the totalamount of the excess shall be retained in theGeneral Fund and used to provide additionalfunding for public education, kindergartenthrough twelfth grade.

(4) If the revenues received from GeneralFund revenue sources, exclusive of those de-scribed in subsection (3) of this section, dur-ing the biennium exceed the amountestimated to be received from such sourcesfor the biennium, by two percent or more,the total amount of the excess shall be re-turned to personal income taxpayers.

(5) The Legislative Assembly may enactlaws:

(a) Establishing a tax credit, refund pay-ment or other mechanism by which the ex-cess revenues are returned to taxpayers, andestablishing administrative procedures con-nected therewith.

(b) Allowing the excess revenues to bereduced by administrative costs associatedwith returning the excess revenues.

(c) Permitting a taxpayer’s share of theexcess revenues not to be returned to thetaxpayer if the taxpayer’s share is less thana de minimis amount identified by the Legis-lative Assembly.

(d) Permitting a taxpayer’s share of ex-cess revenues to be offset by any liability ofthe taxpayer for which the state is author-ized to undertake collection efforts.

(6)(a) Prior to the close of a biennium forwhich an estimate described in subsection (1)of this section has been made, the LegislativeAssembly, by a two-thirds majority vote ofall members elected to each House, may en-act legislation declaring an emergency andincreasing the amount of the estimate pre-pared pursuant to subsection (1) of this sec-tion.

(b) The prohibition against declaring anemergency in an act regulating taxation orexemption in section 1a, Article IX of thisConstitution, does not apply to legislationenacted pursuant to this subsection.

(7) This section does not apply:(a) If, for a biennium or any portion of a

biennium, a state tax is not imposed on ormeasured by the income of individuals.

(b) To revenues derived from any mini-mum tax imposed on corporations for the

privilege of carrying on or doing business inthis state that is imposed as a fixed amountand that is nonapportioned (except forchanges of accounting periods).

(c) To biennia beginning before July 1,2001. [Created through H.J.R. 17, 1999, and adoptedby the people Nov. 7, 2000; Amendment proposed byS.J.R. 41, 2010, and adopted by the people Nov. 2, 2010;Amendment proposed by initiative petition filed Dec. 7,2011, and adopted by the people Nov. 6, 2012]

Section 15. Prohibition on tax, fee orother assessment upon transfer of inter-est in real property; exception. The state,a city, county, district or other political sub-division or municipal corporation of thisstate shall not impose, by ordinance or otherlaw, a tax, fee or other assessment upon thetransfer of any interest in real property, ormeasured by the consideration paid or re-ceived upon the transfer of any interest inreal property. This section does not apply toany tax, fee or other assessment in effect andoperative on December 31, 2009. [Createdthrough initiative petition filed March 4, 2010, andadopted by the people Nov. 6, 2012]

Note: Added to Article IX as unnumbered sectionby initiative petition (Measure No. 79, 2012) adopted bythe people Nov. 6, 2012.

ARTICLE XTHE MILITIA

Sec. 1. State militia2. Persons exempt3. Officers

Section 1. State militia. The LegislativeAssembly shall provide by law for the organ-ization, maintenance and discipline of a statemilitia for the defense and protection of theState. [Constitution of 1859; Amendment proposed byH.J.R. 5, 1961, and adopted by the people Nov. 6, 1962]

Section 2. Persons exempt. Personswhose religious tenets, or conscientiousscruples forbid them to bear arms shall notbe compelled to do so. [Constitution of 1859;Amendment proposed by H.J.R. 5, 1961, and adopted bythe people Nov. 6, 1962]

Section 3. Officers. The Governor, inhis capacity as Commander-in-Chief of themilitary forces of the State, shall appoint andcommission an Adjutant General. All otherofficers of the militia of the State shall beappointed and commissioned by the Governorupon the recommendation of the AdjutantGeneral. [Constitution of 1859; Amendment proposedby H.J.R. 5, 1961, and adopted by the people Nov. 6,1962]

Section 4. Staff officers; commissions.[Constitution of 1859; Repeal proposed by H.J.R. 5, 1961,and adopted by the people Nov. 6, 1962]

Section 5. Legislature to make regulations formilitia. [Constitution of 1859; Repeal proposed byH.J.R. 5, 1961, and adopted by the people Nov. 6, 1962]


Art. X-A§1 CONSTITUTION OF OREGON

Section 6. Continuity of government in eventof enemy attack. [Created through H.J.R. 9, 1959, andadopted by the people Nov. 8, 1960; Repeal proposed byH.J.R. 24, 1975, and adopted by the people Nov. 2, 1976]

ARTICLE X-ACATASTROPHIC DISASTERS

Sec. 1. Definitions; declaration of catastrophic dis-aster; convening of Legislative Assembly

2. Additional powers of Governor; use of Gen-eral Fund moneys and lottery funds

3. Procedural requirements for Legislative As-sembly

4. Additional powers of Legislative Assembly5. Participation in session of Legislative As-

sembly by electronic or other means6. Termination of operation of this Article; ex-

tension by Legislative Assembly; transitionprovisions; limitation on power of Governorto invoke this Article

Section 1. Definitions; declaration ofcatastrophic disaster; convening of Leg-islative Assembly. (1) As used in this Arti-cle, “catastrophic disaster” means a naturalor human-caused event that:

(a) Results in extraordinary levels ofdeath, injury, property damage or disruptionof daily life in this state; and

(b) Severely affects the population, infra-structure, environment, economy or govern-ment functioning of this state.

(2) As used in this Article, “catastrophicdisaster” includes, but is not limited to, anyof the following events if the event meets thecriteria listed in subsection (1) of this sec-tion:

(a) Act of terrorism.(b) Earthquake.(c) Flood.(d) Public health emergency.(e) Tsunami.(f) Volcanic eruption.(g) War.(3) The Governor may invoke the pro-

visions of this Article if the Governor findsand declares that a catastrophic disaster hasoccurred. A finding required by this subsec-tion shall specify the nature of the cat-astrophic disaster.

(4) At the time the Governor invokes theprovisions of this Article under subsection(3) of this section, the Governor shall issuea proclamation convening the LegislativeAssembly under section 12, Article V of thisConstitution, unless:

(a) The Legislative Assembly is in sessionat the time the catastrophic disaster is de-clared; or

(b) The Legislative Assembly is scheduledto convene in regular session within 30 daysafter the date the catastrophic disaster isdeclared.

(5) If the Governor declares that a cat-astrophic disaster has occurred, the Gover-nor shall manage the immediate response tothe disaster. The actions of the LegislativeAssembly under sections 3 and 4 of this Ar-ticle are limited to actions necessary to im-plement the Governor’s immediate responseto the disaster and to actions necessary toaid recovery from the disaster. [Created throughH.J.R. 7, 2011, and adopted by the people Nov. 6, 2012]

Section 2. Additional powers of Gov-ernor; use of General Fund moneys andlottery funds. (1) If the Governor declaresthat a catastrophic disaster has occurred, theGovernor may:

(a) Use moneys appropriated from theGeneral Fund to executive agencies for thecurrent biennium to respond to the cat-astrophic disaster, regardless of thelegislatively expressed purpose of the appro-priation at the time the appropriation wasmade.

(b) Use lottery funds allocated to execu-tive agencies for the current biennium to re-spond to the catastrophic disaster, regardlessof the legislatively expressed purpose of theallocation at the time the allocation wasmade. The Governor may not reallocate lot-tery funds under this paragraph for purposesnot authorized by section 4, Article XV ofthis Constitution.

(2) The authority granted to the Gover-nor by this section terminates upon the tak-ing effect of a law enacted after thedeclaration of a catastrophic disaster thatspecifies purposes for which appropriatedGeneral Fund moneys or allocated lotteryfunds may be used, or upon the date onwhich the provisions of sections 1 to 5 of thisArticle cease to be operative as provided insection 6 of this Article, whichever is sooner.[Created through H.J.R. 7, 2011, and adopted by thepeople Nov. 6, 2012]

Section 3. Procedural requirementsfor Legislative Assembly. If the Governordeclares that a catastrophic disaster has oc-curred:

(1) Notwithstanding sections 10 and 10a,Article IV of this Constitution, the Legisla-tive Assembly may convene in a place otherthan the Capitol of the State if the Governoror the Legislative Assembly determines thatthe Capitol is inaccessible.

(2) Notwithstanding section 12, ArticleIV of this Constitution, during any period oftime when members of the Legislative As-sembly are unable to compel the attendance


CONSTITUTION OF OREGON Art. X-A§6

of two-thirds of the members of each housebecause the catastrophic disaster has madeit impossible to locate members or impossiblefor them to attend, two-thirds of the membersof each house who are able to attend shallconstitute a quorum to do business.

(3) In a session of the Legislative Assem-bly that is called because of the catastrophicdisaster or that was imminent or ongoing atthe time the catastrophic disaster was de-clared, the number of members of each housethat constitutes a quorum under subsection(2) of this section may suspend the rule re-garding reading of bills under the same cir-cumstances and in the same manner thattwo-thirds of the members may suspend therule under section 19, Article IV of thisConstitution.

(4) Notwithstanding section 25, ArticleIV of this Constitution, during any period oftime when members of the Legislative As-sembly are unable to compel the attendanceof two-thirds of the members of each housebecause the catastrophic disaster has madeit impossible to locate members or impossiblefor them to attend, three-fifths of the mem-bers of each house who are able to attend asession described in subsection (3) of thissection shall be necessary to pass every billor joint resolution.

(5) Notwithstanding section 1a, ArticleIX of this Constitution, the Legislative As-sembly may declare an emergency in any billregulating taxation or exemption, includingbut not limited to any bill that decreases orsuspends taxes or postpones the due date oftaxes, if the Legislative Assembly determinesthat the enactment of the bill is necessary toprovide an adequate response to the cat-astrophic disaster. [Created through H.J.R. 7, 2011,and adopted by the people Nov. 6, 2012]

Section 4. Additional powers of Legis-lative Assembly. (1) If the Governor de-clares that a catastrophic disaster hasoccurred:

(a) The Legislative Assembly may enactlaws authorizing the use of revenue de-scribed in section 3a, Article IX of this Con-stitution, for purposes other than thosedescribed in that section.

(b) The Legislative Assembly may, by avote of the number of members of each housethat constitutes a quorum under subsection(2) of section 3 of this Article, appropriatemoneys that would otherwise be returned totaxpayers under section 14, Article IX of thisConstitution, to state agencies for the pur-pose of responding to the catastrophic disas-ter.

(c) Notwithstanding section 7, Article XIof this Constitution, the Legislative Assem-

bly may lend the credit of the state or createdebts or liabilities in an amount the Legisla-tive Assembly considers necessary to providean adequate response to the catastrophicdisaster.

(d) The provisions of section 15, ArticleXI of this Constitution, do not apply to anylaw that is approved by three-fifths of themembers of each house who are able to at-tend a session described in subsection (3) ofsection 3 of this Article.

(e) The Legislative Assembly may takeaction described in subsection (6) of section15, Article XI of this Constitution, upon ap-proval by three-fifths of the members of eachhouse who are able to attend a session de-scribed in subsection (3) of section 3 of thisArticle.

(f) Notwithstanding section 4, Article XVof this Constitution, the Legislative Assem-bly may allocate proceeds from the StateLottery for any purpose and in any ratio theLegislative Assembly determines necessaryto provide an adequate response to the cat-astrophic disaster.

(2) Nothing in this section overrides orotherwise affects the provisions of section15b, Article V of this Constitution. [Createdthrough H.J.R. 7, 2011, and adopted by the people Nov.6, 2012]

Section 5. Participation in session ofLegislative Assembly by electronic orother means. For purposes of sections 3 and4 of this Article, a member of the LegislativeAssembly who cannot be physically presentat a session convened under section 1 of thisArticle shall be considered in attendance ifthe member is able to participate in the ses-sion through electronic or other means thatenable the member to hear or read the pro-ceedings as the proceedings are occurringand enable others to hear or read themember’s votes or other contributions as thevotes or other contributions are occurring.[Created through H.J.R. 7, 2011, and adopted by thepeople Nov. 6, 2012]

Section 6. Termination of operationof this Article; extension by LegislativeAssembly; transition provisions; limita-tion on power of Governor to invoke thisArticle. (1) Except as provided in subsection(2) of this section, the provisions of sections1 to 5 of this Article, once invoked, shallcease to be operative not later than 30 daysfollowing the date the Governor invoked theprovisions of sections 1 to 5 of this Article,or on an earlier date recommended by theGovernor and determined by the LegislativeAssembly. The Governor may not recommenda date under this subsection unless the Gov-ernor finds and declares that the immediate


Art. XI§1 CONSTITUTION OF OREGON

response to the catastrophic disaster hasended.

(2) Prior to expiration of the 30-day limitestablished in subsection (1) of this section,the Legislative Assembly may extend the op-eration of sections 1 to 5 of this Article be-yond the 30-day limit upon the approval ofthree-fifths of the members of each housewho are able to attend a session described insubsection (3) of section 3 of this Article.

(3) The determination by the LegislativeAssembly required by subsection (1) of thissection or an extension described in subsec-tion (2) of this section shall take the form ofa bill. A bill that extends the operation ofsections 1 to 5 of this Article shall establisha date upon which the provisions of sections1 to 5 of this Article shall cease to be oper-ative. A bill described in this subsectionshall be presented to the Governor for actionin accordance with section 15b, Article V ofthis Constitution.

(4) A bill described in subsection (3) ofthis section may include any provisions theLegislative Assembly considers necessary toprovide an orderly transition to compliancewith the requirements of this Constitutionthat have been overridden under this Articlebecause of the Governor’s declaration of acatastrophic disaster.

(5) The Governor may not invoke theprovisions of sections 1 to 5 of this Articlemore than one time with respect to the samecatastrophic disaster. A determination undersubsection (1) of this section or an extensiondescribed in subsection (2) of this sectionthat establishes a date upon which the pro-visions of sections 1 to 5 of this Article shallcease to be operative does not prevent in-voking the provisions of sections 1 to 5 ofthis Article in response to a new declarationby the Governor that a different catastrophicdisaster has occurred. [Created through H.J.R. 7,2011, and adopted by the people Nov. 6, 2012]

ARTICLE XICORPORATIONS AND INTERNAL

IMPROVEMENTS

Sec. 1. Prohibition of state banks2. Formation of corporations; municipal char-

ters; intoxicating liquor regulation2a. Merger of adjoining municipalities; county-

city consolidation3. Liability of stockholders4. Compensation for property taken by corpo-

ration5. Restriction of municipal powers in Acts of

incorporation6. State not to be stockholder in company; ex-

ceptions; inapplicability to public universi-ties

7. Credit of State Not to Be Loaned; LimitationUpon Power of Contracting Debts

8. State not to assume debts of counties, townsor other corporations

9. Limitations on powers of county or city toassist corporations

10. County debt limitation11. Property tax limitations on assessed value

and rate of tax; exceptions11b. Property tax categories; limitation on cate-

gories; exceptions 11c. Limits in addition to other tax limits

11d. Effect of section 11b on exemptions and as-sessments

11e. Severability of sections 11b, 11c and 11d11k. Limitation on applicability of section 11 (8)

voting requirements to elections on measuresheld in May or November of any year

11L. Limitation on applicability of sections 11 and11b on bonded indebtedness to finance capi-tal costs

12. People’s utility districts13. Interests of employes when operation of

transportation system assumed by publicbody

14. Metropolitan service district charter15. Funding of programs imposed upon local

governments; exceptions

Section 1. Prohibition of state banks.The Legislative Assembly shall not have thepower to establish, or incorporate any bankor banking company, or monied [sic] institu-tion whatever; nor shall any bank company,or instition [sic] exist in the State, with theprivilege of making, issuing, or putting incirculation, any bill, check, certificate,prommisory [sic] note, or other paper, or thepaper of any bank company, or person, tocirculate as money. —

Note: The semicolon appearing in the signed Con-stitution after the word “whatever” in section 1 was notin the original draft reported to and adopted by theconvention and is not part of the Constitution. State v.H.S. & L.A., 8 Or. 396, 401 (1880).

Section 2. Formation of corporations;municipal charters; intoxicating liquorregulation. Corporations may be formed un-der general laws, but shall not be created bythe Legislative Assembly by special laws.The Legislative Assembly shall not enact,amend or repeal any charter or act of incor-poration for any municipality, city or town.The legal voters of every city and town arehereby granted power to enact and amendtheir municipal charter, subject to the Con-stitution and criminal laws of the State ofOregon, and the exclusive power to license,regulate, control, or to suppress or prohibit,the sale of intoxicating liquors therein isvested in such municipality; but such munic-ipality shall within its limits be subject tothe provisions of the local option law of theState of Oregon. [Constitution of 1859; Amendmentproposed by initiative petition filed Dec.13, 1905, andadopted by the people June 4, 1906; Amendment pro-posed by initiative petition filed June 23, 1910, andadopted by the people Nov. 8, 1910]


CONSTITUTION OF OREGON Art. XI§7

Section 2a. Merger of adjoining mu-nicipalities; county-city consolidation. (1)The Legislative Assembly, or the people bythe Initiative, may enact a general law pro-viding a method whereby an incorporatedcity or town or municipal corporation maysurrender its charter and be merged into anadjoining city or town, provided a majorityof the electors of each of the incorporatedcities or towns or municipal corporations af-fected authorize the surrender or merger, asthe case may be.

(2) In all counties having a city thereincontaining over 300,000 inhabitants, thecounty and city government thereof may beconsolidated in such manner as may be pro-vided by law with one set of officers. Theconsolidated county and city may be incor-porated under general laws providing for in-corporation for municipal purposes. Theprovisions of this Constitution applicable tocities, and also those applicable to counties,so far as not inconsistent or prohibited tocities, shall be applicable to such consol-idated government. [Created through H.J.R. 10,1913, and adopted by the people Nov. 3, 1914; Amend-ment proposed by S.J.R. 29, 1967, and adopted by thepeople Nov. 5, 1968]

Section 3. Liability of stockholders.The stockholders of all corporations andjoint stock companies shall be liable for theindebtedness of said corporation to theamount of their stock subscribed and unpaidand no more, excepting that the stockholdersof corporations or joint stock companiesconducting the business of banking shall beindividually liable equally and ratably andnot one for another, for the benefit of thedepositors of said bank, to the amount oftheir stock, at the par value thereof, in ad-dition to the par value of such shares, unlesssuch banking corporation shall have providedsecurity through membership in the federaldeposit insurance corporation or other in-strumentality of the United States or other-wise for the benefit of the depositors of saidbank equivalent in amount to such doubleliability of said stockholders. [Constitution of1859; Amendment proposed by S.J.R. 13, 1911, andadopted by the people Nov. 5, 1912; Amendment pro-posed by H.J.R. 2, 1943, and adopted by the people Nov.7, 1944]

Section 4. Compensation for propertytaken by corporation. No person’s propertyshall be taken by any corporation under au-thority of law, without compensation beingfirst made, or secured in such manner asmay be prescribed by law.

Section 5. Restriction of municipalpowers in Acts of incorporation. Acts ofthe Legislative Assembly, incorporatingtowns, and cities, shall restrict their powers

of taxation, borrowing money, contractingdebts, and loaning their credit. —

Section 6. State not to be stockholderin company; exceptions; inapplicability topublic universities. (1) Except as providedin subsection (3) of this section, the stateshall not subscribe to, or be interested in thestock of any company, association or corpo-ration. However, as provided by law the statemay hold and dispose of stock, includingstock already received, that is donated orbequeathed; and may invest, in the stock ofany company, association or corporation, anyfunds or moneys that:

(a) Are donated or bequeathed for highereducation purposes;

(b) Are the proceeds from the dispositionof stock that is donated or bequeathed forhigher education purposes, including stockalready received; or

(c) Are dividends paid with respect tostock that is donated or bequeathed forhigher education purposes, including stockalready received.

(2) Notwithstanding the limits containedin subsection (1) of this section, the statemay hold and dispose of stock:

(a) Received in exchange for technologycreated in whole or in part by a public insti-tution of post-secondary education; or

(b) Received prior to December 5, 2002,as a state asset invested in the creation ordevelopment of technology or resourceswithin Oregon.

(3) Subsections (1) and (2) of this sectiondo not apply to public universities.[Constitution of 1859; Amendment proposed by H.J.R. 11,1955, and adopted by the people Nov. 6, 1956; Amend-ment proposed by H.J.R. 27, 1969, and adopted by thepeople Nov. 3, 1970; Amendment proposed by S.J.R. 17,2001, and adopted by the people May 21, 2002; Amend-ment proposed by H.J.R. 203, 2016, and adopted by thepeople Nov. 8, 2016]

Note: H.J.R. 203, 2016, adopted by the people Nov.8, 2016, did not properly indicate that the initial “the”should be printed lowercase.

Section 7. Credit of State Not to BeLoaned; Limitation Upon Power of Con-tracting Debts. The Legislative Assemblyshall not lend the credit of the state nor inany manner create any debt or liabilitieswhich shall singly or in the aggregate withprevious debts or liabilities exceed the sumof fifty thousand dollars, except in case ofwar or to repel invasion or suppress insur-rection or to build and maintain permanentroads; and the Legislative Assembly shall notlend the credit of the state nor in any man-ner create any debts or liabilities to buildand maintain permanent roads which shallsingly or in the aggregate with previousdebts or liabilities incurred for that purpose



exceed one percent of the true cash value ofall the property of the state taxed on an advalorem basis; and every contract of indebt-edness entered into or assumed by or on be-half of the state in violation of the provisionsof this section shall be void and of no effect.This section does not apply to any agreemententered into pursuant to law by the state orany agency thereof for the lease of realproperty to the state or agency for any pe-riod not exceeding 20 years and for a publicpurpose. [Constitution of 1859; Amendment proposedby initiative petition filed July 2, 1912, and adopted bythe people Nov. 5, 1912; Amendment proposed by H.J.R.11, 1920 (s.s.), and adopted by the people May 21, 1920;Amendment proposed by S.J.R. 4, 1961, and adopted bythe people Nov. 6, 1962; Amendment proposed by S.J.R.19, 1963, and adopted by the people Nov. 3, 1964]

Note: The leadline to section 7 was a part of themeasure submitted to the people by H.J.R. 11, 1920 (s.s.).

Section 8. State not to assume debtsof counties, towns or other corporations.The State shall never assume the debts ofany county, town, or other corporationwhatever, unless such debts, shall have beencreated to repel invasion, suppress insurrec-tion, or defend the State in war. —

Section 9. Limitations on powers ofcounty or city to assist corporations. (1)No county, city, town or other municipalcorporation, by vote of its citizens, or other-wise, shall become a stockholder in any jointcompany, corporation or association, what-ever, or raise money for, or loan its credit to,or in aid of, any such company, corporationor association.

(2) Notwithstanding subsection (1) of thissection, any municipal corporation desig-nated as a port under any general or speciallaw of the state of Oregon may be em-powered by statute to raise money and ex-pend the same in the form of a bonus to aidin establishing water transportation lines be-tween such port and any other domestic orforeign port or ports, and to aid in establish-ing water transportation lines on the interiorrivers of this state, or on the rivers betweenWashington and Oregon, or on the rivers ofWashington and Idaho reached by navigationfrom Oregon’s rivers. Any debts of a munic-ipality to raise money created for the afore-said purpose shall be incurred only onapproval of a majority of those voting on thequestion, and shall not, either singly or inthe aggregate, with previous debts and li-abilities incurred for that purpose, exceedone percent of the assessed valuation of allproperty in the municipality.

(3) The prohibitions and limitations setforth in subsection (1) of this section do notapply to the use by a county, city, town orother municipal corporation of bonded in-debtedness that is payable from ad valorem

taxes not subject to limitation under section11 or 11b of this Article to finance capitalcosts of affordable housing, but only if:

(a) The bonded indebtedness is approvedby the majority of voters voting on themeasure authorizing the bonded indebtednessat an election that meets the requirementsof subsection (8) of section 11 of this Article,as modified by section 11k of this Article;

(b) The measure authorizing the bondedindebtedness describes “affordable housing”for purposes of the measure;

(c) The jurisdiction authorizing thebonded indebtedness provides for annual au-dits of and public reporting on the expendi-ture of proceeds of the bonded indebtedness;and

(d) The principal amount of thejurisdiction’s bonded indebtedness outstand-ing for such purpose does not exceed one-halfof one percent of the real market value of allproperty in the jurisdiction. [Constitution of1859; Amendment proposed by S.J.R. 13, 1917, andadopted by the people June 4, 1917; Amendment pro-posed by H.J.R. 201, 2018, and adopted by the peopleNov. 6, 2018]

Section 10. County debt limitation. Nocounty shall create any debt or liabilitieswhich shall singly or in the aggregate, withprevious debts or liabilities, exceed the sumof $5,000; provided, however, counties mayincur bonded indebtedness in excess of such$5,000 limitation to carry out purposes au-thorized by statute, such bonded indebted-ness not to exceed limits fixed by statute.[Constitution of 1859; Amendment proposed by initiativepetition filed July 7, 1910, and adopted by the peopleNov. 8, 1910; Amendment proposed by initiative petitionfiled July 2, 1912, and adopted by the people Nov. 5,1912; Amendment proposed by S.J.R. 11, 1919, andadopted by the people June 3, 1919; Amendment pro-posed by H.J.R. 7, 1920 (s.s.), and adopted by the peopleMay 21, 1920; Amendment proposed by S.J.R. 1, 1921(s.s.), and adopted by the people Nov. 7, 1922; Amend-ment proposed by S.J.R. 5, 1921 (s.s.), and adopted bythe people Nov. 7, 1922; Amendment proposed by H.J.R.3, 1925, and adopted by the people Nov. 2, 1926;Amendment proposed by S.J.R. 18, 1925, and adopted bythe people Nov. 2, 1926; Amendment proposed by H.J.R.19, 1925, and adopted by the people Nov. 2, 1926;Amendment proposed by H.J.R. 21, 1957, and adopted bythe people Nov. 4, 1958]

Section 11. Tax and indebtedness limitation.[Created through initiative petition filed July 6, 1916,and adopted by the people Nov. 7, 1916; Amendmentproposed by H.J.R. 9, 1931, and adopted by the peopleNov. 8, 1932; Amendment proposed by H.J.R. 9, 1951, andadopted by the people Nov. 4, 1952; Repeal proposed byS.J.R. 33, 1961, and adopted by the people Nov. 6, 1962(second section 11 of this Article adopted in lieu of thissection)]

Section 11. Tax base limitation. [Created throughS.J.R. 33, 1961, and adopted by the people Nov. 6, 1962(this section adopted in lieu of first section 11 of thisArticle); Amendment proposed by H.J.R. 28, 1985, andadopted by the people May 20, 1986; Repeal proposedby H.J.R. 85, 1997, and adopted by the people May 20,1997 (present section 11 of this Article adopted in lieu



of this section and sections 11a, 11f, 11g, 11h, 11i and11j of this Article)]

Section 11. Property tax limitationson assessed value and rate of tax; excep-tions. (1)(a) For the tax year beginning July1, 1997, each unit of property in this stateshall have a maximum assessed value for advalorem property tax purposes that does notexceed the property’s real market value forthe tax year beginning July 1, 1995, reducedby 10 percent.

(b) For tax years beginning after July 1,1997, the property’s maximum assessed valueshall not increase by more than three per-cent from the previous tax year.

(c) Notwithstanding paragraph (a) or (b)of this subsection, property shall be valuedat the ratio of average maximum assessedvalue to average real market value of prop-erty located in the area in which the prop-erty is located that is within the sameproperty class, if on or after July 1, 1995:

(A) The property is new property or newimprovements to property;

(B) The property is partitioned or subdi-vided;

(C) The property is rezoned and usedconsistently with the rezoning;

(D) The property is first taken into ac-count as omitted property;

(E) The property becomes disqualifiedfrom exemption, partial exemption or specialassessment; or

(F) A lot line adjustment is made withrespect to the property, except that the totalassessed value of all property affected by alot line adjustment shall not exceed the totalmaximum assessed value of the affectedproperty under paragraph (a) or (b) of thissubsection.

(d) Property shall be valued under para-graph (c) of this subsection only for the firsttax year in which the changes described inparagraph (c) of this subsection are takeninto account following the effective date ofthis section. For each tax year thereafter,the limits described in paragraph (b) of thissubsection apply.

(e) The Legislative Assembly shall enactlaws that establish property classes andareas sufficient to make a determination un-der paragraph (c) of this subsection.

(f) Each property’s assessed value shallnot exceed the property’s real market value.

(g) There shall not be a reappraisal of thereal market value used in the tax year be-ginning July 1, 1995, for purposes of deter-mining the property’s maximum assessedvalue under paragraph (a) of this subsection.

(2) The maximum assessed value of prop-erty that is assessed under a partial ex-emption or special assessment law shall bedetermined by applying the percentage re-duction of paragraph (a) and the limit ofparagraph (b) of subsection (1) of this sec-tion, or if newly eligible for partial ex-emption or special assessment, using a ratiodeveloped in a manner consistent with para-graph (c) of subsection (1) of this section tothe property’s partially exempt or speciallyassessed value in the manner provided bylaw. After disqualification from partial ex-emption or special assessment, any additionaltaxes authorized by law may be imposed, butin the aggregate may not exceed the amountthat would have been imposed under thissection had the property not been partiallyexempt or specially assessed for the years forwhich the additional taxes are being col-lected.

(3)(a)(A) The Legislative Assembly shallenact laws to reduce the amount of advalorem property taxes imposed by local tax-ing districts in this state so that the total ofall ad valorem property taxes imposed in thisstate for the tax year beginning July 1, 1997,is reduced by 17 percent from the total of allad valorem property taxes that would havebeen imposed under repealed sections 11 and11a of this Article (1995 Edition) and section11b of this Article but not taking into ac-count Ballot Measure 47 (1996), for the taxyear beginning July 1, 1997.

(B) The ad valorem property taxes to bereduced under subparagraph (A) of this par-agraph are those taxes that would have beenimposed under repealed sections 11 or 11a ofthis Article (1995 Edition) or section 11b ofthis Article, as modified by subsection (11)of this section, other than taxes described insubsection (4), (5), (6) or (7) of this section,taxes imposed to pay bonded indebtednessdescribed in section 11b of this Article, asmodified by paragraph (d) of subsection (11)of this section, or taxes described in section1c, Article IX of this Constitution.

(C) It shall be the policy of this state todistribute the reductions caused by this par-agraph so as to reflect:

(i) The lesser of ad valorem propertytaxes imposed for the tax year beginningJuly 1, 1995, reduced by 10 percent, or advalorem property taxes imposed for the taxyear beginning July 1, 1994;

(ii) Growth in new value under subpara-graph (A), (B), (C), (D) or (E) of paragraph (c)of subsection (1) of this section, as added tothe assessment and tax rolls for the tax yearbeginning July 1, 1996, or July 1, 1997 (or, ifapplicable, for the tax year beginning July1, 1995); and



(iii) Ad valorem property taxes author-ized by voters to be imposed in tax years be-ginning on or after July 1, 1996, and imposedaccording to that authority for the tax yearbeginning July 1, 1997.

(D) It shall be the policy of this state andthe local taxing districts of this state to pri-oritize public safety and public education inresponding to the reductions caused by thisparagraph while minimizing the loss ofdecision-making control of local taxing dis-tricts.

(E) If the total value for the tax year be-ginning July 1, 1997, of additions of valuedescribed in subparagraph (A), (B), (C), (D)or (E) of paragraph (c) of subsection (1) ofthis section that are added to the assessmentand tax rolls for the tax year beginning July1, 1996, or July 1, 1997, exceeds four percentof the total assessed value of property state-wide for the tax year beginning July 1, 1997(before taking into account the additions ofvalue described in subparagraph (A), (B), (C),(D) or (E) of paragraph (c) of subsection (1)of this section), then any ad valorem prop-erty taxes attributable to the excess abovefour percent shall reduce the dollar amountof the reduction described in subparagraph(A) of this paragraph.

(b) For the tax year beginning July 1,1997, the ad valorem property taxes thatwere reduced under paragraph (a) of thissubsection shall be imposed on the assessedvalue of property in a local taxing district asprovided by law, and the rate of the advalorem property taxes imposed under thisparagraph shall be the local taxing district’spermanent limit on the rate of ad valoremproperty taxes imposed by the district for taxyears beginning after July 1, 1997, except asprovided in subsection (5) of this section.

(c)(A) A local taxing district that has notpreviously imposed ad valorem property taxesand that seeks to impose ad valorem propertytaxes shall establish a limit on the rate of advalorem property tax to be imposed by thedistrict. The rate limit established under thissubparagraph shall be approved by a majorityof voters voting on the question. The ratelimit approved under this subparagraph shallserve as the district’s permanent rate limitunder paragraph (b) of this subsection.

(B) The voter participation requirementsdescribed in subsection (8) of this sectionapply to an election under this paragraph.

(d) If two or more local taxing districtsseek to consolidate or merge, the limit onthe rate of ad valorem property tax to beimposed by the consolidated or merged dis-trict shall be the rate that would produce thesame tax revenue as the local taxing districts

would have cumulatively produced in theyear of consolidation or merger, if the con-solidation or merger had not occurred.

(e)(A) If a local taxing district divides,the limit on the rate of ad valorem propertytax to be imposed by each local taxing dis-trict after division shall be the same as thelocal taxing district’s rate limit under para-graph (b) of this subsection prior to division.

(B) Notwithstanding subparagraph (A) ofthis paragraph, the limit determined underthis paragraph shall not be greater than therate that would have produced the sameamount of ad valorem property tax revenuein the year of division, had the division notoccurred.

(f) Rates of ad valorem property tax es-tablished under this subsection may be car-ried to a number of decimal places providedby law and rounded as provided by law.

(g) Urban renewal levies described in thissubsection shall be imposed as provided insubsections (15) and (16) of this section andmay not be imposed under this subsection.

(h) Ad valorem property taxes describedin this subsection shall be subject to thelimitations described in section 11b of thisArticle, as modified by subsection (11) of thissection.

(4)(a)(A) A local taxing district otherthan a school district may impose a localoption ad valorem property tax that exceedsthe limitations imposed under this section bysubmitting the question of the levy to votersin the local taxing district and obtaining theapproval of a majority of the voters votingon the question.

(B) The Legislative Assembly may enactlaws permitting a school district to impose alocal option ad valorem property tax as oth-erwise provided under this subsection.

(b) A levy imposed pursuant to legislationenacted under this subsection may be im-posed for no more than five years, exceptthat a levy for a capital project may be im-posed for no more than the lesser of the ex-pected useful life of the capital project or 10years.

(c) The voter participation requirementsdescribed in subsection (8) of this sectionapply to an election held under this subsec-tion.

(5)(a) Any portion of a local taxing dis-trict levy shall not be subject to reductionand limitation under paragraphs (a) and (b)of subsection (3) of this section if that por-tion of the levy is used to repay:

(A) Principal and interest for any bondissued before December 5, 1996, and securedby a pledge or explicit commitment of ad



valorem property taxes or a covenant to levyor collect ad valorem property taxes;

(B) Principal and interest for any otherformal, written borrowing of moneys exe-cuted before December 5, 1996, for which advalorem property tax revenues have beenpledged or explicitly committed, or that aresecured by a covenant to levy or collect advalorem property taxes;

(C) Principal and interest for any bondissued to refund an obligation described insubparagraph (A) or (B) of this paragraph; or

(D) Local government pension and disa-bility plan obligations that commit advalorem property taxes and to ad valoremproperty taxes imposed to fulfill those obli-gations.

(b)(A) A levy described in this subsectionshall be imposed on assessed value as other-wise provided by law in an amount sufficientto repay the debt described in this subsec-tion. Ad valorem property taxes may not beimposed under this subsection that repay thedebt at an earlier date or on a differentschedule than established in the agreementcreating the debt.

(B) A levy described in this subsectionshall be subject to the limitations imposedunder section 11b of this Article, as modifiedby subsection (11) of this section.

(c)(A) As used in this subsection, “localgovernment pension and disability plan obli-gations that commit ad valorem propertytaxes” is limited to contractual obligationsfor which the levy of ad valorem propertytaxes has been committed by a local govern-ment charter provision that was in effect onDecember 5, 1996, and, if in effect on De-cember 5, 1996, as amended thereafter.

(B) The rates of ad valorem propertytaxes described in this paragraph may be ad-justed so that the maximum allowable rateis capable of raising the revenue that thelevy would have been authorized to raise ifapplied to property valued at real marketvalue.

(C) Notwithstanding subparagraph (B) ofthis paragraph, ad valorem property taxesdescribed in this paragraph shall be takeninto account for purposes of the limitationsin section 11b of this Article, as modified bysubsection (11) of this section.

(D) If any proposed amendment to acharter described in subparagraph (A) of thisparagraph permits the ad valorem propertytax levy for local government pension anddisability plan obligations to be increased,the amendment must be approved by votersin an election. The voter participation re-quirements described in subsection (8) of thissection apply to an election under this sub-

paragraph. No amendment to any charterdescribed in this paragraph may cause advalorem property taxes to exceed the limita-tions of section 11b of this Article, asamended by subsection (11) of this section.

(d) If the levy described in this subsec-tion was a tax base or other permanent con-tinuing levy, other than a levy imposed forthe purpose described in subparagraph (D) ofparagraph (a) of this subsection, prior to theeffective date of this section, for the tax yearfollowing the repayment of debt described inthis subsection the local taxing district’s rateof ad valorem property tax established underparagraph (b) of subsection (3) of this sectionshall be increased to the rate that wouldhave been in effect had the levy not beenexcepted from the reduction described insubsection (3) of this section. No adjustmentshall be made to the rate of ad valoremproperty tax of local taxing districts otherthan the district imposing a levy under thissubsection.

(e) If this subsection would apply to alevy described in paragraph (d) of this sub-section, the local taxing district imposing thelevy may elect out of the provisions of thissubsection. The levy of a local taxing districtmaking the election shall be included in thereduction and ad valorem property tax ratedetermination described in subsection (3) ofthis section.

(6)(a) The ad valorem property tax of alocal taxing district, other than a city,county or school district, that is used tosupport a hospital facility shall not be sub-ject to the reduction described in paragraph(a) of subsection (3) of this section. The en-tire ad valorem property tax imposed underthis subsection for the tax year beginningJuly 1, 1997, shall be the local taxingdistrict’s permanent limit on the rate of advalorem property taxes imposed by the dis-trict under paragraph (b) of subsection (3) ofthis section.

(b) Ad valorem property taxes describedin this subsection shall be subject to thelimitations imposed under section 11b of thisArticle, as modified by subsection (11) of thissection.

(7) Notwithstanding any other existing orformer provision of this Constitution, thefollowing are validated, ratified, approvedand confirmed:

(a) Any levy of ad valorem property taxesapproved by a majority of voters voting onthe question in an election held before De-cember 5, 1996, if the election met the voterparticipation requirements described in sub-section (8) of this section and the ad valoremproperty taxes were first imposed for the taxyear beginning July 1, 1996, or July 1, 1997.



A levy described in this paragraph shall notbe subject to reduction under paragraph (a)of subsection (3) of this section but shall betaken into account in determining the localtaxing district’s permanent rate of advalorem property tax under paragraph (b) ofsubsection (3) this section. This paragraphdoes not apply to levies described in subsec-tion (5) of this section or to levies to paybonded indebtedness described in section 11bof this Article, as modified by subsection (11)of this section.

(b) Any serial or one-year levy to replacean existing serial or one-year levy approvedby a majority of the voters voting on thequestion at an election held after December4, 1996, and to be first imposed for the taxyear beginning July 1, 1997, if the rate or theamount of the levy approved is not greaterthan the rate or the amount of the levy re-placed.

(c) Any levy of ad valorem property taxesapproved by a majority of voters voting onthe question in an election held on or afterDecember 5, 1996, and before the effectivedate of this section if the election met thevoter participation requirements described insubsection (8) of this section and the advalorem property taxes were first imposed forthe tax year beginning July 1, 1997. A levydescribed in this paragraph shall be treatedas a local option ad valorem property taxunder subsection (4) of this section. Thisparagraph does not apply to levies describedin subsection (5) of this section or to leviesto pay bonded indebtedness described in sec-tion 11b of this Article, as modified by sub-section (11) of this section.

(8) An election described in subsection(3), (4), (5)(c)(D), (7)(a) or (c) or (11) of thissection shall authorize the matter uponwhich the election is being held only if:

(a) At least 50 percent of registered vot-ers eligible to vote in the election cast aballot; or

(b) The election is a general election inan even-numbered year.

(9) The Legislative Assembly shall re-place, from the state’s General Fund, re-venue lost by the public school systembecause of the limitations of this section.The amount of the replacement revenue shallnot be less than the total replaced in fiscalyear 1997-1998.

(10)(a) As used in this section:(A) “Improvements” includes new con-

struction, reconstruction, major additions,remodeling, renovation and rehabilitation,including installation, but does not includeminor construction or ongoing maintenanceand repair.

(B) “Ad valorem property tax” does notinclude taxes imposed to pay principal andinterest on bonded indebtedness described inparagraph (d) of subsection (11) of this sec-tion.

(b) In calculating the addition to valuefor new property and improvements, theamount added shall be net of the value ofretired property.

(11) For purposes of this section and forpurposes of implementing the limits in sec-tion 11b of this Article in tax years begin-ning on or after July 1, 1997:

(a)(A) The real market value of propertyshall be the amount in cash that could rea-sonably be expected to be paid by an in-formed buyer to an informed seller, eachacting without compulsion in an arm’s lengthtransaction occurring as of the assessmentdate for the tax year, as established by law.

(B) The Legislative Assembly shall enactlaws to adjust the real market value ofproperty to reflect a substantial casualty lossof value after the assessment date.

(b) The $5 (public school system) and $10(other government) limits on property taxesper $1,000 of real market value described insubsection (1) of section 11b of this Articleshall be determined on the basis of propertytaxes imposed in each geographic area taxedby the same local taxing districts.

(c)(A) All property taxes described in thissection are subject to the limits described inparagraph (b) of this subsection, except fortaxes described in paragraph (d) of this sub-section.

(B) If property taxes exceed the limita-tions imposed under either category of localtaxing district under paragraph (b) of thissubsection:

(i) Any local option ad valorem propertytaxes imposed under this subsection shall beproportionally reduced by those local taxingdistricts within the category that is imposinglocal option ad valorem property taxes; and

(ii) After local option ad valorem prop-erty taxes have been eliminated, all other advalorem property taxes shall be propor-tionally reduced by those taxing districtswithin the category, until the limits are nolonger exceeded.

(C) The percentages used to make theproportional reductions under subparagraph(B) of this paragraph shall be calculated sep-arately for each category.

(d) Bonded indebtedness, the taxes ofwhich are not subject to limitation underthis section or section 11b of this Article,consists of:



(A) Bonded indebtedness authorized by aprovision of this Constitution;

(B) Bonded indebtedness issued on or be-fore November 6, 1990; or

(C) Bonded indebtedness:(i) Incurred for capital construction or

capital improvements; and(ii)(I) If issued after November 6, 1990,

and approved prior to December 5, 1996, theissuance of which has been approved by amajority of voters voting on the question; or

(II) If approved by voters after December5, 1996, the issuance of which has been ap-proved by a majority of voters voting on thequestion in an election that is in compliancewith the voter participation requirements insubsection (8) of this section.

(12) Bonded indebtedness described insubsection (11) of this section includesbonded indebtedness issued to refund bondedindebtedness described in subsection (11) ofthis section.

(13) As used in subsection (11) of thissection, with respect to bonded indebtednessissued on or after December 5, 1996, “capitalconstruction” and “capital improvements”:

(a) Include public safety and law en-forcement vehicles with a projected usefullife of five years or more; and

(b) Do not include:(A) Maintenance and repairs, the need

for which could reasonably be anticipated.(B) Supplies and equipment that are not

intrinsic to the structure.(14) Ad valorem property taxes imposed

to pay principal and interest on bonded in-debtedness described in section 11b of thisArticle, as modified by subsection (11) of thissection, shall be imposed on the assessedvalue of the property determined under thissection or, in the case of specially assessedproperty, as otherwise provided by law or aslimited by this section, whichever is applica-ble.

(15) If ad valorem property taxes are di-vided as provided in section 1c, Article IX ofthis Constitution, in order to fund a redevel-opment or urban renewal project, then not-withstanding subsection (1) of this section,the ad valorem property taxes levied againstthe increase shall be used exclusively to payany indebtedness incurred for the redevelop-ment or urban renewal project.

(16) The Legislative Assembly shall enactlaws that allow collection of ad valoremproperty taxes sufficient to pay, when due,indebtedness incurred to carry out urban re-newal plans existing on December 5, 1996.These collections shall cease when the in-

debtedness is paid. Unless excepted fromlimitation under section 11b of this Article,as modified by subsection (11) of this section,nothing in this subsection shall be construedto remove ad valorem property taxes leviedagainst the increase from the dollar limits inparagraph (b) of subsection (11) of this sec-tion.

(17)(a) If, in an election on November 5,1996, voters approved a new tax base for alocal taxing district under repealed section11 of this Article (1995 Edition) that was notto go into effect until the tax year beginningJuly 1, 1998, the local taxing district’s per-manent rate limit under subsection (3) of thissection shall be recalculated for the tax yearbeginning on July 1, 1998, to reflect:

(A) Ad valorem property taxes that wouldhave been imposed had repealed section 11of this Article (1995 Edition) remained in ef-fect; and

(B) Any other permanent continuinglevies that would have been imposed underrepealed section 11 of this Article (1995 Edi-tion), as reduced by subsection (3) of thissection.

(b) The rate limit determined under thissubsection shall be the local taxing district’spermanent rate limit for tax years beginningon or after July 1, 1999.

(18) Section 32, Article I, and section 1,Article IX of this Constitution, shall not ap-ply to this section.

(19)(a) The Legislative Assembly shall bystatute limit the ability of local taxing dis-tricts to impose new or additional fees, taxes,assessments or other charges for the purposeof using the proceeds as alternative sourcesof funding to make up for ad valorem prop-erty tax revenue reductions caused by theinitial implementation of this section, unlessthe new or additional fee, tax, assessment orother charge is approved by voters.

(b) This subsection shall not apply to newor additional fees, taxes, assessments orother charges for a government product orservice that a person:

(A) May legally obtain from a sourceother than government; and

(B) Is reasonably able to obtain from asource other than government.

(c) As used in this subsection, “new oradditional fees, taxes, assessments or othercharges” does not include moneys receivedby a local taxing district as:

(A) Rent or lease payments;(B) Interest, dividends, royalties or other

investment earnings;(C) Fines, penalties and unitary assess-

ments;


Art. XI§11b CONSTITUTION OF OREGON

(D) Amounts charged to and paid by an-other unit of government for products, ser-vices or property; or

(E) Payments derived from a contractentered into by the local taxing district as aproprietary function of the local taxing dis-trict.

(d) This subsection does not apply to alocal taxing district that derived less than 10percent of the local taxing district’s operat-ing revenues from ad valorem property taxes,other than ad valorem property taxes im-posed to pay bonded indebtedness, during thefiscal year ending June 30, 1996.

(e) An election under this subsectionneed not comply with the voter participationrequirements described in subsection (8) ofthis section.

(20) If any provision of this section isdetermined to be unconstitutional or other-wise invalid, the remaining provisions shallcontinue in full force and effect. [Createdthrough H.J.R. 85, 1997, and adopted by the people May20, 1997 (this section adopted in lieu of former sections11, 11a, 11f, 11g, 11h, 11i and 11j of this Article)]

Note: The effective date of House Joint Resolution85, 1997, is June 19, 1997.

Section 11a. School district tax levy. [Createdthrough S.J.R. 3, 1987, and adopted by the people May19, 1987; Repeal proposed by H.J.R. 85, 1997, andadopted by the people May 20, 1997 (present section 11adopted in lieu of this section and sections 11, 11f, 11g,11h, 11i and 11j of this Article)]

Section 11b. Property tax categories;limitation on categories; exceptions. (1)During and after the fiscal year 1991-92,taxes imposed upon any property shall beseparated into two categories: One whichdedicates revenues raised specifically to fundthe public school system and one which ded-icates revenues raised to fund governmentoperations other than the public school sys-tem. The taxes in each category shall belimited as set forth in the table which fol-lows and these limits shall apply whether thetaxes imposed on property are calculated onthe basis of the value of that property or onsome other basis:

MAXIMUM ALLOWABLE TAXESFor Each $1000.00 of

Property’s Real Market Value

Fiscal Year School System Other than Schools

1991-1992 $15.00 $10.00 1992-1993 $12.50 $10.00 1993-1994 $10.00 $10.00 1994-1995 $ 7.50 $10.00 1995-1996 $ 5.00 $10.00and thereafter

Property tax revenues are deemed to bededicated to funding the public school systemif the revenues are to be used exclusively for

educational services, including support ser-vices, provided by some unit of government,at any level from pre-kindergarten throughpost-graduate training.

(2) The following definitions shall applyto this section:

(a) “Real market value” is the minimumamount in cash which could reasonably beexpected by an informed seller acting with-out compulsion, from an informed buyer act-ing without compulsion, in an “arms-length”transaction during the period for which theproperty is taxed.

(b) A “tax” is any charge imposed by agovernmental unit upon property or upon aproperty owner as a direct consequence ofownership of that property except incurredcharges and assessments for local improve-ments.

(c) “Incurred charges” include and arespecifically limited to those charges by gov-ernment which can be controlled or avoidedby the property owner.

(i) because the charges are based on thequantity of the goods or services used andthe owner has direct control over the quan-tity; or

(ii) because the goods or services areprovided only on the specific request of theproperty owner; or

(iii) because the goods or services areprovided by the governmental unit only afterthe individual property owner has failed tomeet routine obligations of ownership andsuch action is deemed necessary to enforceregulations pertaining to health or safety.

Incurred charges shall not exceed theactual costs of providing the goods or ser-vices.

(d) A “local improvement” is a capitalconstruction project undertaken by a gov-ernmental unit

(i) which provides a special benefit onlyto specific properties or rectifies a problemcaused by specific properties, and

(ii) the costs of which are assessedagainst those properties in a single assess-ment upon the completion of the project, and

(iii) for which the payment of the assess-ment plus appropriate interest may be spreadover a period of at least ten years.

The total of all assessments for a localimprovement shall not exceed the actualcosts incurred by the governmental unit indesigning, constructing and financing theproject.

(3) The limitations of subsection (1) ofthis section apply to all taxes imposed onproperty or property ownership except


CONSTITUTION OF OREGON Art. XI§11L

(a) Taxes imposed to pay the principaland interest on bonded indebtedness author-ized by a specific provision of this Constitu-tion.

(b) Taxes imposed to pay the principaland interest on bonded indebtedness incurredor to be incurred for capital construction orimprovements, provided the bonds are offeredas general obligations of the issuing govern-mental unit and provided further that eitherthe bonds were issued not later than No-vember 6, 1990, or the question of the issu-ance of the specific bonds has been approvedby the electors of the issuing governmentalunit.

(4) In the event that taxes authorized byany provision of this Constitution to be im-posed upon any property should exceed thelimitation imposed on either category of tax-ing units defined in subsection (1) of thissection, then, notwithstanding any otherprovision of this Constitution, the taxes im-posed upon such property by the taxing unitsin that category shall be reduced evenly bythe percentage necessary to meet the limita-tion for that category. The percentages usedto reduce the taxes imposed shall be calcu-lated separately for each category and mayvary from property to property within thesame taxing unit. The limitation imposed bythis section shall not affect the tax base ofa taxing unit.

(5) The Legislative Assembly shall re-place from the State’s general fund any re-venue lost by the public school systembecause of the limitations of this section.The Legislative Assembly is authorized,however, to adopt laws which would limitthe total of such replacement revenue plusthe taxes imposed within the limitations ofthis section in any year to the correspondingtotal for the previous year plus 6 percent.This subsection applies only during fiscalyears 1991-92 through 1995-96, inclusive.[Created through initiative petition filed May 8, 1990,and adopted by the people Nov. 6, 1990]

Section 11c. Limits in addition toother tax limits. The limits in section 11bof this Article are in addition to any limitsimposed on individual taxing units by thisConstitution. [Created through initiative petitionfiled May 8, 1990, and adopted by the people Nov. 6,1990]

Section 11d. Effect of section 11b onexemptions and assessments. Nothing insections 11b to 11e of this Article is intendedto require or to prohibit the amendment ofany current statute which partially or totallyexempts certain classes of property or whichprescribes special rules for assessing certainclasses of property, unless such amendmentis required or prohibited by the implementa-

tion of the limitations imposed by section 11bof this Article. [Created through initiative petitionfiled May 8, 1990, and adopted by the people Nov. 6,1990]

Section 11e. Severability of sections11b, 11c and 11d. If any portion, clause orphrase of sections 11b to 11e of this Articleis for any reason held to be invalid or un-constitutional by a court of competent juris-diction, the remaining portions, clauses andphrases shall not be affected but shall remainin full force and effect. [Created through initi-ative petition filed May 8, 1990, and adopted by thepeople Nov. 6, 1990]

Section 11f. School district tax levy followingmerger. [Created through H.J.R. 14, 1989, and adoptedby the people Nov. 6, 1990; Repeal proposed by H.J.R.85, 1997, and adopted by the people May 20, 1997 (pres-ent section 11 adopted in lieu of this section andsections 11, 11a, 11g, 11h, 11i and 11j of this Article)]

Note: Section 11f was designated as “Section 11b”by H.J.R. 14, 1989, and adopted by the people Nov. 6,1990.

Section 11g. Tax increase limitation; excep-tions. [Created through initiative petition filed Dec. 8,1995, and adopted by the people Nov. 5, 1996; Repealproposed by H.J.R. 85, 1997, and adopted by the peopleMay 20, 1997 (present section 11 adopted in lieu of thissection and sections 11, 11a, 11f, 11h, 11i and 11j of thisArticle)]

Section 11h. Voluntary contributions for sup-port of schools or other public entities. [Createdthrough initiative petition filed Dec. 8, 1995, andadopted by the people Nov. 5, 1996; Repeal proposed byH.J.R. 85, 1997, and adopted by the people May 20, 1997(present section 11 adopted in lieu of this section andsections 11, 11a, 11f, 11g, 11i and 11j of this Article)]

Section 11i. Legislation to implement limitationand contribution provisions. [Created through initi-ative petition filed Dec. 8, 1995, and adopted by thepeople Nov. 5, 1996; Repeal proposed by H.J.R. 85, 1997,and adopted by the people May 20, 1997 (present section11 adopted in lieu of this section and sections 11, 11a,11f, 11g, 11h and 11j of this Article)]

Section 11j. Severability of sections 11g, 11hand 11i. [Created through initiative petition filed Dec.8, 1995, and adopted by the people Nov. 5, 1996; Repealproposed by H.J.R. 85, 1997, and adopted by the peopleMay 20, 1997 (present section 11 adopted in lieu of thissection and sections 11, 11a, 11f, 11g, 11h and 11i of thisArticle)]

Section 11k. Limitation on applicabil-ity of section 11 (8) voting requirementsto elections on measures held in May orNovember of any year. Notwithstandingsubsection (8) of section 11 of this Article,subsection (8) of section 11 of this Articledoes not apply to any measure voted on inan election held in May or November of anyyear. [Created through H.J.R. 15, 2007, and adoptedby the people Nov. 4, 2008]

Section 11L. Limitation on applicabil-ity of sections 11 and 11b on bonded in-debtedness to finance capital costs. (1)The limitations of sections 11 and 11b of thisArticle do not apply to bonded indebtednessincurred by local taxing districts if thebonded indebtedness was incurred on or after



January 1, 2011, to finance capital costs asdefined in subsection (5) of this section.

(2) Bonded indebtedness described insubsection (1) of this section includes bondedindebtedness issued to refund bonded indebt-edness described in subsection (1) of thissection.

(3) Notwithstanding subsection (1) of thissection, subsection (8) of section 11 of thisArticle, as limited by section 11k of this Ar-ticle, applies to measures that authorizebonded indebtedness described in subsection(1) of this section.

(4) The weighted average life of bondedindebtedness incurred on or after January 1,2011, to finance capital costs may not exceedthe weighted average life of the capital coststhat are financed with that indebtedness.

(5)(a) As used in this section, “capitalcosts” means costs of land and of other as-sets having a useful life of more than oneyear, including costs associated with acquisi-tion, construction, improvement, remodeling,furnishing, equipping, maintenance or repair.

(b) “Capital costs” does not include costsof routine maintenance or supplies. [Createdthrough H.J.R. 13, 2009, and adopted by the people May18, 2010]

Section 12. People’s utility districts.Peoples’ [sic] Utility Districts may be createdof territory, contiguous or otherwise, withinone or more counties, and may consist of anincorporated municipality, or municipalities,with or without unincorporated territory, forthe purpose of supplying water for domesticand municipal purposes; for the developmentof water power and/or electric energy; andfor the distribution, disposal and sale of wa-ter, water power and electric energy. Suchdistricts shall be managed by boards of di-rectors, consisting of five members, whoshall be residents of such districts. Such dis-tricts shall have power:

(a) To call and hold elections within theirrespective districts.

(b) To levy taxes upon the taxable prop-erty of such districts.

(c) To issue, sell and assume evidencesof indebtedness.

(d) To enter into contracts.(e) To exercise the power of eminent do-

main.(f) To acquire and hold real and other

property necessary or incident to the busi-ness of such districts.

(g) To acquire, develop, and/or otherwiseprovide for a supply of water, water powerand electric energy.

Such districts may sell, distribute and/orotherwise dispose of water, water power and

electric energy within or without the terri-tory of such districts.

The legislative assembly shall and thepeople may provide any legislation, that maybe necessary, in addition to existing laws, tocarry out the provisions of this section.[Created through initiative petition filed July 3, 1930,and adopted by the people Nov. 4, 1930]

Section 13. Interests of employeswhen operation of transportation systemassumed by public body. Notwithstandingthe provisions of section 20, Article I, section10, Article VI, and sections 2 and 9, ArticleXI, of this Constitution, when any city,county, political subdivision, public agencyor municipal corporation assumes responsi-bility for the operation of a public transpor-tation system, the city, county, politicalsubdivision, public agency or municipal cor-poration shall make fair and equitable ar-rangements to protect the interests ofemployes and retired employes affected. Suchprotective arrangements may include, with-out being limited to, such provisions as maybe necessary for the preservation of rights,privileges and benefits (including continua-tion of pension rights and payment of bene-fits) under existing collective bargainingagreements, or otherwise. [Created throughH.J.R. 13, 1965, and adopted by the people Nov. 8, 1966]

Section 14. Metropolitan service dis-trict charter. (1) The Legislative Assemblyshall provide by law a method whereby thelegal electors of any metropolitan servicedistrict organized under the laws of thisstate, by majority vote of such electors vot-ing thereon at any legally called election,may adopt, amend, revise or repeal a districtcharter.

(2) A district charter shall prescribe theorganization of the district government andshall provide directly, or by its authority, forthe number, election or appointment, quali-fications, tenure, compensation, powers andduties of such officers as the district consid-ers necessary. Such officers shall amongthem exercise all the powers and perform allthe duties, as granted to, imposed upon ordistributed among district officers by theConstitution or laws of this state, by thedistrict charter or by its authority.

(3) A district charter may provide for theexercise by ordinance of powers granted tothe district by the Constitution or laws ofthis state.

(4) A metropolitan service district shallhave jurisdiction over matters of metropol-itan concern as set forth in the charter ofthe district.

(5) The initiative and referendum powersreserved to the people by this Constitutionhereby are further reserved to the legal



electors of a metropolitan service districtrelative to the adoption, amendment, revisionor repeal of a district charter and districtlegislation enacted thereunder. Such powersshall be exercised in the manner provided forcounty measures under section 10, ArticleVI of this Constitution. [Created by S.J.R. 2, 1989,and adopted by the people Nov. 6, 1990]

Section 15. Funding of programs im-posed upon local governments; excep-tions. (1) Except as provided in subsection(7) of this section, when the Legislative As-sembly or any state agency requires any lo-cal government to establish a new programor provide an increased level of service foran existing program, the State of Oregonshall appropriate and allocate to the localgovernment moneys sufficient to pay the on-going, usual and reasonable costs of per-forming the mandated service or activity.

(2) As used in this section:(a) “Enterprise activity” means a pro-

gram under which a local government sellsproducts or services in competition with anongovernment entity.

(b) “Local government” means a city,county, municipal corporation or municipalutility operated by a board or commission.

(c) “Program” means a program or proj-ect imposed by enactment of the LegislativeAssembly or by rule or order of a stateagency under which a local government mustprovide administrative, financial, social,health or other specified services to persons,government agencies or to the public gener-ally.

(d) “Usual and reasonable costs” meansthose costs incurred by the affected localgovernments for a specific program usinggenerally accepted methods of service deliv-ery and administrative practice.

(3) A local government is not required tocomply with any state law or administrativerule or order enacted or adopted after Janu-ary 1, 1997, that requires the expenditure ofmoney by the local government for a newprogram or increased level of service for anexisting program until the state appropriatesand allocates to the local government re-imbursement for any costs incurred to carryout the law, rule or order and unless theLegislative Assembly provides, by appropri-ation, reimbursement in each succeedingyear for such costs. However, a local gov-ernment may refuse to comply with a statelaw or administrative rule or order underthis subsection only if the amount appropri-ated and allocated to the local governmentby the Legislative Assembly for a program ina fiscal year:

(a) Is less than 95 percent of the usualand reasonable costs incurred by the localgovernment in conducting the program at thesame level of service in the preceding fiscalyear; or

(b) Requires the local government tospend for the program, in addition to theamount appropriated and allocated by theLegislative Assembly, an amount that ex-ceeds one-hundredth of one percent of theannual budget adopted by the governing bodyof the local government for that fiscal year.

(4) When a local government determinesthat a program is a program for which mon-eys are required to be appropriated and allo-cated under subsection (1) of this section, ifthe local government expended moneys toconduct the program and was not reimbursedunder this section for the usual and reason-able costs of the program, the local govern-ment may submit the issue of reimbursementto nonbinding arbitration by a panel of threearbitrators. The panel shall consist of onerepresentative from the Oregon Departmentof Administrative Services, the League ofOregon Cities and the Association of OregonCounties. The panel shall determine whetherthe costs incurred by the local governmentare required to be reimbursed under thissection and the amount of reimbursement.The decision of the arbitration panel is notbinding upon the parties and may not be en-forced by any court in this state.

(5) In any legal proceeding or arbitrationproceeding under this section, the local gov-ernment shall bear the burden of proving bya preponderance of the evidence that moneysappropriated by the Legislative Assembly arenot sufficient to reimburse the local govern-ment for the usual and reasonable costs of aprogram.

(6) Except upon approval by three-fifthsof the membership of each house of the Leg-islative Assembly, the Legislative Assemblyshall not enact, amend or repeal any law ifthe anticipated effect of the action is to re-duce the amount of state revenues derivedfrom a specific state tax and distributed tolocal governments as an aggregate duringthe distribution period for such revenues im-mediately preceding January 1, 1997.

(7) This section shall not apply to:(a) Any law that is approved by three-

fifths of the membership of each house of theLegislative Assembly.

(b) Any costs resulting from a law creat-ing or changing the definition of a crime ora law establishing sentences for convictionof a crime.

(c) An existing program as enacted bylegislation prior to January 1, 1997, except


Art. XI-A§1 CONSTITUTION OF OREGON

for legislation withdrawing state funds forprograms required prior to January 1, 1997,unless the program is made optional.

(d) A new program or an increased levelof program services established pursuant toaction of the Federal Government so long asthe program or increased level of programservices imposes costs on local governmentsthat are no greater than the usual and rea-sonable costs to local governments resultingfrom compliance with the minimum programstandards required under federal law or reg-ulations.

(e) Any requirement imposed by the judi-cial branch of government.

(f) Legislation enacted or approved byelectors in this state under the initiative andreferendum powers reserved to the peopleunder section 1, Article IV of this Constitu-tion.

(g) Programs that are intended to informcitizens about the activities of local govern-ments.

(8) When a local government is not re-quired under subsection (3) of this section tocomply with a state law or administrativerule or order relating to an enterprise activ-ity, if a nongovernment entity competes withthe local government by selling products orservices that are similar to the products andservices sold under the enterprise activity,the nongovernment entity is not required tocomply with the state law or administrativerule or order relating to that enterprise ac-tivity.

(9) Nothing in this section shall give riseto a claim by a private person against theState of Oregon based on the establishmentof a new program or an increased level ofservice for an existing program without suf-ficient appropriation and allocation of fundsto pay the ongoing, usual and reasonablecosts of performing the mandated service oractivity.

(10) Subsection (4) of this section doesnot apply to a local government when thelocal government is voluntarily providing aprogram four years after the effective dateof the enactment, rule or order that imposedthe program.

(11) In lieu of appropriating and allocat-ing funds under this section, the LegislativeAssembly may identify and direct the impo-sition of a fee or charge to be used by a localgovernment to recover the actual cost of theprogram. [Created through H.J.R. 2, 1995, andadopted by the people Nov. 5, 1996]

Section 15a. Subsequent vote for reaffirmationof section 15. [Created through H.J.R. 2, 1995, andadopted by the people Nov. 5, 1996; Repeal proposed byS.J.R. 39, 1999, and adopted by the people Nov. 7, 2000]

ARTICLE XI-ARURAL CREDITS

[Created through initiative petition filed July 6,1916, and adopted by the people Nov. 7, 1916; Repealproposed by S.J.R. 1, 1941, and adopted by the peopleNov. 3, 1942]

ARTICLE XI-AFARM AND HOME LOANS TO

VETERANS

Sec. 1. State empowered to make farm and homeloans to veterans; standards and prioritiesfor loans

2. Bonds3. Eligibility to receive loans4. Tax levy5. Repeal of conflicting constitutional pro-

visions6. Refunding bonds

Section 1. State empowered to makefarm and home loans to veterans; stan-dards and priorities for loans. (1) Not-withstanding the limits contained in section7, Article XI of this Constitution, the creditof the State of Oregon may be loaned andindebtedness incurred in an amount not toexceed eight percent of the true cash valueof all the property in the state, for the pur-pose of creating a fund, to be known as the“Oregon War Veterans’ Fund,” to be ad-vanced for the acquisition of farms andhomes for the benefit of male and femaleresidents of the State of Oregon who servedin the Armed Forces of the United States.Secured repayment thereof shall be and is aprerequisite to the advancement of moneyfrom such fund, except that moneys in theOregon War Veterans’ Fund may also be ap-propriated to the Director of Veterans’ Af-fairs to be expended, without security, forthe following purposes:

(a) Aiding veterans’ organizations inconnection with their programs of service toveterans;

(b) Training service officers appointed bythe counties to give aid as provided by lawto veterans and their dependents;

(c) Aiding the counties in connectionwith programs of service to veterans;

(d) The duties of the Director ofVeterans’ Affairs as conservator of the es-tates of beneficiaries of the United StatesVeterans’ Administration; and

(e) The duties of the Director ofVeterans’ Affairs in providing services toveterans, their dependents and survivors.

(2) The Director of Veterans’ Affairs mayestablish standards and priorities with re-spect to the granting of loans from the Ore-gon War Veterans’ Fund that, as determined


CONSTITUTION OF OREGON Art. XI-A§6

by the director, best accomplish the purposesand promote the financial sustainability ofthe Oregon War Veterans’ Fund, including,but not limited to, standards and prioritiesnecessary to maintain the tax-exempt statusof earnings from bonds issued under author-ity of this section and section 2 of this Arti-cle. [Created through H.J.R. 7, 1943, and adopted bythe people Nov. 7, 1944; Amendment proposed by H.J.R.1, 1949, and adopted by the people Nov. 7, 1950;Amendment proposed by H.J.R. 14, 1951, and adopted bythe people Nov. 4, 1952; Amendment proposed by S.J.R.14, 1959, and adopted by the people Nov. 8, 1960;Amendment proposed by H.J.R. 9, 1967, and adopted bythe people Nov. 5, 1968; Amendment proposed by H.J.R.33, 1969, and adopted by the people Nov. 3, 1970;Amendment proposed by H.J.R. 12, 1973, and adopted bythe people May 28, 1974; Amendment proposed by H.J.R.10, 1977, and adopted by the people May 17, 1977;Amendment proposed by S.J.R. 53, 1977, and adopted bythe people May 17, 1977; Amendment proposed by S.J.R.2, 1999, and adopted by the people Nov. 7, 2000;Amendment proposed by H.J.R. 7, 2009, and adopted bythe people Nov. 2, 2010]

Section 2. Bonds. Bonds of the state ofOregon containing a direct promise on behalfof the state to pay the face value thereof,with the interest therein provided for, maybe issued to an amount authorized by section1 hereof for the purpose of creating said“Oregon War Veterans’ Fund.” Said bondsshall be a direct obligation of the state andshall be in such form and shall run for suchperiods of time and bear such rates of inter-est as provided by statute. [Created throughH.J.R. 7, 1943, and adopted by the people Nov. 7, 1944;Amendment proposed by H.J.R. 1, 1949, and adopted bythe people Nov. 7, 1950]

Section 3. Eligibility to receive loans.No person shall receive money from the Or-egon War Veterans’ Fund except the follow-ing:

(1) A person who:(a) Resides in the State of Oregon at the

time of applying for a loan from the fund;(b) Is a veteran, as that term is defined

by Oregon law;(c) Served under honorable conditions on

active duty in the Armed Forces of theUnited States; and

(d) Satisfies the requirements applicableto the funding source for the loan from theOregon War Veterans’ Fund.

(2)(a) The spouse of a person who isqualified to receive a loan under subsection(1) of this section but who has either beenmissing in action or a prisoner of war whileon active duty in the Armed Forces of theUnited States even though the status ofmissing or being a prisoner occurred prior tocompletion of a minimum length of serviceor the person never resided in this state,provided the spouse resides in this state atthe time of application for the loan.

(b) The surviving spouse of a person whowas qualified to receive a loan under sub-section (1) of this section but who died whileon active duty in the Armed Forces of theUnited States even though the death oc-curred prior to completion of a minimumlength of service or the person never residedin this state, provided the surviving spouseresides in this state at the time of applica-tion for the loan.

(c) The eligibility of a surviving spouseunder this subsection shall terminate on thespouse’s remarriage.

(3) As used in this section, “active duty”does not include attendance at a school un-der military orders, except schooling incidentto an active enlistment or a regular tour ofduty, or normal military training as a re-serve officer or member of an organized re-serve or National Guard unit. [Created throughH.J.R. 7, 1943, and adopted by the people Nov. 7, 1944;Amendment proposed by H.J.R. 1, 1949, and adopted bythe people Nov. 7, 1950; Amendment proposed by H.J.R.14, 1951, and adopted by the people Nov. 4, 1952;Amendment proposed by S.J.R. 14, 1959, and adoptedby the people Nov. 8, 1960; Amendment proposed byH.J.R. 9, 1967, and adopted by the people Nov. 5, 1968;Amendment proposed by S.J.R. 23, 1971, and adopted bythe people Nov. 7, 1972; Amendment proposed by H.J.R.23, 1975, and adopted by the people May 25, 1976;Amendment proposed by H.J.R. 23, 1979, and adoptedby the people May 20, 1980; Amendment proposed byS.J.R. 3, 1995, and adopted by the people Nov. 5, 1996;Amendment proposed by S.J.R. 2, 1999, and adopted bythe people Nov. 7, 2000; Amendment proposed by H.J.R.7, 2009, and adopted by the people Nov. 2, 2010]

Section 4. Tax levy. There shall belevied each year, at the same time and in thesame manner that other taxes are levied, atax upon all property in the state of Oregonnot exempt from taxation, not to exceed two(2) mills on each dollar valuation, to providefor the payment of principal and interest ofthe bonds authorized to be issued by this ar-ticle. The two (2) mills additional tax hereinprovided for hereby is specifically authorizedand said tax levy hereby authorized shall bein addition to all other taxes which may belevied according to law. [Created through H.J.R.7, 1943, and adopted by the people Nov. 7, 1944;Amendment proposed by H.J.R. 85, 1997, and adopted bythe people May 20, 1997]

Section 5. Repeal of conflicting con-stitutional provisions. The provisions ofthe constitution in conflict with this amend-ment hereby are repealed so far as they con-flict herewith. [Created through H.J.R. 7, 1943, andadopted by the people Nov. 7, 1944]

Section 6. Refunding bonds. Refundingbonds may be issued and sold to refund anybonds issued under authority of sections 1and 2 of this article. There may be issuedand outstanding at any one time bonds ag-gregating the amount authorized by section1 hereof, but at no time shall the total of all


Art. XI-D§1 CONSTITUTION OF OREGON

bonds outstanding, including refundingbonds, exceed the amount so authorized.[Created through H.J.R. 7, 1943, and adopted by thepeople Nov. 7, 1944]

ARTICLE XI-BSTATE PAYMENT OF IRRIGATION

AND DRAINAGE DISTRICT INTEREST[Created through H.J.R. 32, 1919, and adopted by

the people June 3, 1919; Repeal proposed by H.J.R. 1,1929, and adopted by the people Nov. 4, 1930]

ARTICLE XI-CWORLD WAR VETERANS’ STATE AID

SINKING FUND[Created through H.J.R. 12, 1921, and adopted by

the people June 7, 1921; Amendment proposed by H.J.R.7, 1923, and adopted by the people Nov. 4, 1924; Repealproposed by S.J.R. 12, 1951, and adopted by the peopleNov. 4, 1952]

ARTICLE XI-DSTATE POWER DEVELOPMENT

Sec. 1. State’s rights, title and interest to water andwater-power sites to be held in perpetuity

2. State’s powers enumerated3. Legislation to effectuate article4. Construction of article

Section 1. State’s rights, title and in-terest to water and water-power sites tobe held in perpetuity. The rights, title andinterest in and to all water for the develop-ment of water power and to water powersites, which the state of Oregon now ownsor may hereafter acquire, shall be held by itin perpetuity. [Created through initiative petitionfiled July 7, 1932, and adopted by the people Nov. 8,1932]

Section 2. State’s powers enumerated.The state of Oregon is authorized and em-powered:

1. To control and/or develop the waterpower within the state;

2. To lease water and water power sitesfor the development of water power;

3. To control, use, transmit, distribute,sell and/or dispose of electric energy;

4. To develop, separately or in conjunc-tion with the United States, or in conjunc-tion with the political subdivisions of thisstate, any water power within the state, andto acquire, construct, maintain and/or oper-ate hydroelectric power plants, transmissionand distribution lines;

5. To develop, separately or in conjunc-tion with the United States, with any state

or states, or political subdivisions thereof, orwith any political subdivision of this state,any water power in any interstate streamand to acquire, construct, maintain and/oroperate hydroelectric power plants, trans-mission and distribution lines;

6. To contract with the United States,with any state or states, or political subdi-visions thereof, or with any political subdivi-sion of this state, for the purchase oracquisition of water, water power and/orelectric energy for use, transmission, distrib-ution, sale and/or disposal thereof;

7. To fix rates and charges for the use ofwater in the development of water power andfor the sale and/or disposal of water powerand/or electric energy;

8. To loan the credit of the state, and toincur indebtedness to an amount not exceed-ing one and one-half percent of the true cashvalue of all the property in the state taxedon an ad valorem basis, for the purpose ofproviding funds with which to carry out theprovisions of this article, notwithstandingany limitations elsewhere contained in thisconstitution;

9. To do any and all things necessary orconvenient to carry out the provisions of thisarticle. [Created through initiative petition filed July7, 1932, and adopted by the people Nov. 8, 1932;Amendment proposed by S.J.R. 6, 1961, and adopted bythe people Nov. 6, 1962]

Section 3. Legislation to effectuatearticle. The legislative assembly shall, andthe people may, provide any legislation thatmay be necessary in addition to existinglaws, to carry out the provisions of this arti-cle; Provided, that any board or commissioncreated, or empowered to administer the lawsenacted to carry out the purposes of this ar-ticle shall consist of three members and beelected without party affiliation or desig-nation. [Created through initiative petition filed July7, 1932, and adopted by the people Nov. 8, 1932]

Section 4. Construction of article.Nothing in this article shall be construed toaffect in any way the laws, and the adminis-tration thereof, now existing or hereafterenacted, relating to the appropriation anduse of water for beneficial purposes, otherthan for the development of water power.[Created through initiative petition filed July 7, 1932,and adopted by the people Nov. 8, 1932]

ARTICLE XI-ESTATE REFORESTATION

Section 1. State empowered to lendcredit for forest rehabilitation and refor-estation; bonds; taxation. The credit of thestate may be loaned and indebtedness in-


CONSTITUTION OF OREGON Art. XI-F(2)

curred in an amount which shall not exceedat any one time 3/16 of 1 percent of the truecash value of all the property in the statetaxed on an ad valorem basis, to providefunds for forest rehabilitation and reforesta-tion and for the acquisition, management,and development of lands for such purposes.So long as any such indebtedness shall re-main outstanding, the funds derived from thesale, exchange, or use of said lands, and fromthe disposal of products therefrom, shall beapplied only in the liquidation of such in-debtedness. Bonds or other obligations is-sued pursuant hereto may be renewed orrefunded. An ad valorem tax shall be leviedannually upon all the property in the stateof Oregon taxed on an ad valorem basis, insufficient amount to provide for the paymentof such indebtedness and the interestthereon. The legislative assembly may pro-vide other revenues to supplement or replacethe said tax levies. The legislature shall en-act legislation to carry out the provisionshereof. This amendment shall supersede allconstitutional provisions in conflict here-with. [Created through H.J.R. 24, 1947, and adoptedby the people Nov. 2, 1948; Amendment proposed byS.J.R. 7, 1961, and adopted by the people Nov. 6, 1962;Amendment proposed by H.J.R. 85, 1997, and adopted bythe people May 20, 1997]

ARTICLE XI-F(1)HIGHER EDUCATION BUILDING

PROJECTS

Sec. 1. State empowered to lend credit for highereducation building projects

2. Limitation on authorization to incur indebt-edness

3. Sources of revenue4. Bonds5. Legislation to effectuate Article

Section 1. State empowered to lendcredit for higher education building proj-ects. The credit of the state may be loanedand indebtedness incurred in an amountwhich shall not exceed at any one timethree-fourths of one percent of the true cashvalue of all the taxable property in the state,as determined by law to provide funds withwhich to acquire, construct, improve, repair,equip and furnish buildings, structures, landand other projects, or parts thereof, that thelegislative assembly determines will benefithigher education institutions or activities.[Created through H.J.R. 26, 1949, and adopted by thepeople Nov. 7, 1950; Amendment proposed by H.J.R. 12,1959, and adopted by the people Nov. 8, 1960; Amend-ment proposed by H.J.R. 101, 2010, and adopted by thepeople May 18, 2010]

Section 2. Limitation on authorizationto incur indebtedness. Indebtedness shallnot be incurred to finance projects described

in section 1 of this Article unless the con-structing authority conservatively estimatesthat the constructing authority will havesufficient revenues to pay the indebtednessand operate the projects financed with theproceeds of the indebtedness. For purposesof this section, “revenues” includes all fundsavailable to the constructing authority ex-cept amounts appropriated by the legislativeassembly from the General Fund. [Createdthrough H.J.R. 26, 1949, and adopted by the people Nov.7, 1950; Amendment proposed by H.J.R. 101, 2010, andadopted by the people May 18, 2010]

Section 3. Sources of revenue. Advalorem taxes shall be levied annually uponall the taxable property in the state of Ore-gon in sufficient amount, with the aforesaidrevenues, to provide for the payment of suchindebtedness and the interest thereon. Thelegislative assembly may provide other re-venues to supplement or replace such taxlevies. [Created through H.J.R. 26, 1949, and adoptedby the people Nov. 7, 1950; Amendment proposed byH.J.R. 101, 2010, and adopted by the people May 18,2010]

Section 4. Bonds. Bonds issued pursuantto this article shall be the direct general ob-ligations of the state, and be in such form,run for such periods of time, and bear suchrates of interest, as shall be provided bystatute. Such bonds may be refunded withbonds of like obligation. Unless provided bystatute, no bonds shall be issued pursuant tothis article for the construction of buildingsor other structures for higher education untilafter all of the aforesaid outstanding revenuebonds shall have been redeemed or refunded.[Created through H.J.R. 26, 1949, and adopted by thepeople Nov. 7, 1950]

Section 5. Legislation to effectuateArticle. The legislative assembly shall enactlegislation to carry out the provisions hereof.This article shall supersede all conflictingconstitutional provisions. [Created throughH.J.R. 26, 1949, and adopted by the people Nov. 7, 1950]

ARTICLE XI-F(2)VETERANS’ BONUS

Sec. 1. State empowered to lend credit to payveterans’ bonus; issuance of bonds

2. Definitions3. Amount of bonus4. Survivors of certain deceased veterans enti-

tled to maximum amount5. Certain persons not eligible6. Order of distribution among survivors7. Bonus not saleable or assignable; bonus free

from creditors’ claims and state taxes8. Administration of Article; rules and regu-

lations9. Applications

10. Furnishing forms; printing, office suppliesand equipment; employes; payment of ex-penses


Art. XI-F(2)§1 CONSTITUTION OF OREGON

Section 1. State empowered to lendcredit to pay veterans’ bonus; issuanceof bonds. Notwithstanding the limitationscontained in Section 7 of Article XI of theconstitution, the credit of the State of Ore-gon may be loaned and indebtedness incurredto an amount not exceeding 5 percent of theassessed valuation of all the property in thestate, for the purpose of creating a fund tobe paid to residents of the State of Oregonwho served in the armed forces of the UnitedStates between September 16, 1940, and June30, 1946, and were honorably discharged fromsuch service, which fund shall be known asthe “World War II Veterans’ CompensationFund.”

Bonds of the State of Oregon, containinga direct promise on behalf of the state to paythe face value thereof with the interestthereon provided for may be issued to anamount authorized in Section 1 hereof forthe purpose of creating said World War IIVeterans’ Compensation Fund. Refundingbonds may be issued and sold to refund anybonds issued under authority of Section 1hereof. There may be issued and outstandingat any one time bonds aggregating theamount authorized by Section 1, but at notime shall the total of all bonds outstanding,including refunding bonds, exceed theamount so authorized. Said bonds shall be adirect obligation of the State and shall be insuch form and shall run for such periods oftime and bear such rates of interest as shallbe provided by statute. No person shall beeligible to receive money from said fund ex-cept the veterans as defined in Section 3 ofthis act [sic]. The legislature shall and thepeople may provide any additional legislationthat may be necessary, in addition to existinglaws, to carry out the provisions of this sec-tion. [Created through initiative petition filed June 30,1950, and adopted by the people Nov. 7, 1950]

Section 2. Definitions. The followingwords, terms, and phrases, as used in this act[sic] shall have the following meaning unlessthe text otherwise requires:

1. “Domestic service” means servicewithin the continental limits of the UnitedStates, excluding Alaska, Hawaii, Canal Zoneand Puerto Rico.

2. “Foreign Service” means service in allother places, including sea duty.

3. “Husband” means the unremarriedhusband, and “wife” means the unremarriedwife.

4. “Child or Children” means child orchildren of issue, child or children by adop-tion or child or children to whom the de-ceased person has stood in loco parentis forone year or more immediately preceding hisdeath.

5. “Parent or Parents” means naturalparent or parents; parent or parents byadoption; or, person or persons, includingstepparent or stepparents, who have stood inloco parentis to the deceased person for aperiod of one year or more immediately priorto entrance into the armed service of theUnited States.

6. “Veterans” means any person whoshall have served in active duty in the armedforces of the United States at any time be-tween September 16, 1940, and June 30, 1946,both dates inclusive, and who, at the time ofcommencing such service, was and had beena bona fide resident of the State of Oregonfor at least one year immediately precedingthe commencement of such service, and whoshall have been separated from such serviceunder honorable conditions, or who is still insuch service, or who has been retired.[Created through initiative petition filed June 30, 1950,and adopted by the people Nov. 7, 1950]

Section 3. Amount of bonus. Everyveteran who was in such service for a periodof at least 90 days shall be entitled to receivecompensation at the rate of Ten Dollars($10.00) for each full month during whichsuch veteran was in active domestic serviceand Fifteen Dollars ($15.00) for each fullmonth during which such veteran was in ac-tive foreign service within said period oftime. Any veteran who was serving on activeduty in the armed forces between September16, 1940, and June 30, 1946, whose serviceswere terminated by reason of service-connected disabilities, and who, upon filinga claim for disabilities with the UnitedStates Veterans’ Administration within threemonths after separation from the armed ser-vice, was rated not less than 50% disabledas a result of such claim, shall be deemed tohave served sufficient time to entitle him orher to the maximum payment under this act[sic] and shall be so entitled. The maximumamount of compensation payable under thisact [sic] shall be six hundred dollars ($600.00)and no such compensation shall be paid toany veteran who shall have received fromanother state a bonus or compensation be-cause of such military service. [Created throughinitiative petition filed June 30, 1950, and adopted bythe people Nov. 7, 1950]

Section 4. Survivors of certain de-ceased veterans entitled to maximumamount. The survivor or survivors, of thedeceased veteran whose death was caused orcontributed to by a service-connected diseaseor disability incurred in service under condi-tions other than dishonorable, shall be enti-tled, in the order of survivorship provided inthis act [sic], to receive the maximumamount of said compensation irrespective ofthe amount such deceased would have been


CONSTITUTION OF OREGON Art. XI-F(2)§10

entitled to receive if living. [Created throughinitiative petition filed June 30, 1950, and adopted bythe people Nov. 7, 1950]

Section 5. Certain persons not eligible.No compensation shall be paid under this act[sic] to any veteran who, during the periodof service refused on conscientious, politicalor other grounds to subject himself to fullmilitary discipline and unqualified service,or to any veteran for any periods of timespent under penal confinement during theperiod of active duty, or for service in themerchant marine: Provided, however, that forthe purposes of this act [sic], active servicein the chaplain corps, or medical corps shallbe deemed unqualified service under fullmilitary discipline. [Created through initiative pe-tition filed June 30, 1950, and adopted by the peopleNov. 7, 1950]

Section 6. Order of distributionamong survivors. The survivor or survivorsof any deceased veteran who would havebeen entitled to compensation under this act[sic], other than those mentioned in Section4 of this act [sic], shall be entitled to receivethe same amount of compensation as saiddeceased veteran would have received, if liv-ing, which shall be distributed as follows:

1. To the husband or wife, as the casemay be, the whole amount.

2. If there be no husband or wife, to thechild or children, equally; and

3. If there be no husband or wife or childor children, to the parent or parents, equally.[Created through initiative petition filed June 30, 1950,and adopted by the people Nov. 7, 1950]

Section 7. Bonus not saleable or as-signable; bonus free from creditors’claims and state taxes. No sale or assign-ment of any right or claim to compensationunder this act [sic] shall be valid, no claimsof creditors shall be enforcible against rightsor claims to or payments of such compensa-tion, and such compensation shall be exemptfrom all taxes imposed by the laws of thisstate. [Created through initiative petition filed June30, 1950, and adopted by the people Nov. 7, 1950]

Section 8. Administration of article;rules and regulations. The director ofVeterans’ Affairs, State of Oregon, referredto herein as the “director” hereby is author-ized and empowered, and it shall be his duty,to administer the provisions of this act [sic],and with the approval of the veterans advi-sory committee may make such rules andregulations as are deemed necessary to ac-complish the purpose hereof. [Created throughinitiative petition filed June 30, 1950, and adopted bythe people Nov. 7, 1950]

Section 9. Applications. All applica-tions for certificates under this act [sic] shallbe made within two years from the effective

date hereof and upon forms to be supplied bythe director. Said applications shall be dulyverified by the claimant before a notary pub-lic or other person authorized to take ac-knowledgments, and shall set forthapplicant’s name, residence at the time ofentry into the service, date and place ofenlistment, induction or entry upon activefederal service, beginning and ending datesof foreign service, date of discharge, retire-ment or release from active federal service,statement of time lost by reason of penalconfinement during the period of active duty;together with the applicant’s original dis-charge, or certificate in lieu of lost dis-charge, or certificate of service, or if theapplicant has not been released at the timeof application, a statement by competentmilitary authority that the applicant duringthe period for which compensation is claimeddid not refuse to subject himself to full mili-tary discipline and unqualified service, andthat the applicant has not been separatedfrom service under circumstances other thanhonorable. The director may require suchfurther information to be included in suchapplication as deemed necessary to enablehim to determine the eligibility of the appli-cant. Such applications, together with satis-factory evidence of honorable service, shallbe filed with the director. The director shallmake such reasonable requirements for ap-plicants as may be necessary to preventfraud or the payment of compensation topersons not entitled thereto. [Created throughinitiative petition filed June 30, 1950, and adopted bythe people Nov. 7, 1950]

Section 10. Furnishing forms; print-ing, office supplies and equipment;employes; payment of expenses. The di-rector shall furnish free of charge, upon re-quest, the necessary forms upon whichapplications may be made and may authorizethe county clerks, Veterans organizationsand other organizations, and notaries publicwilling to assist veterans without charge, toact for him in receiving application underthis act [sic], and shall furnish such clerks,organizations and notaries public, with theproper forms for such purpose. The directorhereby is authorized and directed with theapproval of the veterans’ advisory committee,to procure such printing, office supplies andequipment and to employ such persons asmay be necessary in order to properly carryout the provisions of this act [sic], and allexpense incurred by him in the administra-tion thereof shall be paid out of the WorldWar II Veterans’ Compensation Fund, in themanner provided by law for payment ofclaims from other state funds. [Created throughinitiative petition filed June 30, 1950, and adopted bythe people Nov. 7, 1950]


Art. XI-G§1 CONSTITUTION OF OREGON

ARTICLE XI-GHIGHER EDUCATION INSTITUTIONS

AND ACTIVITIES; COMMUNITYCOLLEGES

Sec. 1. State empowered to lend credit for financinghigher education institutions and activities,and community colleges

2. Bonds3. Sources of revenue

Section 1. State empowered to lendcredit for financing higher education in-stitutions and activities, and communitycolleges. (1) Notwithstanding the limitationscontained in section 7, Article XI of thisConstitution, and in addition to other excep-tions from the limitations of such section,the credit of the state may be loaned and in-debtedness incurred in an amount not to ex-ceed at any time three-fourths of one percentof the true cash value of all taxable propertyin the state, as determined by law.

(2) Proceeds from any loan authorized orindebtedness incurred under this sectionshall be used to provide funds with which toacquire, construct, improve, repair, equip andfurnish buildings, structures, land and otherprojects, or parts thereof, that the Legisla-tive Assembly determines will benefit highereducation institutions or activities or com-munity colleges authorized by law to receivestate aid.

(3) The amount of any indebtedness in-curred under this section in any bienniumshall be matched by an amount that is atleast equal to the amount of the indebted-ness. The matching amount must be used forthe same or similar purposes as the proceedsof the indebtedness and may consist of mon-eys appropriated from the General Fund orany other moneys available to the construct-ing authority for such purposes. However,the matching amount may not consist ofproceeds of indebtedness incurred by thestate under any other Article of this Consti-tution. Any matching amount appropriatedfrom the General Fund to meet the require-ments of this subsection must be specificallydesignated therefor by the Legislative As-sembly.

(4) Nothing in this section prevents thefinancing of projects, or parts thereof, by acombination of the moneys available underthis section, under Article XI-F(1) of thisConstitution, and from other lawful sources.[Created through H.J.R. 8, 1963 (s.s.), and adopted bythe people May 15, 1964; Amendment proposed by H.J.R.2, 1967 (s.s.), and adopted by the people May 28, 1968;Amendment proposed by H.J.R. 101, 2010, and adoptedby the people May 18, 2010]

Section 2. Bonds. Bonds issued pursuantto this Article shall be the direct generalobligations of the state and shall be in suchform, run for such periods of time, and bearsuch rates of interest as the Legislative As-sembly provides. Such bonds may be refundedwith bonds of like obligation. [Created throughH.J.R. 8, 1963 (s.s.), and adopted by the people May 15,1964]

Section 3. Sources of revenue. Advalorem taxes shall be levied annually uponthe taxable property within the State of Or-egon in sufficient amount to provide for theprompt payment of bonds issued pursuant tothis Article and the interest thereon. TheLegislative Assembly may provide other re-venues to supplement or replace, in whole orin part, such tax levies. [Created through H.J.R.8, 1963 (s.s.), and adopted by the people May 15, 1964]

ARTICLE XI-HPOLLUTION CONTROL

Sec. 1. State empowered to lend credit for financingpollution control facilities or related activ-ities

2. Only facilities 70 percent self-supporting andself-liquidating authorized; exceptions

3. Authority of public bodies to receive funds4. Sources of revenue5. Bonds6. Legislation to effectuate Article

Section 1. State empowered to lendcredit for financing pollution control fa-cilities or related activities. In the mannerprovided by law and notwithstanding thelimitations contained in sections 7 and 8,Article XI, of this Constitution, the credit ofthe State of Oregon may be loaned and in-debtedness incurred in an amount not to ex-ceed, at any one time, one percent of thetrue cash value of all taxable property in thestate:

(1) To provide funds to be advanced, bycontract, grant, loan or otherwise, to anymunicipal corporation, city, county or agencyof the State of Oregon, or combinationsthereof, for the purpose of planning, acquisi-tion, construction, alteration or improvementof facilities for or activities related to, thecollection, treatment, dilution and disposalof all forms of waste in or upon the air, wa-ter and lands of this state; and

(2) To provide funds for the acquisition,by purchase, loan or otherwise, of bonds,notes or other obligations of any municipalcorporation, city, county or agency of theState of Oregon, or combinations thereof, is-sued or made for the purposes of subsection(1) of this section. [Created through H.J.R. 14, 1969,and adopted by the people May 26, 1970; Amendmentproposed by S.J.R. 41, 1989, and adopted by the peopleMay 22, 1990]


CONSTITUTION OF OREGON Art. XI-I(1)§2

Section 2. Only facilities 70 percentself-supporting and self-liquidating au-thorized; exceptions. The facilities forwhich funds are advanced and for whichbonds, notes or other obligations are issuedor made and acquired pursuant to this Arti-cle shall be only such facilities asconservatively appear to the agency desig-nated by law to make the determination tobe not less than 70 percent self-supportingand self-liquidating from revenues, gifts,grants from the Federal Government, usercharges, assessments and other fees. Thissection shall not apply to any activities forwhich funds are advanced and shall not ap-ply to facilities for the collection, treatment,dilution, removal and disposal of hazardoussubstances. [Created through H.J.R. 14, 1969, andadopted by the people May 26, 1970; Amendment pro-posed by S.J.R. 41, 1989, and adopted by the people May22, 1990]

Section 3. Authority of public bodiesto receive funds. Notwithstanding the limi-tations contained in section 10, Article XI ofthis Constitution, municipal corporations,cities, counties, and agencies of the State ofOregon, or combinations thereof, may receivefunds referred to in section 1 of this Article,by contract, grant, loan or otherwise andmay also receive such funds through disposi-tion to the state, by sale, loan or otherwise,of bonds, notes or other obligations issued ormade for the purposes set forth in section 1of this Article. [Created through H.J.R. 14, 1969,and adopted by the people May 26, 1970]

Section 4. Sources of revenue. Advalorem taxes shall be levied annually uponall taxable property within the State of Ore-gon in sufficient amount to provide, togetherwith the revenues, gifts, grants from theFederal Government, user charges, assess-ments and other fees referred to in section 2of this Article for the payment of indebted-ness incurred by the state and the interestthereon. The Legislative Assembly may pro-vide other revenues to supplement or replacesuch tax levies. [Created through H.J.R. 14, 1969,and adopted by the people May 26, 1970]

Section 5. Bonds. Bonds issued pursuantto section 1 of this Article shall be the directobligations of the state and shall be in suchform, run for such periods of time, and bearsuch rates of interest, as shall be providedby law. Such bonds may be refunded withbonds of like obligation. [Created through H.J.R.14, 1969, and adopted by the people May 26, 1970]

Section 6. Legislation to effectuateArticle. The Legislative Assembly shall en-act legislation to carry out the provisions ofthis Article. This Article shall supersede allconflicting constitutional provisions andshall supersede any conflicting provision of

a county or city charter or act of incorpo-ration. [Created through H.J.R. 14, 1969, and adoptedby the people May 26, 1970]

ARTICLE XI-I(1)WATER DEVELOPMENT PROJECTS

Sec. 1. State empowered to lend credit to establishWater Development Fund; eligibility; use

2. Bonds3. Refunding bonds4. Sources of revenue5. Legislation to effectuate Article

Section 1. State empowered to lendcredit to establish Water DevelopmentFund; eligibility; use. Notwithstanding thelimits contained in sections 7 and 8, ArticleXI of this Constitution, the credit of theState of Oregon may be loaned and indebted-ness incurred in an amount not to exceedone and one-half percent of the true cashvalue of all the property in the state for thepurpose of creating a fund to be known asthe Water Development Fund. The fund shallbe used to provide financing for loans forresidents of this state for construction ofwater development projects for irrigation,drainage, fish protection, watershed restora-tion and municipal uses and for the acquisi-tion of easements and rights of way for waterdevelopment projects authorized by law. Se-cured repayment thereof shall be and is aprerequisite to the advancement of moneyfrom such fund. As used in this section,“resident” includes both natural persons andany corporation or cooperative, either forprofit or nonprofit, whose principal incomeis from farming in Oregon or municipal orquasi-municipal or other body subject to thelaws of the State of Oregon. Not less than50 percent of the potential amount availablefrom the fund will be reserved for irrigationand drainage projects. For municipal use,only municipalities and communities withpopulations less than 30,000 are eligible forloans from the fund. [Created through S.J.R. 1,1977, and adopted by the people Nov. 8, 1977; Amend-ment proposed by S.J.R. 6, 1981, and adopted by thepeople May 18, 1982; Amendment proposed by H.J.R. 45,1987, and adopted by the people May 17, 1988]

Section 2. Bonds. Bonds of the State ofOregon containing a direct promise on behalfof the state to pay the face value thereof,with the interest therein provided for, maybe issued to an amount authorized by section1 of this Article for the purpose of creatingsuch fund. The bonds shall be a direct obli-gation of the state and shall be in such formand shall run for such periods of time andbear such rates of interest as provided bystatute. [Created through S.J.R. 1, 1977, and adoptedby the people Nov. 8, 1977]


Art. XI-I(1)§3 CONSTITUTION OF OREGON

Section 3. Refunding bonds. Refundingbonds may be issued and sold to refund anybonds issued under authority of sections 1and 2 of this Article. There may be issuedand outstanding at any time bonds aggregat-ing the amount authorized by section 1 ofthis Article but at no time shall the total ofall bonds outstanding, including refundingbonds, exceed the amount so authorized.[Created through S.J.R. 1, 1977, and adopted by thepeople Nov. 8, 1977]

Section 4. Sources of revenue. Advalorem taxes shall be levied annually uponall the taxable property in the State of Ore-gon in sufficient amount to provide for thepayment of principal and interest of thebonds issued pursuant to this Article. TheLegislative Assembly may provide other re-venues to supplement or replace, in whole orin part, such tax levies. [Created through S.J.R.1, 1977, and adopted by the people Nov. 8, 1977]

Section 5. Legislation to effectuateArticle. The Legislative Assembly shall en-act legislation to carry out the provisions ofthis Article. This Article supersedes anyconflicting provision of a county or citycharter or act of incorporation. [Createdthrough S.J.R. 1, 1977, and adopted by the people Nov.8, 1977]

ARTICLE XI-I(2)MULTIFAMILY HOUSING FOR

ELDERLY AND DISABLED

Sec. 1. State empowered to lend credit for multifam-ily housing for elderly and disabled persons

2. Sources of revenue3. Bonds4. Legislation to effectuate Article

Section 1. State empowered to lendcredit for multifamily housing for elderlyand disabled persons. In the manner pro-vided by law and notwithstanding the limita-tions contained in section 7, Article XI ofthis Constitution, the credit of the State ofOregon may be loaned and indebtedness in-curred in an amount not to exceed, at anyone time, one-half of one percent of the truecash value of all taxable property in thestate to provide funds to be advanced, bycontract, grant, loan or otherwise, for thepurpose of providing additional financing formultifamily housing for the elderly and fordisabled persons. Multifamily housing meansa structure or facility designed to containmore than one living unit. Additional financ-ing may be provided to the elderly to pur-chase ownership interest in the structure orfacility. [Created through H.J.R. 61, 1977, and adoptedby the people May 23, 1978; Amendment proposed byS.J.R. 34, 1979, and adopted by the people May 20, 1980;Amendment proposed by H.J.R. 1, 1981, and adopted bythe people May 18, 1982]

Section 2. Sources of revenue. Thebonds shall be payable from contract or loanproceeds; bond reserves; other funds avail-able for these purposes; and, if necessary,state ad valorem taxes. [Created through H.J.R.61, 1977, and adopted by the people May 23, 1978]

Section 3. Bonds. Bonds issued pursuantto section 1 of this Article shall be the directobligations of the state and shall be in suchform, run for such periods of time and bearsuch rates of interest as shall be provided bylaw. The bonds may be refunded with bondsof like obligation. [Created through H.J.R. 61, 1977,and adopted by the people May 23, 1978]

Section 4. Legislation to effectuateArticle. The Legislative Assembly shall en-act legislation to carry out the provisions ofthis Article. This Article shall supersede allconflicting constitutional provisions. [Createdthrough H.J.R. 61, 1977, and adopted by the people May23, 1978]

ARTICLE XI-JSMALL SCALE LOCAL ENERGY

LOANS

Sec. 1. State empowered to loan credit for smallscale local energy loans; eligibility; use

2. Bonds3. Refunding bonds4. Sources of revenue5. Legislation to effectuate Article

Section 1. State empowered to loancredit for small scale local energy loans;eligibility; use. Notwithstanding the limitscontained in sections 7 and 8, Article XI ofthis Constitution, the credit of the State ofOregon may be loaned and indebtedness in-curred in an amount not to exceed one-halfof one percent of the true cash value of allthe property in the state for the purpose ofcreating a fund to be known as the SmallScale Local Energy Project Loan Fund. Thefund shall be used to provide financing forthe development of small scale local energyprojects. Secured repayment thereof shall beand is a prerequisite to the advancement ofmoney from such fund. [Created through S.J.R.24, 1979, and adopted by the people May 20, 1980]

Section 2. Bonds. Bonds of the State ofOregon containing a direct promise on behalfof the state to pay the face value thereof,with the interest therein provided for, maybe issued to an amount authorized by section1 of this Article for the purpose of creatingsuch fund. The bonds shall be a direct obli-gation of the state and shall be in such formand shall run for such periods of time andbear such rates of interest as provided bystatute. [Created through S.J.R. 24, 1979, and adoptedby the people May 20, 1980]


CONSTITUTION OF OREGON Art. XI-K§5

Section 3. Refunding bonds. Refundingbonds may be issued and sold to refund anybonds issued under authority of sections 1and 2 of this Article. There may be issuedand outstanding at any time bonds aggregat-ing the amount authorized by section 1 ofthis Article but at no time shall the total ofall bonds outstanding including refundingbonds, exceed the amount so authorized.[Created through S.J.R. 24, 1979, and adopted by thepeople May 20, 1980]

Section 4. Sources of revenue. Advalorem taxes shall be levied annually uponall the taxable property in the State of Ore-gon in sufficient amount to provide for thepayment of principal and interest of thebonds issued pursuant to this Article. TheLegislative Assembly may provide other re-venues to supplement or replace, in whole orin part, such tax levies. [Created through S.J.R.24, 1979, and adopted by the people May 20, 1980]

Section 5. Legislation to effectuateArticle. The Legislative Assembly shall en-act legislation to carry out the provisions ofthis Article. This Article supersedes anyconflicting provision of a county or citycharter or act of incorporation. [Createdthrough S.J.R. 24, 1979, and adopted by the people May20, 1980]

ARTICLE XI-KGUARANTEE

OF BONDED INDEBTEDNESS OF EDUCATION DISTRICTS

Sec. 1. State empowered to guarantee bonded in-debtedness of education districts

2. State empowered to lend credit for stateguarantee of bonded indebtedness of educa-tion districts

3. Repayment by education districts4. Sources of revenue5. Bonds6. Legislation to effectuate Article

Section 1. State empowered to guar-antee bonded indebtedness of educationdistricts. To secure lower interest costs onthe general obligation bonds of school dis-tricts, education service districts and com-munity college districts, the State of Oregonmay guarantee the general obligation bondedindebtedness of those districts as provided insections 2 to 6 of this Article and laws en-acted pursuant to this Article. [Created throughH.J.R. 71, 1997, and adopted by the people Nov. 3, 1998]

Section 2. State empowered to lendcredit for state guarantee of bonded in-debtedness of education districts. In themanner provided by law and notwithstandingthe limitations contained in sections 7 and8, Article XI of this Constitution, the creditof the State of Oregon may be loaned andindebtedness incurred, in an amount not to

exceed, at any one time, one-half of one per-cent of the true cash value of all taxableproperty in the state, to provide funds asnecessary to satisfy the state guaranty of thebonded general obligation indebtedness ofschool districts, education service districtsand community college districts that qualify,under procedures that shall be established bylaw, to issue general obligation bonds thatare guaranteed by the full faith and creditof this state. The state may guarantee thegeneral obligation debt of qualified schooldistricts, education service districts andcommunity college districts and may guaran-tee general obligation bonded indebtednessincurred to refund the school district, educa-tion service district or community collegedistrict general obligation bonded indebted-ness. [Created through H.J.R. 71, 1997, and adoptedby the people Nov. 3, 1998]

Section 3. Repayment by educationdistricts. The Legislative Assembly mayprovide that reimbursement to the state shallbe obtained from, but shall not be limited to,moneys that otherwise would be used for thesupport of the educational programs of theschool district, the education service districtor the community college district that in-curred the bonded indebtedness with respectto which any payment under the state’sguaranty is made. [Created through H.J.R. 71, 1997,and adopted by the people Nov. 3, 1998]

Section 4. Sources of revenue. TheState of Oregon may issue bonds if and asnecessary to provide funding to satisfy thestate’s guaranty obligations undertaken pur-suant to this Article. In addition, notwith-standing anything to the contrary in ArticleVIII of this Constitution, the state may bor-row available moneys from the CommonSchool Fund if such borrowing is reasonablynecessary to satisfy the state’s guaranty ob-ligations undertaken pursuant to this Arti-cle. The State of Oregon also may issuebonds if and as necessary to provide fundingto repay the borrowed moneys, and any in-terest thereon, to the Common School Fund.The bonds shall be payable from any moneysreimbursed to the state under section 3 ofthis Article, from any moneys recoverablefrom the school district, the education ser-vice district or the community college dis-trict that incurred the bonded indebtednesswith respect to which any payment under thestate’s guaranty is made, any other fundsavailable for these purposes and, if neces-sary, from state ad valorem taxes. [Createdthrough H.J.R. 71, 1997, and adopted by the peopleNov. 3, 1998]

Section 5. Bonds. Bonds of the state is-sued pursuant to this Article shall be the di-rect obligations of the state and shall be insuch form, run for such periods of time and


Art. XI-K§6 CONSTITUTION OF OREGON

bear such rates of interest as shall be pro-vided by law. The bonds may be refundedwith bonds of like obligation. [Created throughH.J.R. 71, 1997, and adopted by the people Nov. 3, 1998]

Section 6. Legislation to effectuateArticle. The Legislative Assembly shall en-act legislation to carry out the provisions ofthis Article, including provisions that au-thorize the state’s recovery, from any schooldistrict, education service district or commu-nity college district that incurred the bondedindebtedness with respect to which any pay-ment under the state’s guaranty is made, anyamounts necessary to make the state whole.This Article shall supersede all conflictingconstitutional provisions and shall supersedeany conflicting provision of any law, ordi-nance or charter pertaining to any schooldistrict, education service district or commu-nity college district. [Created through H.J.R. 71,1997, and adopted by the people Nov. 3, 1998]

ARTICLE XI-LOREGON HEALTH AND SCIENCE

UNIVERSITY

Sec. 1. State empowered to lend credit for financingcapital costs of Oregon Health and ScienceUniversity; bonds

2. Sources of repayment3. Refunding bonds4. Legislation to effectuate Article5. Relationship to conflicting provisions of

Constitution

Section 1. State empowered to lendcredit for financing capital costs of Ore-gon Health and Science University;bonds. (1) In the manner provided by lawand notwithstanding the limitations con-tained in section 7, Article XI of this Con-stitution, the credit of the State of Oregonmay be loaned and indebtedness incurred, inan aggregate outstanding principal amountnot to exceed, at any one time, one-half ofone percent of the real market value of allproperty in the state, to provide funds to fi-nance capital costs of Oregon Health andScience University. Bonds issued under thissection may not be paid from ad valoremproperty taxes.

(2) Any indebtedness incurred under thissection shall be in the form of general obli-gation bonds of the State of Oregon contain-ing a direct promise on behalf of the Stateof Oregon to pay the principal, premium, ifany, and interest on such bonds, in an ag-gregate outstanding principal amount not toexceed the amount authorized in subsection(1) of this section. The bonds shall be the di-rect obligation of the State of Oregon andshall be in such form, run for such period of

time, have such terms and bear such ratesof interest as may be provided by statute.The full faith and credit and taxing power ofthe State of Oregon shall be pledged to thepayment of the principal, premium, if any,and interest on such bonds provided, how-ever, that the ad valorem taxing power of theState of Oregon may not be pledged to thepayment of such bonds.

(3) The proceeds from bonds issued underthis section shall be used to finance capitalcosts of Oregon Health and Science Univer-sity and costs of issuing bonds pursuant tothis Article. Bonds issued under this sectionto finance capital costs of Oregon Health andScience University shall be issued in an ag-gregate principal amount that produces netproceeds for the university in an amountthat does not exceed $200 million.

(4) The proceeds from bonds issued underthis section may not be used to finance op-erating costs of Oregon Health and ScienceUniversity.

(5) As used in this Article, “bonds”means bonds, notes or other financial obli-gations of the State of Oregon issued underthis section. [Created through H.J.R. 19, 2001, andadopted by the people May 21, 2002]

Section 2. Sources of repayment. Theprincipal, premium, if any, interest and anyother amounts payable with respect to bondsissued under section 1 of this Article shallbe repaid as determined by the LegislativeAssembly from the following sources:

(1) Amounts appropriated for such pur-pose by the Legislative Assembly from theGeneral Fund, including any taxes levied topay the bonds other than ad valorem prop-erty taxes;

(2) Amounts allocated for such purposeby the Legislative Assembly from the pro-ceeds of the State Lottery or from the Mas-ter Settlement Agreement entered into onNovember 23, 1998, by the State of Oregonand leading United States tobacco productmanufacturers; and

(3) Amounts appropriated or allocated forsuch purpose by the Legislative Assemblyfrom other sources of revenue. [Created throughH.J.R. 19, 2001, and adopted by the people May 21, 2002]

Section 3. Refunding bonds. Bonds is-sued under section 1 of this Article may berefunded with bonds of like obligation.[Created through H.J.R. 19, 2001, and adopted by thepeople May 21, 2002]

Section 4. Legislation to effectuateArticle. The Legislative Assembly may enactlegislation to carry out the provisions of thisArticle. [Created through H.J.R. 19, 2001, and adoptedby the people May 21, 2002]


CONSTITUTION OF OREGON Art. XI-N§1

Section 5. Relationship to conflictingprovisions of Constitution. This Articleshall supersede all conflicting provisions ofthis constitution. [Created through H.J.R. 19, 2001,and adopted by the people May 21, 2002]

ARTICLE XI-MSEISMIC REHABILITATION OF

PUBLIC EDUCATION BUILDINGS

Sec. 1. State empowered to lend credit for seismicrehabilitation of public education buildings;bonds


ConstitutionNote: Article XI-M was designated as “Article

XI-L” by S.J.R. 21, 2001, and adopted by the people Nov.5, 2002.

Section 1. State empowered to lendcredit for seismic rehabilitation of publiceducation buildings; bonds. (1) In themanner provided by law and notwithstandingthe limitations contained in section 7, Arti-cle XI of this Constitution, the credit of theState of Oregon may be loaned and indebted-ness incurred, in an aggregate outstandingprincipal amount not to exceed, at any onetime, one-fifth of one percent of the realmarket value of all property in the state, toprovide funds for the planning and imple-mentation of seismic rehabilitation of publiceducation buildings, including surveying andconducting engineering evaluations of theneed for seismic rehabilitation.

(2) Any indebtedness incurred under thissection must be in the form of general obli-gation bonds of the State of Oregon contain-ing a direct promise on behalf of the Stateof Oregon to pay the principal, premium, ifany, interest and other amounts payable withrespect to the bonds, in an aggregate out-standing principal amount not to exceed theamount authorized in subsection (1) of thissection. The bonds are the direct obligationof the State of Oregon and must be in a form,run for a period of time, have terms and bearrates of interest as may be provided by stat-ute. The full faith and credit and taxingpower of the State of Oregon must bepledged to the payment of the principal, pre-mium, if any, and interest on the generalobligation bonds; however, the ad valoremtaxing power of the State of Oregon may notbe pledged to the payment of the bonds is-sued under this section.

(3) As used in this section, “public edu-cation building” means a building owned bythe State Board of Higher Education, aschool district, an education service district,a community college district or a community

college service district. [Created through S.J.R.21, 2001, and adopted by the people Nov. 5, 2002]

Section 2. Sources of repayment. Theprincipal, premium, if any, interest and otheramounts payable with respect to the generalobligation bonds issued under section 1 ofthis Article must be repaid as determined bythe Legislative Assembly from the followingsources:

(1) Amounts appropriated for the purposeby the Legislative Assembly from the Gen-eral Fund, including taxes, other than advalorem property taxes, levied to pay thebonds;

(2) Amounts allocated for the purpose bythe Legislative Assembly from the proceedsof the State Lottery or from the MasterSettlement Agreement entered into on No-vember 23, 1998, by the State of Oregon andleading United States tobacco product man-ufacturers; and

(3) Amounts appropriated or allocated forthe purpose by the Legislative Assembly fromother sources of revenue. [Created through S.J.R.21, 2001, and adopted by the people Nov. 5, 2002]

Section 3. Refunding bonds. Generalobligation bonds issued under section 1 ofthis Article may be refunded with bonds oflike obligation. [Created through S.J.R. 21, 2001,and adopted by the people Nov. 5, 2002]

Section 4. Legislation to effectuateArticle. The Legislative Assembly may enactlegislation to carry out the provisions of thisArticle. [Created through S.J.R. 21, 2001, and adoptedby the people Nov. 5, 2002]

Section 5. Relationship to conflictingprovisions of Constitution. This Articlesupersedes conflicting provisions of thisConstitution. [Created through S.J.R. 21, 2001, andadopted by the people Nov. 5, 2002]

ARTICLE XI-NSEISMIC REHABILITATION OF

EMERGENCY SERVICES BUILDINGS

Sec. 1. State empowered to lend credit for seismicrehabilitation of emergency services build-ings; bonds


ConstitutionNote: Article XI-N was designated as “Article

XI-L” by S.J.R. 22, 2001, and adopted by the people Nov.5, 2002.

Section 1. State empowered to lendcredit for seismic rehabilitation of emer-gency services buildings; bonds. (1) In themanner provided by law and notwithstandingthe limitations contained in section 7, Arti-cle XI of this Constitution, the credit of the


Art. XI-N§2 CONSTITUTION OF OREGON

State of Oregon may be loaned and indebted-ness incurred, in an aggregate outstandingprincipal amount not to exceed, at any onetime, one-fifth of one percent of the realmarket value of all property in the state, toprovide funds for the planning and imple-mentation of seismic rehabilitation of emer-gency services buildings, including surveyingand conducting engineering evaluations ofthe need for seismic rehabilitation.

(2) Any indebtedness incurred under thissection must be in the form of general obli-gation bonds of the State of Oregon contain-ing a direct promise on behalf of the Stateof Oregon to pay the principal, premium, ifany, interest and other amounts payable withrespect to the bonds, in an aggregate out-standing principal amount not to exceed theamount authorized in subsection (1) of thissection. The bonds are the direct obligationof the State of Oregon and must be in a form,run for a period of time, have terms and bearrates of interest as may be provided by stat-ute. The full faith and credit and taxingpower of the State of Oregon must bepledged to the payment of the principal, pre-mium, if any, and interest on the generalobligation bonds; however, the ad valoremtaxing power of the State of Oregon may notbe pledged to the payment of the bonds is-sued under this section.

(3) As used in this section:(a) “Acute inpatient care facility” means

a licensed hospital with an organized medicalstaff, with permanent facilities that includeinpatient beds, and with comprehensive med-ical services, including physician servicesand continuous nursing services under thesupervision of registered nurses, to providediagnosis and medical or surgical treatmentprimarily for but not limited to acutely illpatients and accident victims. “Acute inpa-tient care facility” includes the OregonHealth and Science University.

(b) “Emergency services building” meansa public building used for fire protectionservices, a hospital building that contains anacute inpatient care facility, a police station,a sheriff’s office or a similar facility used bya state, county, district or municipal law en-forcement agency. [Created through S.J.R. 22, 2001,and adopted by the people Nov. 5, 2002]

Section 2. Sources of repayment. Theprincipal, premium, if any, interest and otheramounts payable with respect to the generalobligation bonds issued under section 1 ofthis Article must be repaid as determined bythe Legislative Assembly from the followingsources:

(1) Amounts appropriated for the purposeby the Legislative Assembly from the Gen-eral Fund, including taxes, other than ad

valorem property taxes, levied to pay thebonds;

(2) Amounts allocated for the purpose bythe Legislative Assembly from the proceedsof the State Lottery or from the MasterSettlement Agreement entered into on No-vember 23, 1998, by the State of Oregon andleading United States tobacco product man-ufacturers; and

(3) Amounts appropriated or allocated forthe purpose by the Legislative Assembly fromother sources of revenue. [Created through S.J.R.22, 2001, and adopted by the people Nov. 5, 2002]

Section 3. Refunding bonds. Generalobligation bonds issued under section 1 ofthis Article may be refunded with bonds oflike obligation. [Created through S.J.R. 22, 2001,and adopted by the people Nov. 5, 2002]



ARTICLE XI-OPENSION LIABILITIES

Sec. 1. State empowered to lend credit for pensionliabilities

2. Refunding obligations3. Legislation to effectuate Article4. Relationship to conflicting provisions of

Constitution

Section 1. State empowered to lendcredit for pension liabilities. (1) In themanner provided by law and notwithstandingthe limitations contained in section 7, Arti-cle XI of this Constitution, the credit of theState of Oregon may be loaned and indebted-ness incurred to finance the State ofOregon’s pension liabilities. Indebtedness au-thorized by this section also may be used topay costs of issuing or incurring indebted-ness under this section.

(2) Indebtedness incurred under this sec-tion is a general obligation of the State ofOregon and must contain a direct promise onbehalf of the State of Oregon to pay theprincipal, premium, if any, and interest onthat indebtedness. The State of Oregon shallpledge its full faith and credit and taxingpower to pay that indebtedness; however, thead valorem taxing power of the State of Or-egon may not be pledged to pay that indebt-edness. The amount of indebtednessauthorized by this section and outstanding


CONSTITUTION OF OREGON Art. XI-P§4

at any time may not exceed one percent ofthe real market value of all property in thestate. [Created through H.J.R. 18, 2003, and adoptedby the people Sept. 16, 2003]

Section 2. Refunding obligations. In-debtedness incurred under section 1 of thisArticle may be refunded with like obli-gations. [Created through H.J.R. 18, 2003, andadopted by the people Sept. 16, 2003]

Section 3. Legislation to effectuateArticle. The Legislative Assembly may enactlegislation to carry out the provisions of thisArticle. [Created through H.J.R. 18, 2003, and adoptedby the people Sept. 16, 2003]

Section 4. Relationship to conflictingprovisions of Constitution. This Articlesupersedes all conflicting provisions of thisConstitution. [Created through H.J.R. 18, 2003, andadopted by the people Sept. 16, 2003]

ARTICLE XI-PSCHOOL DISTRICT CAPITAL COSTS

Sec. 1. State empowered to lend credit for grants orloans to school districts to finance capitalcosts; general obligation bond proceeds asmatching funds

2. Sources of repayment3. Refunding bonds4. School capital matching fund5. “Capital costs” defined6. Legislation to effectuate Article7. Relationship to conflicting provision of Con-

stitution

Section 1. State empowered to lendcredit for grants or loans to school dis-tricts to finance capital costs; generalobligation bond proceeds as matchingfunds. (1) In the manner provided by lawand notwithstanding the limitations con-tained in section 7, Article XI of this Con-stitution, the State of Oregon may loan itscredit and incur indebtedness, in an aggre-gate outstanding principal amount not to ex-ceed, at any one time, one-half of one percentof the real market value of the real propertyin this state, to provide funds to be advancedby grant or loan to school districts to financethe capital costs of the school districts.Bonds issued under this section may not bepaid from ad valorem property taxes.

(2) Indebtedness incurred under this sec-tion must be in the form of general obli-gation bonds of the State of Oregoncontaining a direct promise to pay the prin-cipal, interest and premium, if any, of thebonds in an aggregate outstanding principalamount not to exceed the amount authorizedin subsection (1) of this section. The bondsare the direct obligation of the State of Ore-gon and must be in such form, run for suchperiods of time, have such terms and bearsuch rates of interest as may be provided by

statute. The State of Oregon shall pledge itsfull faith and credit and taxing power to thepayment of the principal, interest and pre-mium, if any, of the bonds. However, theState of Oregon may not pledge its advalorem taxing power to the payment of thebonds.

(3) The proceeds from bonds issued underthis section may be used only to providematching funds to finance the capital costsof school districts that have received voterapproval for local general obligation bondsand to provide for the costs of issuing bondsand the payment of debt service.

(4) The proceeds from bonds issued underthis section may not be used to finance theoperating costs of school districts. [Createdthrough H.J.R. 13, 2009, and adopted by the people May18, 2010]

Section 2. Sources of repayment. Theprincipal, interest and premium, if any, ofthe bonds issued under section 1 of this Ar-ticle must be repaid as determined by theLegislative Assembly from the followingsources:

(1) Amounts appropriated for repaymentby the Legislative Assembly from the Gen-eral Fund, including taxes levied to pay thebonds except ad valorem property taxes;

(2) Amounts appropriated or allocated forrepayment by the Legislative Assembly fromother sources of revenue; or

(3) Any other available moneys. [Createdthrough H.J.R. 13, 2009, and adopted by the people May18, 2010]

Section 3. Refunding bonds. Bonds is-sued under section 1 of this Article may berefunded with bonds of like obligation.[Created through H.J.R. 13, 2009, and adopted by thepeople May 18, 2010]

Section 4. School capital matchingfund. (1) There is created a school capitalmatching fund. Moneys in the fund may beinvested and the earnings shall be retainedin the fund or expended as provided by theLegislative Assembly.

(2) The Legislative Assembly may by lawappropriate, allocate or transfer moneys orrevenue to the school capital matching fund.

(3) The Legislative Assembly may appro-priate, allocate or transfer moneys in theschool capital matching fund and earnings onmoneys in the fund for the purposes of pro-viding:

(a) State matching funds to school dis-tricts to finance capital costs; and

(b) Payment of debt service for generalobligation bonds issued pursuant to this Ar-ticle. [Created through H.J.R. 13, 2009, and adoptedby the people May 18, 2010]


Art. XI-P§5 CONSTITUTION OF OREGON

Section 5. “Capital costs” defined. Asused in this Article, “capital costs” meanscosts of land and of other assets having auseful life of more than one year, includingcosts associated with acquisition, construc-tion, improvement, remodeling, furnishing,equipping, maintenance or repair. [Createdthrough H.J.R. 13, 2009, and adopted by the people May18, 2010]

Section 6. Legislation to effectuateArticle. The Legislative Assembly may enactlegislation to carry out the provisions of thisArticle. [Created through H.J.R. 13, 2009, and adoptedby the people May 18, 2010]

Section 7. Relationship to conflictingprovision of Constitution. This Article su-persedes any conflicting provision of thisConstitution. [Created through H.J.R. 13, 2009, andadopted by the people May 18, 2010]

ARTICLE XI-QREAL OR PERSONAL PROPERTY

OWNED OR OPERATED BY STATESec. 1. State empowered to lend credit for real or

personal property to be owned or operatedby state; refinancing authority

2. Limit on indebtedness; general obligation ofstate

3. Legislation to effectuate Article4. Relationship to conflicting provisions of

ConstitutionNote: Article XI-Q was designated as “Article

XI-P” by S.J.R. 48, 2010, and adopted by the people Nov.2, 2010.

Section 1. State empowered to lendcredit for real or personal property to beowned or operated by state; refinancingauthority. (1) In the manner provided bylaw and notwithstanding the limitations con-tained in section 7, Article XI of this Con-stitution, the credit of the State of Oregonmay be loaned and indebtedness incurred tofinance the costs of:

(a) Acquiring, constructing, remodeling,repairing, equipping or furnishing real orpersonal property that is or will be owned oroperated by the State of Oregon, including,without limitation, facilities and systems;

(b) Infrastructure related to the real orpersonal property; or

(c) Indebtedness incurred under this sub-section.

(2) In the manner provided by law andnotwithstanding the limitations contained insection 7, Article XI of this Constitution, thecredit of the State of Oregon may be loanedand indebtedness incurred to refinance:

(a) Indebtedness incurred under subsec-tion (1) of this section.

(b) Borrowings issued before the effectivedate of this Article to finance or refinance

costs described in subsection (1) of this sec-tion. [Created through S.J.R. 48, 2010, and adopted bythe people Nov. 2, 2010]

Note: The effective date of Senate Joint Resolution48, 2010, is Dec. 2, 2010.

Section 2. Limit on indebtedness;general obligation of state. (1) Indebted-ness may not be incurred under section 1 ofthis Article if the indebtedness would causethe total principal amount of indebtednessincurred under section 1 of this Article andoutstanding to exceed one percent of the realmarket value of the property in this state.

(2) Indebtedness incurred under section1 of this Article is a general obligation of theState of Oregon and must contain a directpromise on behalf of the State of Oregon topay the principal, premium, if any, and in-terest on the obligation. The full faith andcredit and taxing power of the State of Ore-gon must be pledged to payment of the in-debtedness. However, the State of Oregonmay not pledge or levy an ad valorem tax topay the indebtedness. [Created through S.J.R. 48,2010, and adopted by the people Nov. 2, 2010]



ARTICLE XIISTATE PRINTING

Section 1. State printing; StatePrinter. Laws may be enacted providing forthe state printing and binding, and for theelection or appointment of a state printer,who shall have had not less than ten years’experience in the art of printing. The stateprinter shall receive such compensation asmay from time to time be provided by law.Until such laws shall be enacted the stateprinter shall be elected, and the printingdone as heretofore provided by this constitu-tion and the general laws. [Constitution of 1859;Amendment proposed by S.J.R. 1, 1901, and adopted bythe people June 6, 1904; Amendment proposed by initi-ative petition filed Feb. 3, 1906, and adopted by thepeople June 4, 1906]

ARTICLE XIIISALARIES

Section 1. Salaries or other compensation ofstate officers. [Constitution of 1859; Repeal proposedby S.J.R. 12, 1955, and adopted by the people Nov. 6,1956]


CONSTITUTION OF OREGON Art. XV§3

ARTICLE XIVSEAT OF GOVERNMENT

Sec. 1. Seat of government2. Erection of state house prior to 1865

Section 1. Seat of government. [Constitution of1859; Repeal proposed by S.J.R. 41, 1957, and adoptedby the people Nov. 4, 1958 (present section 1 and former1958 section 3 of this Article adopted in lieu of thissection and former original section 3 of this Article)]

Section 1. Seat of government. Thepermanent seat of government for the stateshall be Marion County. [Created through S.J.R.41, 1957, and adopted by the people Nov. 4, 1958 (thissection and former 1958 section 3 of this Article adoptedin lieu of former original sections 1 and 3 of thisArticle)]

Section 2. Erection of state houseprior to 1865. No tax shall be levied, ormoney of the State expended, or debt con-tracted for the erection of a State Houseprior to the year eighteen hundred and sixtyfive. —

Section 3. Limitation on removal of seat ofgovernment; location of state institutions.[Constitution of 1859; Amendment proposed by S.J.R. 1,1907, and adopted by the people June 1, 1908; Repealproposed by S.J.R. 41, 1957, and adopted by the peopleNov. 4, 1958 (present section 1 and former 1958 section3 of this Article adopted in lieu of this section and for-mer section 1 of this Article)]

Section 3. Location and use of state insti-tutions. [Created through S.J.R. 41, 1957, and adoptedby the people Nov. 4, 1958 (this section, designated as“Section 2” by S.J.R. 41, 1957, and present section 1 ofthis Article adopted in lieu of former original sections1 and 3 of this Article); Repeal proposed by S.J.R. 9,1971, and adopted by the people Nov. 7, 1972]

ARTICLE XVMISCELLANEOUS

Sec. 1. Officers to hold office until successorselected; exceptions; effect on defeated incum-bent

2. Tenure of office; how fixed; maximum tenure3. Oaths of office4. Regulation of lotteries; state lottery; use of

net proceeds from state lottery4a. Use of net proceeds from state lottery for

parks and recreation areas4b. Use of net proceeds from state lottery for

fish and wildlife, watershed and habitat pro-tection

4c. Audit of agency receiving certain net pro-ceeds from state lottery

4f. Percentage of lottery revenues to be ex-pended for benefit of veterans

5. Property of married women not subject todebts of husband; registration of separateproperty

5a. Policy regarding marriage6. Minimum area and population of counties7. Officers not to receive fees from or represent

claimants against state8. Persons eligible to serve in legislature; em-

ployment of judges by Oregon NationalGuard or public university

9. When elective office becomes vacant10. The Oregon Property Protection Act of 2000

11. Home Care Commission

Section 1. Officers to hold office untilsuccessors elected; exceptions; effect ondefeated incumbent. (1) All officers, exceptmembers of the Legislative Assembly and in-cumbents who seek reelection and are de-feated, shall hold their offices until theirsuccessors are elected, and qualified.

(2) If an incumbent seeks reelection andis defeated, he shall hold office only until theend of his term; and if an election contest ispending in the courts regarding that officewhen the term of such an incumbent endsand a successor to the office has not beenelected or if elected, has not qualified be-cause of such election contest, the personappointed to fill the vacancy thus createdshall serve only until the contest and anyappeal is finally determined notwithstandingany other provision of this constitution.[Constitution of 1859; Amendment proposed by H.J.R. 51,1969, and adopted by the people Nov. 3, 1970]

Section 2. Tenure of office; how fixed;maximum tenure. When the duration ofany office is not provided for by this Consti-tution, it may be declared by law; and if notso declared, such office shall be held duringthe pleasure of the authority making the ap-pointment. But the Legislative Assemblyshall not create any office, the tenure ofwhich shall be longer than four years.

Section 3. Oaths of office. Every personelected or appointed to any office under thisConstitution, shall, before entering on theduties thereof, take an oath or affirmation tosupport the Constitution of the UnitedStates, and of this State, and also an oath ofoffice. —

Note: The amendments to sections 4, 4a, 4b and 4cand the repeal of section 4d by Measure No. 76, 2010,as submitted to the people were preceded by a preamblethat reads as follows:

PREAMBLE: The people of the State of Oregon findthat renewing the current dedication in the OregonConstitution of fifteen percent of lottery revenues toparks, water quality and fish and wildlife habitats willprovide lasting social, economic, environmental andpublic health benefits.

The people of the State of Oregon also find that renewalof the Parks and Natural Resources Fund will supportvoluntary efforts to:

(1) Protect and restore water quality, watershedsand habitats for native fish and wildlife that provide ahealthy environment for current and future generationsof Oregonians;

(2) Maintain and expand public parks, naturalareas and recreation areas to meet the diverse needs ofa growing population and to provide opportunities for[sic] to experience nature and enjoy outdoor recreationactivities close to home and in the many special placesthroughout Oregon;

(3) Provide jobs and economic opportunities im-proving the health of our forests, prairies, lakes,streams, wetlands, rivers, and parks, including effortsto halt the spread of invasive species;


Art. XV§4 CONSTITUTION OF OREGON

(4) Strengthen the audit and reporting require-ments, identify desired outcomes and specify allowableuses of the fund in order to provide more strategic, ac-countable and efficient uses of the Parks and NaturalResources Fund; and

(5) Enhance the ability of public land managers,private organizations, individuals and businesses towork together in local, regional and statewide partner-ships to expand recreation opportunities, improve waterquality and conserve fish and wildlife habitat.

Section 4. Regulation of lotteries;state lottery; use of net proceeds fromstate lottery. (1) Except as provided in sub-sections (2), (3), (4), (8) and (9) of this section,lotteries and the sale of lottery tickets, forany purpose whatever, are prohibited, andthe Legislative Assembly shall prevent thesame by penal laws.

(2) The Legislative Assembly may providefor the establishment, operation, and regu-lation of raffles and the lottery commonlyknown as bingo or lotto by charitable,fraternal, or religious organizations. As usedin this section, charitable, fraternal or reli-gious organization means such organizationsor foundations as defined by law because oftheir charitable, fraternal, or religious pur-poses. The regulations shall define eligibleorganizations or foundations, and may pre-scribe the frequency of raffles, bingo or lotto,set a maximum monetary limit for prizes andrequire a statement of the odds on winninga prize. The Legislative Assembly shall vestthe regulatory authority in any appropriatestate agency.

(3) There is hereby created the StateLottery Commission which shall establishand operate a State Lottery. All proceedsfrom the State Lottery, including interest,but excluding costs of administration andpayment of prizes, shall be used for any ofthe following purposes: creating jobs, fur-thering economic development, financingpublic education in Oregon or restoring andprotecting Oregon’s parks, beaches, water-sheds and native fish and wildlife.

(4)(a) The State Lottery Commission shallbe comprised of five members appointed bythe Governor and confirmed by the Senatewho shall serve at the pleasure of the Gov-ernor. At least one of the Commissionersshall have a minimum of five years experi-ence in law enforcement and at least one ofthe Commissioners shall be a certified publicaccountant. The Commission is empoweredto promulgate rules related to the proceduresof the Commission and the operation of theState Lottery. Such rules and any statutesenacted to further implement this articleshall insure the integrity, security, honesty,and fairness of the Lottery. The Commissionshall have such additional powers and dutiesas may be provided by law.

(b) The Governor shall appoint a Directorsubject to confirmation by the Senate whoshall serve at the pleasure of the Governor.The Director shall be qualified by trainingand experience to direct the operations of astate-operated lottery. The Director shall beresponsible for managing the affairs of theCommission. The Director may appoint andprescribe the duties of no more than fourAssistant Directors as the Director deemsnecessary. One of the Assistant Directorsshall be responsible for a security division toassure security, integrity, honesty, and fair-ness in the operations and administration ofthe State Lottery. To fulfill these responsi-bilities, the Assistant Director for securityshall be qualified by training and experience,including at least five years of law enforce-ment experience, and knowledge and experi-ence in computer security.

(c) The Director shall implement and op-erate a State Lottery pursuant to the rules,and under the guidance, of the Commission.The State Lottery may operate any gameprocedure authorized by the commission, ex-cept parimutuel racing, social games, and thegames commonly known in Oregon as bingoor lotto, whereby prizes are distributed usingany existing or future methods among adultpersons who have paid for tickets or sharesin that game; provided that, in lottery gamesutilizing computer terminals or other de-vices, no coins or currency shall ever be dis-pensed directly to players from suchcomputer terminals or devices.

(d) There is hereby created within theGeneral Fund the Oregon State Lottery Fundwhich is continuously appropriated for thepurpose of administering and operating theCommission and the State Lottery. The StateLottery shall operate as a self-supportingrevenue-raising agency of state governmentand no appropriations, loans, or other trans-fers of state funds shall be made to it. TheState Lottery shall pay all prizes and all ofits expenses out of the revenues it receivesfrom the sale of tickets or shares to thepublic and turnover the net proceeds there-from to a fund to be established by the Leg-islative Assembly from which the LegislativeAssembly shall make appropriations for thebenefit of any of the following public pur-poses: creating jobs, furthering economic de-velopment, financing public education inOregon or restoring and protecting Oregon’sparks, beaches, watersheds and native fishand wildlife. Effective July 1, 1997, 15% ofthe net proceeds from the State Lottery shallbe deposited, from the fund created by theLegislative Assembly under this paragraph,in an education stability fund. Effective July1, 2003, 18% of the net proceeds from theState Lottery shall be deposited, from the



fund created by the Legislative Assemblyunder this paragraph, in an education stabil-ity fund. Earnings on moneys in the educa-tion stability fund shall be retained in thefund or expended for the public purpose offinancing public education in Oregon as pro-vided by law. Except as provided in subsec-tion (6) of this section, moneys in theeducation stability fund shall be invested asprovided by law and shall not be subject tothe limitations of section 6, Article XI of thisConstitution. The Legislative Assembly mayappropriate other moneys or revenue to theeducation stability fund. The Legislative As-sembly shall appropriate amounts sufficientto pay lottery bonds before appropriating thenet proceeds from the State Lottery for anyother purpose. At least 84% of the total an-nual revenues from the sale of all lotterytickets or shares shall be returned to thepublic in the form of prizes and net revenuesbenefiting the public purpose.

(5) Notwithstanding paragraph (d) of sub-section (4) of this section, the amount in theeducation stability fund created under para-graph (d) of subsection (4) of this section maynot exceed an amount that is equal to fivepercent of the amount that was accrued asrevenues in the state’s General Fund duringthe prior biennium. If the amount in the ed-ucation stability fund exceeds five percent ofthe amount that was accrued as revenues inthe state’s General Fund during the priorbiennium:

(a) Additional net proceeds from theState Lottery may not be deposited in theeducation stability fund until the amount inthe education stability fund is reduced to lessthan five percent of the amount that was ac-crued as revenues in the state’s GeneralFund during the prior biennium; and

(b) Fifteen percent of the net proceedsfrom the State Lottery shall be deposited intothe school capital matching fund created un-der section 4, Article XI-P of this Constitu-tion.

(6) The Legislative Assembly may by lawappropriate, allocate or transfer any portionof the principal of the education stabilityfund created under paragraph (d) of subsec-tion (4) of this section for expenditure onpublic education if:

(a) The proposed appropriation, allocationor transfer is approved by three-fifths of themembers serving in each house of the Legis-lative Assembly and the Legislative Assem-bly finds one of the following:

(A) That the last quarterly economic andrevenue forecast for a biennium indicatesthat moneys available to the state’s GeneralFund for the next biennium will be at leastthree percent less than appropriations from

the state’s General Fund for the currentbiennium;

(B) That there has been a decline for twoor more consecutive quarters in the last 12months in seasonally adjusted nonfarm pay-roll employment; or

(C) That a quarterly economic and re-venue forecast projects that revenues in thestate’s General Fund in the current bienniumwill be at least two percent below what therevenues were projected to be in the revenueforecast on which the legislatively adoptedbudget for the current biennium was based;or

(b) The proposed appropriation, allocationor transfer is approved by three-fifths of themembers serving in each house of the Legis-lative Assembly and the Governor declaresan emergency.

(7) The Legislative Assembly may by lawprescribe the procedures to be used andidentify the persons required to make theforecasts described in subsection (6) of thissection.

(8) Effective July 1, 1999, 15% of the netproceeds from the State Lottery shall be de-posited in a parks and natural resources fundcreated by the Legislative Assembly. Of themoneys in the parks and natural resourcesfund, 50% shall be deposited in a parks sub-account and distributed for the public pur-poses of financing the protection, repair,operation, and creation of state, regional andlocal public parks, ocean shore and publicbeach access areas, historic sites and recre-ation areas, and 50% shall be deposited in anatural resources subaccount and distributedfor the public purposes of financing the res-toration and protection of native fish andwildlife, watersheds and water quality in Or-egon. The Legislative Assembly shall notlimit expenditures from the parks and na-tural resources fund, or from the parks ornatural resources subaccounts. The Legisla-tive Assembly may appropriate other moneysor revenue to the parks and natural re-sources fund.

(9) Only one State Lottery operationshall be permitted in the State.

(10) The Legislative Assembly has nopower to authorize, and shall prohibit,casinos from operation in the State of Ore-gon. [Constitution of 1859; Amendment proposed byH.J.R. 14, 1975, and adopted by the people Nov. 2, 1976;Amendment proposed by initiative petition filed April3, 1984, and adopted by the people Nov. 6, 1984 (para-graph designations in subsection (4) were not includedin the petition); Amendment proposed by H.J.R. 20, 1985,and adopted by the people Nov. 4, 1986; Amendmentproposed by H.J.R. 15, 1995, and adopted by the peopleMay 16, 1995; Amendment proposed by initiative petitionfiled March 11, 1998, and adopted by the people Nov.3, 1998; Amendment proposed by H.J.R. 80, 2002 (3d s.s.),


Art. XV§4a CONSTITUTION OF OREGON

and adopted by the people Sept. 17, 2002; Revision pro-posed by H.J.R. 13, 2009, and adopted by the people May18, 2010; Amendment proposed by initiative petition filedDec. 22, 2009, and adopted by the people Nov. 2, 2010]

Note: The amendments to section 4, as adopted bythe people in Measure No. 66, 1998, incorrectly set forththe text of section 4 as it existed at the time the meas-ure was submitted to the people. The text of the meas-ure, as approved by the voters, was printed here.

Note: The amendments to section 4, as adopted bythe people in Measure No. 76, 2010, at the Nov. 2010general election did not set forth the text of section 4as it was revised by the people in Measure No. 68, 2010(H.J.R. 13, 2009), at the May 2010 primary election. Thetext of section 4, as revised by Measure No. 68, 2010,and amended by Measure No. 76, 2010, is printed here.

Section 4a. Use of net proceeds fromstate lottery for parks and recreationareas. (1) In each biennium the LegislativeAssembly shall appropriate all of the moneysin the parks subaccount of the parks andnatural resources fund established undersection 4 of this Article for the uses allowedin subsection (2) of this section, and toachieve all of the following:

(a) Provide additional public parks, na-tural areas or outdoor recreational areas tomeet the needs of current and future resi-dents of the State of Oregon;

(b) Protect natural, cultural, historic andoutdoor recreational resources of state orregional significance;

(c) Manage public parks, natural areasand outdoor recreation areas to ensure theirlong-term ecological health and provide forthe enjoyment of current and future resi-dents of the State of Oregon; and

(d) Provide diverse and equitable oppor-tunities for residents of the State of Oregonto experience nature and participate in out-door recreational activities in state, regional,local or neighborhood public parks and re-creation areas.

(2) The moneys in the parks subaccountshall be used only to:

(a) Maintain, construct, improve, develop,manage and operate state parks, oceanshores, public beach access areas, historicsites, natural areas and outdoor and recre-ation areas;

(b) Acquire real property, or intereststherein, that has significant natural, scenic,cultural, historic or recreational values, forthe creation or operation of state parks,ocean shores, public beach access areas, out-door recreation areas and historic sites; and

(c) Provide grants to regional or localgovernment entities to acquire property forpublic parks, natural areas or outdoor recre-ation areas, or to develop or improve publicparks, natural areas or outdoor recreationareas.

(3) In each biennium the Legislative As-sembly shall appropriate no less than twelvepercent of the moneys in the parks subac-count for local and regional grants as au-thorized under paragraph (c) of subsection (2)of this section. However, if in any bienniumthe amount of net proceeds deposited in theparks and natural resources fund createdunder section 4 of this Article increases bymore than fifty percent above the amountdeposited in the 2009-2011 biennium, theLegislative Assembly shall appropriate noless than twenty-five percent of the moneysin the parks subaccount for local and re-gional grants as authorized under paragraph(c) of subsection (2) of this section. Thegrants shall be administered by a single stateagency. The costs of the state agency in ad-ministering the grants shall not be paid outof the portion of the moneys in the parkssubaccount appropriated for local and re-gional grants. [Created through initiative petitionfiled March 11, 1998, and adopted by the people Nov.3, 1998; Amendment proposed by initiative petition filedDec. 22, 2009, and adopted by the people Nov. 2, 2010]

Section 4b. Use of net proceeds fromstate lottery for fish and wildlife, water-shed and habitat protection. (1) In eachbiennium the Legislative Assembly shall ap-propriate all of the moneys in the naturalresources subaccount of the parks and na-tural resources fund established under sec-tion 4 of this Article for the uses allowed insubsections (2) and (3) of this section, and toaccomplish all of the following:

(a) Protect and improve water quality inOregon’s rivers, lakes, and streams by re-storing natural watershed functions orstream flows;

(b) Secure long-term protection for landsand waters that provide significant habitatsfor native fish and wildlife;

(c) Restore and maintain habitats neededto sustain healthy and resilient populationsof native fish and wildlife;

(d) Maintain the diversity of Oregon’splants, animals and ecosystems;

(e) Involve people in voluntary actions toprotect, restore and maintain the ecologicalhealth of Oregon’s lands and waters; and

(f) Remedy the conditions that limit thehealth of fish and wildlife, habitats and wa-tershed functions in greatest need of conser-vation.

(2) In each biennium the Legislative As-sembly shall appropriate no less than sixty-five percent of the moneys in the naturalresources subaccount to one state agency,and that agency shall distribute those mon-eys as grants to entities other than state orfederal agencies for projects that achieve theoutcomes specified in subsection (1) of this


CONSTITUTION OF OREGON Art. XV§4f

section. However, if in any biennium theamount of net proceeds deposited in theparks and natural resources fund createdunder section 4 of this Article increases bymore than fifty percent above the amountdeposited in the 2009-2011 biennium, theLegislative Assembly shall appropriate noless than seventy percent of the moneys inthe natural resources subaccount to onestate agency, and that agency shall distributethose moneys as grants to entities other thanstate or federal agencies for projects thatachieve the outcomes specified in subsection(1) of this section. In addition, these moneysshall be used only to:

(a) Acquire from willing owners interestsin land or water that will protect or restorenative fish or wildlife habitats, which inter-ests may include but are not limited to feeinterests, conservation easements or leases;

(b) Carry out projects to protect or re-store native fish or wildlife habitats;

(c) Carry out projects to protect or re-store natural watershed functions to improvewater quality or stream flows; and

(d) Carry out resource assessment, plan-ning, design and engineering, technical as-sistance, monitoring and outreach activitiesnecessary for projects funded under para-graphs (a) through (c) of this subsection.

(3) In each biennium the Legislative As-sembly shall appropriate that portion of thenatural resources subaccount not appropri-ated under subsection (2) of this section tosupport all of the following activities:

(a) Develop, implement or update stateconservation strategies or plans to protect orrestore native fish or wildlife habitats or toprotect or restore natural watershed func-tions to improve water quality or streamflows;

(b) Develop, implement or update re-gional or local strategies or plans that areconsistent with the state strategies or plansdescribed in paragraph (a) of this subsection;

(c) Develop, implement or update statestrategies or plans to prevent, detect, controlor eradicate invasive species that threatennative fish or wildlife habitats or that impairwater quality;

(d) Support local delivery of programs orprojects, including watershed education ac-tivities, that protect or restore native fish orwildlife habitats or watersheds;

(e) Pay the state agency costs of admin-istering subsection (2) of this section, whichcosts shall not be paid out of the moneysavailable for grants under subsection (2) ofthis section; and

(f) Enforce fish and wildlife and habitatprotection laws and regulations. [Createdthrough initiative petition filed March 11, 1998, andadopted by the people Nov. 3, 1998; Amendment pro-posed by initiative petition filed Dec. 22, 2009, andadopted by the people Nov. 2, 2010]

Section 4c. Audit of agency receivingcertain net proceeds from state lottery.The Secretary of State shall regularly auditany state agency that receives moneys fromthe parks and natural resources fund estab-lished under section 4 of this Article to ad-dress the financial integrity, compliance withapplicable laws, efficiency and effectivenessof the use of the moneys. The costs of theaudit shall be paid from the parks and na-tural resources fund. However, such costsmay not be paid from the portions of suchfund, or the subaccounts of the fund, that arededicated to grants. The audit shall be sub-mitted to the Legislative Assembly as partof a biennial report to the Legislative As-sembly. In addition, each agency that re-ceives moneys from the parks and naturalresources fund shall submit a biennial per-formance report [sic] the Legislature [sic]Assembly that describes the measurable bi-ennial and cumulative results of activitiesand programs financed by the fund. [Createdthrough initiative petition filed March 11, 1998, andadopted by the people Nov. 3, 1998; Amendment pro-posed by initiative petition filed Dec. 22, 2009, andadopted by the people Nov. 2, 2010]

Note: Added as section 4c to the Constitution butnot to any Article therein by initiative petition (Meas-ure No. 66, 1998) adopted by the people Nov. 3, 1998.

Section 4d. Subsequent vote for reaffirmationof sections 4a, 4b and 4c and amendment to section4. [Created through initiative petition filed March 11,1998, and adopted by the people Nov. 3, 1998; Repealproposed by initiative petition filed Dec. 22, 2009, andadopted by the people Nov. 2, 2010]

Section 4e. Transfer of moneys in school capi-tal matching subaccount to school capital match-ing fund created under section 4, Article XI-P.[Created through H.J.R. 13, 2009, and adopted by thepeople May 18, 2010; Repealed Jan. 2, 2011, as specifiedin text of section adopted by the people May 18, 2010]

Section 4f. Percentage of lottery re-venues to be expended for benefit of vet-erans. (1) Effective July 1, 2017, 1.5 percentof the net proceeds from the State Lotteryshall be deposited, from the fund created bythe Legislative Assembly under paragraph (d)of subsection (4) of section 4 of this Article,in a veterans’ services fund created by theLegislative Assembly. The Legislative As-sembly may appropriate other moneys or re-venue to the veterans’ services fund.

(2) The moneys in the veterans’ servicesfund may be used only to provide services forthe benefit of veterans. Such services mayinclude, without limitation:

(a) Assistance for veterans with reinte-gration, employment, education benefits and



tuition, housing, physical and mental healthcare and addiction treatment programs;

(b) Assistance for veterans, spouses ofveterans or dependents of veterans in ac-cessing state and federal benefits; and

(c) Funding services provided by countyveterans’ service officers, campus veterans’service officers or nonprofit or tribalveterans’ service officers.

(3) As used in this section, “veteran”means a resident of the State of Oregon whoserved in the Armed Forces of the UnitedStates. [Created through H.J.R. 202, 2016, and adoptedby the people Nov. 8, 2016]

Section 5. Property of married womennot subject to debts of husband; regis-tration of separate property. The propertyand pecuniary rights of every marriedwoman, at the time of marriage or after-wards, acquired by gift, devise, or inher-itance shall not be subject to the debts, orcontracts of the husband; and laws shall bepassed providing for the registration of thewife’s seperate [sic] property.

Section 5a. Policy regarding marriage.It is the policy of Oregon, and its politicalsubdivisions, that only a marriage betweenone man and one woman shall be valid orlegally recognized as a marriage. [Createdthrough initiative petition filed March 2, 2004, andadopted by the people Nov. 2, 2004]


Section 6. Minimum area and popu-lation of counties. No county shall be re-duced to an area of less than four hundredsquare miles; nor shall any new county beestablished in this State containing a lessarea, nor unless such new county shall con-tain a population of at least twelve hundredinhabitants.

Section 7. Officers not to receive feesfrom or represent claimants againststate. No State officers, or members of theLegislative Assembly, shall directly or indi-rectly receive a fee, or be engaged as coun-sel, agent, or Attorney in the prosecution ofany claim against this State. —

Section 8. Certain persons not to hold real es-tate or mining claims; working mining claims.[Constitution of 1859; Repeal proposed by S.J.R. 14, 1945,and adopted by the people Nov. 5, 1946]

Section 8. Persons eligible to serve inlegislature; employment of judges by Or-egon National Guard or public university.Notwithstanding the provisions of section 1,Article III and section 10, Article II of thisConstitution:

(1) A person employed by any board orcommission established by law to supervise

and coordinate the activities of Oregon’s in-stitutions of post-secondary education, a per-son employed by a public university asdefined by law or a member or employee ofany school board is eligible to serve as amember of the Legislative Assembly, andmembership in the Legislative Assembly doesnot prevent the person from being employedby any board or commission established bylaw to supervise and coordinate the activitiesof Oregon’s post-secondary institutions of ed-ucation or by a public university as definedby law, or from being a member or employeeof a school board.

(2) A person serving as a judge of anycourt of this state may be employed by theOregon National Guard for the purpose ofperforming military service or may be em-ployed by any public university as defined bylaw for the purpose of teaching, and the em-ployment does not prevent the person fromserving as a judge. [Created through initiative pe-tition filed June 13, 1958, and adopted by the peopleNov. 4, 1958; Amendment proposed by S.J.R. 203, 2014,and adopted by the people Nov. 4, 2014]

Section 8a. [Created through S.J.R. 203, 2014, andadopted by the people Nov. 4, 2014; Section not compiledbecause of its temporary nature]

Section 9. When elective office be-comes vacant. The Legislative Assemblymay provide that any elective public officebecomes vacant, under such conditions orcircumstances as the Legislative Assemblymay specify, whenever a person holding theoffice is elected to another public office morethan 90 days prior to the expiration of theterm of the office he is holding. For the pur-poses of this section, a person elected isconsidered to be elected as of the date theelection is held. [Created through S.J.R. 41, 1959,and adopted by the people Nov. 8, 1960]

Section 10. The Oregon Property Pro-tection Act of 2000. (1) This section may beknown and shall be cited as the “OregonProperty Protection Act of 2000.”

(2) Statement of principles. The People,in the exercise of the power reserved to themunder the Constitution of the State of Ore-gon, declare that:

(a) A basic tenet of a democratic societyis that a person is presumed innocent andshould not be punished until proven guilty;

(b) The property of a person generallyshould not be forfeited in a forfeiture pro-ceeding by government unless and until thatperson is convicted of a crime involving theproperty;

(c) The value of property forfeited shouldbe proportional to the specific conduct forwhich the owner of the property has beenconvicted; and



(d) Proceeds from forfeited propertyshould be used for treatment of drug abuseunless otherwise specified by law for anotherpurpose.

(3) Forfeitures prohibited without con-viction. Except as provided in this section, ajudgment of forfeiture of property in a civilforfeiture proceeding by the State or any ofits political subdivisions may not be entereduntil and unless the person claiming theproperty is convicted of a crime in Oregonor another jurisdiction and the property:

(a) Constitutes proceeds of the crime forwhich the claimant has been convicted;

(b) Was instrumental in committing orfacilitating the crime for which the claimanthas been convicted;

(c) Constitutes proceeds of one or moreother crimes similar to the crime for whichthe claimant was convicted; or

(d) Was instrumental in committing orfacilitating one or more other crimes similarto the crime for which the claimant wasconvicted.

(4) Forfeiture based on similar crimes.Property may be forfeited under paragraph(c) or (d) of subsection (3) of this section onlyif the claimant is notified in writing of theother crime or crimes claimed to be similarto the crime for which the claimant wasconvicted. The notice must be given at thetime the claimant is given notice of the sei-zure of the property for forfeiture, and theclaimant must have an opportunity to chal-lenge the seizure and forfeiture of the prop-erty.

(5) Forfeiture without conviction ofclaimant. The property of a claimant who hasnot been convicted of a crime may be for-feited in a civil forfeiture proceeding only ifthe claimant consents to the forfeiture of theproperty or the forfeiting agency proves theproperty constitutes proceeds or an instru-mentality of crime committed by anotherperson as described in subsection (3) of thissection and:

(a) The claimant took the property withthe intent to defeat forfeiture of the prop-erty;

(b) The claimant knew or should haveknown that the property constituted proceedsor an instrumentality of criminal conduct; or

(c) The claimant acquiesced in the crimi-nal conduct. A person shall be considered tohave acquiesced in criminal conduct if theperson knew of the criminal conduct andfailed to take reasonable action under thecircumstances to terminate the criminalconduct or prevent use of the property tocommit or facilitate the criminal conduct.

(6) Standard of proof. (a) Except as pro-vided in paragraph (b) of this subsection, ifthe property to be forfeited in a civil forfei-ture action is personal property, the forfeit-ing agency must prove the elements specifiedin subsection (3) or (5) of this section by apreponderance of the evidence. If the prop-erty to be forfeited in a civil forfeiture actionis real property, the forfeiting agency mustprove the elements specified in subsection (3)or (5) of this section by clear and convincingevidence.

(b) If a forfeiting agency establishes in aforfeiture proceeding that cash, weapons ornegotiable instruments were found in closeproximity to controlled substances or to in-strumentalities of criminal conduct, the bur-den is on any person claiming the cash,weapons or negotiable instruments to proveby a preponderance of the evidence that thecash, weapons or negotiable instruments arenot proceeds of criminal conduct or an in-strumentality of criminal conduct.

(7) Value of property forfeited. The valueof the property forfeited under the provisionsof this section may not be excessive andshall be substantially proportional to thespecific conduct for which the owner of theproperty has been convicted. For purposesof this section, “property” means any inter-est in anything of value, including the wholeof any lot or tract of land and tangible andintangible personal property, including cur-rency, instruments or securities or any otherkind of privilege, interest, claim or rightwhether due or to become due. Nothing inthis section shall prohibit a person from vol-untarily giving a judgment of forfeiture.

(8) Financial institutions. In a civilforfeiture proceeding, if a financial institu-tion claiming an interest in the propertydemonstrates that it holds an interest, thefinancial institution’s interest is not subjectto forfeiture.

(9) Exception for unclaimed property andcontraband. Notwithstanding the provisionsof subsection (3) of this section, if, followingnotice to all persons known to have an in-terest or who may have an interest, no per-son claims an interest in the seized propertyor if the property is contraband, a judgmentof forfeiture may be allowed and enteredwithout a criminal conviction. For purposesof this subsection, “contraband” means per-sonal property, articles or things, includingbut not limited to controlled substances ordrug paraphernalia, that a person is prohib-ited by Oregon statute or local ordinancefrom producing, obtaining or possessing.

(10) Exception for forfeiture of animals.This section does not apply to the forfeiture



of animals that have been abused, neglectedor abandoned.

(11) Law enforcement seizures unaffected.Nothing in this section shall be construed toaffect the temporary seizure of property forevidentiary, forfeiture, or protective pur-poses, or to alter the power of the Governorto remit fines or forfeitures under Article V,Section 14, of this Constitution.

(12) Disposition of property to drugtreatment. Any sale of forfeited propertyshall be conducted in a commercially rea-sonable manner. Property forfeited in a civilforfeiture proceeding shall be distributed orapplied in the following order:

(a) To the satisfaction of any foreclosedliens, security interests and contracts in theorder of their priority;

(b) To the State or any of its politicalsubdivisions for actual and reasonable ex-penses related to the costs of the forfeitureproceeding, including attorney fees, storage,maintenance, management, and dispositionof the property incurred in connection withthe sale of any forfeited property; and

(c) To the State or any of its politicalsubdivisions to be used exclusively for drugtreatment, unless another disposition is spe-cially provided by law.

(13) Restrictions on State transfers. Nei-ther the State of Oregon, its political subdi-visions, nor any forfeiting agency shalltransfer forfeiture proceedings to the federalgovernment unless a state court has affirma-tively found that:

(a) The activity giving rise to the forfei-ture is interstate in nature and sufficientlycomplex to justify the transfer;

(b) The seized property may only be for-feited under federal law; or

(c) Pursuing forfeiture under state lawwould unduly burden the state forfeitingagencies.

(14) Penalty for violations. Any personacting under color of law, official title orposition who takes any action intending toconceal, transfer, withhold, retain, divert orotherwise prevent any moneys, conveyances,real property, or any things of value forfeitedunder the law of this State or the UnitedStates from being applied, deposited or usedin accordance with the requirements of thissection shall be subject to a civil penalty inan amount treble the value of the forfeitedproperty concealed, transferred, withheld, re-tained or diverted. Nothing in this subsectionshall be construed to impair judicial immu-nity if otherwise applicable.

(15) Reporting requirement. All forfeitingagencies shall report the nature and disposi-

tion of all property seized for forfeiture orforfeited to a State asset forfeiture oversightcommittee that is independent of any forfeit-ing agency. The asset forfeiture oversightcommittee shall generate and make availableto the public an annual report of the infor-mation collected. The asset forfeiture over-sight committee shall also makerecommendations to ensure that asset forfei-ture proceedings are handled in a mannerthat is fair to innocent property owners andinterest holders.

(16) Severability. If any part of this sec-tion or its application to any person or cir-cumstance is held to be invalid for anyreason, then the remaining parts or applica-tions to any persons or circumstances shallnot be affected but shall remain in full forceand effect. [Created through initiative petition filedJan. 5, 2000, and adopted by the people Nov. 7, 2000;Amendment proposed by S.J.R. 18, 2007, and adoptedby the people May 20, 2008]

Note: The leadlines to section 10 and subsections(2), (3), (9) and (11) to (16) of section 10 were a part ofthe measure submitted by initiative petition (MeasureNo. 3, 2000) adopted by the people Nov. 7, 2000. Theleadlines to subsections (4) to (8) and (10) of section 10were a part of S.J.R. 18, 2007, which was adopted by thepeople May 20, 2008.

Note: The text of section 11 (sections 1 to 3,Measure No. 99, 2000) as submitted to the people waspreceded by a preamble that reads as follows:

WHEREAS, thousands of Oregon seniors and per-sons with disabilities live independently in their ownhomes, which they prefer and is less costly than insti-tutional care (i.e. nursing homes), because over 10,000home care workers, (also known as client employedproviders), paid by the State of Oregon provide in-homesupport services;

WHEREAS, home care workers provide servicesthat range from housekeeping, shopping, meal prepara-tion, money management and personal care to medicalcare and treatment, but receive little, if any, training inthose areas resulting in a detrimental impact on qualityof care;

WHEREAS, the quality of care provided to seniorsand people with disabilities is diminished when there isa lack of stability in the workforce which is the resultof home care workers receiving low wages, minimaltraining and benefits;

WHEREAS, both home care workers and clientsreceiving home care services would benefit from creat-ing an entity which has the authority to provide, andis held accountable for the quality of services providedin Oregon’s in-home system of long-term care.

Section 11. Home Care Commission.(1) Ensuring High Quality Home Care Ser-vices: Creation and Duties of the QualityHome Care Commission. (a) The Home CareCommission is created as an independentpublic commission consisting of nine mem-bers appointed by the Governor.

(b) The duties and functions of the HomeCare Commission include, but are not limitedto:

(A) Ensuring that high quality, compre-hensive home care services are provided to



the elderly and people with disabilities whoreceive personal care services in their homesby home care workers hired directly by theclient and financed by payments from theState or by payments from a county or otherpublic agency which receives money for thatpurpose from the State;

(B) Providing routine, emergency and re-spite referrals of qualified home care provid-ers to the elderly and people with disabilitieswho receive personal care services by homecare workers hired directly by the client andfinanced in whole or in part by the State, orby payment from a county or other publicagency which receives money for that pur-pose from the State;

(C) Provide training opportunities forhome care workers, seniors and people withdisabilities as consumers of personal careservices;

(D) Establish qualifications for home careworkers;

(E) Establish and maintain a registry ofqualified home care workers;

(F) Cooperate with area agencies on ag-ing and disability services and other localagencies to provide the services describedand set forth in this section.

(2) Home Care CommissionOperation/Selection. (a) The Home CareCommission shall be comprised of nine mem-bers. Five members of the Commission shallbe current or former consumers of home careservices for the elderly or people with disa-bilities. One member shall be a represen-tative of the Oregon Disabilities Commission,(or a successor entity, for as long as a com-parable entity exists). One member shall bea representative of the Governor’s Commis-sion on Senior Services, (or a successor en-tity, for as long as a comparable entityexists). One member shall be a representativeof the Oregon Association of Area Agencieson Aging and Disabilities, (or a successorentity, for as long as a comparable entityexists). One member shall be a representativeof the Senior and Disabled Services Division,(or a successor entity, for as long as a com-parable entity exists).

(b) The term of office of each member isthree years, subject to confirmation by theSenate. If there is a vacancy for any cause,the Governor shall make an appointment tobecome immediately effective for the unex-pired term. A member is eligible for reap-pointment and may serve no more than threeconsecutive terms. In making appointmentsto the Commission, the Governor may takeinto consideration any nominations or rec-ommendations made by the representativegroups or agencies.

(3) Other Provisions — Legal Duties andResponsibilities of the Commission. (a) TheHome Care Commission shall, in its ownname, for the purpose of carrying into effectand promoting its functions, have authorityto contract, lease, acquire, hold, own, en-cumber, insure, sell, replace, deal in andwith and dispose of real and personal prop-erty.

(b) When conducting any activities inthis Section or in subsection (1) of this sec-tion, and in making decisions relating tothose activities, the Home Care Commissionshall first consider the effect of its activitiesand its decisions on improving the quality ofservice delivery and ensuring adequate hoursof service are provided to clients who areserved by home care workers.

(c) Clients of home care services retaintheir right to select the providers of theirchoice, including family members.

(d) Employees of the Commission are notemployees of the State of Oregon for anypurpose.

(e) Notwithstanding the provisions inparagraph (d) of this subsection, the State ofOregon shall be held responsible for unem-ployment insurance payments for home careworkers.

(f) For purposes of collective bargaining,the Commission shall be the employer of re-cord of home care workers hired directly bythe client and paid by the State, or by acounty or other public agency which receivesmoney for that purpose from the State. Homecare workers have the right to form, join andparticipate in the activities of labor organ-izations of their own choosing for the pur-pose of representation and collectivebargaining with the Commission on mattersconcerning employment relations. Theserights shall be exercised in accordance withthe rights granted to public employees withmediation and interest arbitration as themethod of concluding the collective bargain-ing process. Home care workers shall nothave the right to strike.

(g) The Commission may adopt rules tocarry out its functions. [Created through initi-ative petition filed Nov. 10, 1999, and adopted by thepeople Nov. 7, 2000]

Note: The leadlines to subsections (1), (2) and (3)of section 11, except the periods in subsections (2) and(3), were a part of the measure submitted to the peopleby initiative petition (Measure No. 99, 2000) and adoptedby the people Nov. 7, 2000.

Note: Section 11 was submitted to the voters assections 1, 2 and 3 and added to the Constitution butnot to any Article therein by Measure No. 99, 2000.

Note: In Measure No. 99, 2000, subsection (1)(a)and (b)(A) to (F) were designated as section 1 (A) and(B)(1) to (6); subsection (2)(a) and (b) as section 2 (A)and (B); and subsection (3)(a) to (g) as section 3 (A) to(G). The reference to subsection (1) of this section was


Art. XVI§1 CONSTITUTION OF OREGON

a reference to Section 1 above, and the reference toparagraph (d) of this subsection was a reference tosubsection (D) of this section.

Note: In Measure No. 99, 2000, the period in sub-section (1)(b)(F) appeared as a semicolon, and there wasno period in subsection (3)(e).

ARTICLE XVIBOUNDARIES

Section 1. State boundaries. The Stateof Oregon shall be bounded as provided bysection 1 of the Act of Congress of February1859, admitting the State of Oregon into theUnion of the United States, until:

(1) Such boundaries are modified by ap-propriate interstate compact or compactsheretofore or hereafter approved by the Con-gress of the United States; or

(2) The Legislative Assembly by law ex-tends the boundaries or jurisdiction of thisstate an additional distance seaward underauthority of a law heretofore or hereafterenacted by the Congress of the UnitedStates. [Constitution of 1859; Amendment proposed byS.J.R. 4, 1957, and adopted by the people Nov. 4, 1958;Amendment proposed by H.J.R. 24, 1967, and adoptedby the people Nov. 5, 1968]

ARTICLE XVIIAMENDMENTS AND REVISIONS

Sec. 1. Method of amending Constitution2. Method of revising Constitution

Section 1. Method of amending Con-stitution. Any amendment or amendmentsto this Constitution may be proposed in ei-ther branch of the legislative assembly, andif the same shall be agreed to by a majorityof all the members elected to each of the twohouses, such proposed amendment or amend-ments shall, with the yeas and nays thereon,be entered in their journals and referred bythe secretary of state to the people for theirapproval or rejection, at the next regulargeneral election, except when the legislativeassembly shall order a special election forthat purpose. If a majority of the electorsvoting on any such amendment shall vote infavor thereof, it shall thereby become a partof this Constitution. The votes for andagainst such amendment, or amendments, se-verally, whether proposed by the legislativeassembly or by initiative petition, shall becanvassed by the secretary of state in thepresence of the governor, and if it shall ap-pear to the governor that the majority of thevotes cast at said election on said amend-ment, or amendments, severally, are cast infavor thereof, it shall be his duty forthwithafter such canvass, by his proclamation, to

declare the said amendment, or amendments,severally, having received said majority ofvotes to have been adopted by the people ofOregon as part of the Constitution thereof,and the same shall be in effect as a part ofthe Constitution from the date of such proc-lamation. When two or more amendmentsshall be submitted in the manner aforesaidto the voters of this state at the sameelection, they shall be so submitted that eachamendment shall be voted on separately. Noconvention shall be called to amend or pro-pose amendments to this Constitution, or topropose a new Constitution, unless the lawproviding for such convention shall first beapproved by the people on a referendum voteat a regular general election. This articleshall not be construed to impair the right ofthe people to amend this Constitution byvote upon an initiative petition therefor.[Created through initiative petition filed Feb. 3, 1906,and adopted by the people June 4, 1906]

Note: The above section replaces sections 1 and 2of Article XVII of the original Constitution.

Section 2. Method of revising Consti-tution. (1) In addition to the power to amendthis Constitution granted by section 1, Arti-cle IV, and section 1 of this Article, a re-vision of all or part of this Constitution maybe proposed in either house of the LegislativeAssembly and, if the proposed revision isagreed to by at least two-thirds of all themembers of each house, the proposed re-vision shall, with the yeas and nays thereon,be entered in their journals and referred bythe Secretary of State to the people for theirapproval or rejection, notwithstanding sec-tion 1, Article IV of this Constitution, at thenext regular state-wide primary election, ex-cept when the Legislative Assembly orders aspecial election for that purpose. A proposedrevision may deal with more than one sub-ject and shall be voted upon as one question.The votes for and against the proposed re-vision shall be canvassed by the Secretary ofState in the presence of the Governor and,if it appears to the Governor that the major-ity of the votes cast in the election on theproposed revision are in favor of the pro-posed revision, he shall, promptly followingthe canvass, declare, by his proclamation,that the proposed revision has received amajority of votes and has been adopted bythe people as the Constitution of the Stateof Oregon or as a part of the Constitution ofthe State of Oregon, as the case may be. Therevision shall be in effect as the Constitutionor as a part of this Constitution from thedate of such proclamation.

(2) Subject to subsection (3) of this sec-tion, an amendment proposed to the Consti-tution under section 1, Article IV, or undersection 1 of this Article may be submitted to


CONSTITUTION OF OREGON Art. XVIII§4

the people in the form of alternative pro-visions so that one provision will become apart of the Constitution if a proposed re-vision is adopted by the people and the otherprovision will become a part of the Constitu-tion if a proposed revision is rejected by thepeople. A proposed amendment submitted inthe form of alternative provisions as author-ized by this subsection shall be voted uponas one question.

(3) Subsection (2) of this section appliesonly when:

(a) The Legislative Assembly proposesand refers to the people a revision undersubsection (1) of this section; and

(b) An amendment is proposed under sec-tion 1, Article IV, or under section 1 of thisArticle; and

(c) The proposed amendment will be sub-mitted to the people at an election held dur-ing the period between the adjournment ofthe legislative session at which the proposedrevision is referred to the people and thenext regular legislative session. [Createdthrough H.J.R. 5, 1959, and adopted by the people Nov.8, 1960]

ARTICLE XVIIISCHEDULE

Sec. 1. Election to accept or reject Constitution2. Questions submitted to voters3. Majority of votes required to accept or reject

Constitution4. Vote on certain sections of Constitution5. Apportionment of Senators and Represen-

tatives6. Election under Constitution; organization of

state7. Former laws continued in force8. Officers to continue in office9. Crimes against territory

10. Saving existing rights and liabilities11. Judicial districts

Section 1. Election to accept or rejectConstitution. For the purpose of taking thevote of the electors of the State, for the ac-ceptance or rejection of this Constitution, anelection shall be held on the second Mondayof November, in the year 1857, to be con-ducted according to existing laws regulatingthe election of Delegates in Congress, so faras applicable, except as herein otherwiseprovided.

Section 2. Questions submitted tovoters. Each elector who offers to vote uponthis Constitution, shall be asked by thejudges of election this question:

Do you vote for the Constitution? Yes,or No.

And also this question:

Do you vote for Slavery in Oregon? Yes,or No.

And in the poll books shall be columnsheaded respectively.

“Constitution, Yes.” “Constitution, No”“Slavery, Yes.” “Slavery, No”.

And the names of the electors shall beentered in the poll books, together with theiranswers to the said questions, under theirappropriate heads. The abstracts of the votestransmitted to the Secretary of the Territory,shall be publicly opened, and canvassed bythe Governor and Secretary, or by either ofthem in the absence of the other; and theGovernor, or in his absence the Secretary,shall forthwith issue his proclamation, andpublish the same in the several newspapersprinted in this State, declaring the result ofthe said election upon each of said questions.[Constitution of 1859; Amendment proposed by S.J.R. 7,2001, and adopted by the people Nov. 5, 2002]

Section 3. Majority of votes requiredto accept or reject Constitution. If a ma-jority of all the votes given for, and againstthe Constitution, shall be given for the Con-stitution, then this Constitution shall bedeemed to be approved, and accepted by theelectors of the State, and shall take effectaccordingly; and if a majority of such votesshall be given against the Constitution, thenthis Constitution shall be deemed to be re-jected by the electors of the State, and shallbe void. —

Section 4. Vote on certain sections ofConstitution. If this Constitution shall beaccepted by the electors, and a majority ofall the votes given for, and against slavery,shall be given for slavery, then the followingsection shall be added to the Bill of Rights,and shall be part of this Constitution:

“Sec. “Persons lawfully held asslaves in any State, Territory, or District ofthe United States, under the laws thereof,may be brought into this State, and suchSlaves, and their descendants may be held asslaves within this State, and shall not beemancipated without the consent of theirowners.”

And if a majority of such votes shall begiven against slavery, then the foregoingsection shall not, but the following sectionsshall be added to the Bill of Rights, and shallbe a part of this Constitution.

“Sec. There shall be neither slav-ery, nor involuntary servitude in the State,otherwise than as a punishment for crime,whereof the party shall have been duly con-victed.” [Constitution of 1859; Amendment proposedby S.J.R. 7, 2001, and adopted by the people Nov. 5,2002]


Art. XVIII§5 CONSTITUTION OF OREGON

Note: See sections 34 and 35 of Article I, OregonConstitution.

Section 5. Apportionment of Senatorsand Representatives. Until an enumerationof the inhabitants of the State shall be made,and the senators and representatives appor-tioned as directed in the Constitution, theCounty of Marion shall have two senators,and four representatives.Linn two senators, and four representatives.Lane two senators, and three representatives.Clackamas and Wasco, one senator jointly,

and Clackamas three representatives, andWasco one representative.

Yamhill one senator, and two represen-tatives.

Polk one senator, and two representatives.Benton one senator, and two representatives.Multnomah, one senator, and two represen-

tatives.Washington, Columbia, Clatsop, and Tilla-

mook one senator jointly, and Washing-ton one representative, and Washingtonand Columbia one representative jointly,and Clatsop and Tillamook one represen-tative jointly.

Douglas, one senator, and two represen-tatives.

Jackson one senator, and three represen-tatives.

Josephine one senator, and one represen-tative.

Umpqua, Coos and Curry, one senatorjointly, and Umpqua one representative,and Coos and Curry one representativejointly. [Constitution of 1859; Amendment pro-posed by S.J.R. 7, 2001, and adopted by the peopleNov. 5, 2002]

Section 6. Election under Constitu-tion; organization of state. If this Consti-tution shall be ratified, an election shall beheld on the first Monday of June 1858, forthe election of members of the LegislativeAssembly, a Representative in Congress, andState and County officers, and the Legisla-tive Assembly shall convene at the Capitalon the first Monday of July 1858, and pro-ceed to elect two senators in Congress, andmake such further provision as may be nec-essary to the complete organization of aState government. —

Section 7. Former laws continued inforce. All laws in force in the Territory ofOregon when this Constitution takes effect,and consistent therewith, shall continue inforce until altered, or repealed. —

Section 8. Officers to continue in of-fice. All officers of the Territory of Oregon,or under its laws, when this Constitutiontakes effect, shall continue in office, untilsuperseded by the State authorities. —

Section 9. Crimes against territory.Crimes and misdemeanors committed againstthe Territory of Oregon shall be punished bythe State, as they might have been punishedby the Territory, if the change of governmenthad not been made. —

Section 10. Saving existing rights andliabilities. All property and rights of theTerritory, and of the several counties, subdi-visions, and political bodies corporate, of, orin the Territory, including fines, penalties,forfeitures, debts and claims, of whatsoevernature, and recognizances, obligations, andundertakings to, or for the use of the Terri-tory, or any county, political corporation, of-fice, or otherwise, to or for the public, shallinure to the State, or remain to the county,local division, corporation, officer, or public,as if the change of government had not beenmade. And private rights shall not be af-fected by such change. —

Section 11. Judicial districts. Untilotherwise provided by law, the judicial dis-tricts of the State, shall be constituted asfollows: The counties of Jackson, Josephine,and Douglas, shall constitute the first dis-trict. The counties of Umpqua, Coos, Curry,Lane, and Benton, shall constitute the sec-ond district.—The counties of Linn, Marion,Polk, Yamhill and Washington, shall consti-tute the third district.—The counties ofClackamas, Multnomah, Wasco, Columbia,Clatsop, and Tillamook, shall constitute thefourth district—and the County of Tillamookshall be attached to the county of Clatsop forjudicial purposes. —


INDEXTO

CONSTITUTION OF OREGON2019 EDITION

ACCUSED Rights, Art. I §11

ADJOURNMENTLegislature, Art. IV §11, §12, §13

ADJUTANT GENERALAppointment, Governor, Art. X §3

AFFIRMATIONSSee OATHS AND AFFIRMATIONS, generally

ALCOHOLIC BEVERAGESSee INTOXICATING LIQUORS, generally

AMENDMENTSBills, Art. IV §18, §20, §22Charters, Art. XI §2Constitution of Oregon, Art. IV §1, Art. XVII §1, §2Indictments, Art. VII (Am) §5

APPEALS(Generally), Art. VII (Am) §3Affirmance, Art. VII (Am) §3Bill of exceptions, attaching testimony, instruc-

tions, Art. VII (Am) §3Circuit courts, to, Art. VII (Orig) §9Facts, reexamination, Art. VII (Am) §3Penalties, criminal, increase prohibited,

Art. VII (Am) §3Report of decisions to Secretary of State,

Art. VII (Am) §4, Art. VII (Orig) §7Supreme Court, to, Art. VII (Am) §3

APPOINTMENTSGovernor, see GOVERNORLegislature, see LEGISLATUREPro tempore

Effect on terms, Art. II §12Judges, Art. VII (Am) §1a, §2a

APPROPRIATIONSCatastrophic disasters, Art. X-A §2, §4Education, quality goals, sufficiency to meet,

Art. VIII §8Emergency expenditures, Art. III §3Higher education buildings, bonds, matching,

Art. XI-G §1Mandated activities, local governments, funding,

Art. XI §15Necessity, Art. IX §4Parks and natural resources fund, lottery pro-

ceeds, Art. XV §4a, §4bReligious purpose, limitations, Art. I §5

Salaries and expenses, public officers, Art. IX §7School district capital costs, Art. XI-P §2, §4Subject of appropriation measures limited,

Art. IX §7Veto, partial, Art. V §15a

ARRESTDebtors, Art. I §19Immunity of voter, Art. II §13Legislators, immunity, Art. IV §9Restrictions, Art. I §9Treatment of prisoners, Art. I §13

ASSEMBLYRight of, Art. I §26

ASSESSMENTS (MONETARY)Transfer of real property, prohibition, Art. IX §15

ATTORNEYSClaims against state, state officer not to act as

attorney, Art. XV §7Judges pro tem, as, Art. VII (Am) §2aRight to, criminal proceedings, Art. I §11

AUDITOR OF PUBLIC ACCOUNTSSecretary of State as, Art. VI §2

AUDITSState agencies receiving lottery proceeds,

Art. XV §4c

BAILExcessive prohibited, Art. I §16Nonbailable offenses, Art. I §43Right to, Art. I §14

BANKS AND BANKINGFormation, Art. XI §1, §2Money, issuing, prohibition, Art. XI §1State banks, prohibition, Art. XI §1Stockholders’ liability, Art. XI §3

BILL OF RIGHTSSee also CIVIL RIGHTS(Generally), Art. I

BILLSLegislative, see LEGISLATURE; STATUTES, gen-

erally


INDEX TO CONSTITUTION OF OREGON

BINGOCharitable, etc., organizations, Art. XV §4

BONDSCounties, see COUNTIESEducation

Capital costsOregon Health and Science University, Art. XI-

L §1, §2, §3, §4, §5School districts

(Generally), Art. XI-P §1, §2, §3, §4, §5, §6, §7Taxes, see Taxes, this topic

Higher education, see Higher education, this topic

State guaranty, education districts, Art. XI-K §1, §2, §3, §4, §5, §6

Taxes, see Taxes, this topicHigher education

Buildings, Art. XI-F(1) §1, §2, §3, §4, §5, Art. XI-G §1, §2, §3

Oregon Health and Science University, capital costs, Art. XI-L §1, §2, §3, §4, §5

Highways and roads, Art. IX §3aHousing, Art. XI §9, Art. XI-I(2)Pension liabilities, state, Art. XI-OPollution control facilities

(Generally), Art. XI-HRefunding, Art. XI-H §5Self-supporting and self-liquidating requirement,

Art. XI-H §2Reforestation bonds, state land, Art. XI-E §1Seismic rehabilitation, Art. XI-M, Art. XI-NSmall scale local energy loans, see LOANSState, see STATE FINANCETaxes

Affordable housing, municipalities, Art. XI §9Higher education buildings, Art. XI-F(1) §3, Art. XI-

G §3Motor vehicle fuel and excise, proceeds use, retire-

ment, Art. IX §3aReal or personal property projects, state, Art. XI-

Q §2School districts

Capital costsLimitation, exemption, Art. XI §11LState tax levies, Art. XI-P §2

State guaranty, repayment, Art. XI-K §4Voter qualifications, Art. II §2War Veterans’ Fund, Oregon, Art. XI-A §2, §4, §6Water development projects, Art. XI-I(1) §1, §2, §3,

§4, §5World War II Veterans’ Compensation Fund,

Art. XI-F(2) §1

BONUS, VETERANSSee VETERANS

BOUNDARIESCounties, limitations, Art. XV §6State, Art. XVI §1

BUDGETINGState, Art. III §2, §3, Art. IX §2, §6

CAPITAL (CAPITOL)Location, Art. I §21, Art. XIV §1Public records, keeping at, Art. VI §5State house, money for, Art. XIV §2

CATASTROPHIC DISASTERSSee EMERGENCIES AND DISASTERS

CIRCUIT COURTSSee also COURTS AND JUDGES(Generally), Art. VII (Orig) §9, §10Clerk, Art. VII (Orig) §15Courts of record, Art. VII (Orig) §1Districts, original, Art. XVIII §11Election of judges, Art. VII (Am) §1,

Art. VII (Orig) §10Jurisdiction, generally, Art. VII (Orig) §1, §9Ministerial officer, sheriff as, Art. VII (Orig) §16Oath of judges, Art. VII (Orig) §10Term

Court, Art. VII (Orig) §8Judges, Art. VII (Am) §1, §1a, Art. VII (Orig) §10

CITIESSee MUNICIPALITIES, generally

CIVIL RIGHTS(Generally), Art. IAccused persons, Art. I §11Arms, bearing, Art. I §27Arrest, imprisonment, Art. I §9, §13, §19Assembly, Art. I §26Bail, Art. I §14, §16Compulsory services, prohibited, Art. I §18, §34Due process of law, Art. I §10Elections, free and equal, Art. II §1Electors, Art. II §3, §13, §16Enumerated rights not exclusive, Art. I §33Ex post facto laws, Art. I §21Fines, Art. I §16Habeas corpus, Art. I §23Involuntary servitude, Art. I §18, §34Jeopardy, double, Art. I §12Jury trial, Art. I §11, §17Petition, right to, Art. I §26Preservation of, generally, Art. I §1, §20Press, freedom, Art. I §8Privileges and immunities, Art. I §20Religious freedom, Art. I §2, §3, §4, §5, §6Searches and seizures, Art. I §9Self-incrimination, right against, Art. I §12Sex of person, equality of rights, Art. I §46Slavery, Art. I §34Speech, freedom, Art. I §8Suspension

Convicts, Art. II §3Laws, Art. I §22

CLASS LEGISLATIONProhibited, Art. I §20

CLERKS OF COURTSCircuit courts, Art. VII (Orig) §15County courts, Art. VII (Orig) §15

COMMON SCHOOL FUND(Generally), Art. VIII §2Bond guaranty obligations, state borrowing from

fund, Art. XI-K §4Income distribution, Art. VIII §4

CONDEMNATION(Generally), Art. I §18



Compensation, Art. XI §4People’s utility districts, Art. XI §12Public uses, declared, Art. I §18

CONFRONTATIONCriminal cases, Art. I §11

CONSTABLESSpecial, local acts, prohibition, Art. IV §23

CONSTITUTION OF OREGONAdoption, Art. XVIII §1, §2, §3Amendment, revision, Art. IV §1, Art. XVII §1, §2Convention, election to authorize, Art. XVII §1

CONTRACTSObligation, impairing, Art. I §21Pollution control facilities, financing, Art. XI-H §3Public retirement plans, return rate guarantee

prohibited, Art. IX §11Stationery, state, Art. IX §8

CONVICTSSee PRISONERS, generally

CORONERSDuties and powers, Art. VI §8Offices, qualifications, Art. VI §8

CORPORATIONSAid to, by municipalities, prohibited, Art. XI §9Condemnation, Art. XI §4Debt, state assuming, Art. XI §8Formation, Art. XI §1, §2Municipal, see MUNICIPALITIES, generallyStock and stockholders, see STOCK AND STOCK-

HOLDERS, generallyTaxes, see TAXATION, generally

CORRECTIONAL INSTITUTIONSPrisoners, see PRISONERS, generally

CORRUPTION OF BLOODProhibited, Art. I §25

COUNSELCriminal cases, right to have, Art. I §11

COUNTIESAid to corporations prohibited, Art. XI §9Alcoholic beverages, local option taxes, Art. I §39Area, minimum, Art. XV §6Assessments, local improvements, Art. VI §10Bonded indebtedness, see Debt, this topicBoundaries, changing, minimum area, popula-

tion, Art. XV §6Charters, Art. VI §10Condemnation, Art. I §18, Art. XI §4Consolidation with city government, Art. XI §2aDebt

Affordable housing, Art. XI §9Assumption by state, Art. XI §8Limitation, Art. XI §10, §11 et seq.Pollution control facilities, Art. XI-H §1

Education, Common School Fund share, Art. VIII §4

Elections, see ELECTIONSEmployees, see Officers, this topic; PUBLIC OFFI-

CERS AND EMPLOYEES, generallyFinances

(Generally), Art. XI §10, §11 et seq.Debt, see Debt, this topicExpenses of court, reimbursement by fees,

Art. VII (Orig) §14Local improvements, home rule, Art. VI §10

Home rule, Art. VI §10Improvements, local, financing, Art. VI §10,

Art. XI §11 et seq.Initiative and referendum, Art. VI §10Judges, see COURTS AND JUDGES, generallyLiabilities, limitation, Art. XI §10Local option, Art. I §39, Art. XI §11 et seq.Mandated activities, funding, Art. XI §15Marion, state capitol, Art. XIV §1New counties, minimum area and population,

Art. XV §6Officers

See also PUBLIC OFFICERS AND EMPLOY-EES

Charter provisions, Art. VI §10Consolidated city, county governments, Art. XI §2aDefeated incumbents, terms, Art. XV §1Duties and powers, Art. VI §8Election, Art. IV §23, Art. VI §6, §7, §9,

Art. VII (Orig) §12, §15, §16, §17Qualifications, Art. VI §8Terms, Art. VI §6, Art. VII (Orig) §15, §16,

Art. XV §1Vacancies in office, Art. V §16, Art. VI §9,

Art. XV §9Offices, location, Art. VI §8Petitions, initiative or referendum, Art. VI §10Pollution control facility financing, Art. XI-H §1,

§2, §3, §4, §5, §6Population, minimum, Art. XV §6Stock in corporations, prohibition, Art. XI §9Taxation, Art. VI §10, Art. XI §11 et seq.Transportation system employees, Art. XI §13Veterans, state aid, Art. XI-A §1

COUNTY ASSESSORSDuties, Art. VI §8Qualification, Art. VI §8

COUNTY CLERKSDuties and powers, Art. VI §8, Art. VII (Orig) §15Election of, Art. VI §6, Art. VII (Orig) §15Offices, qualifications, Art. VI §8Term, Art. VI §6, Art. VII (Orig) §15Vacancies, filling, Art. V §16, Art. VI §9

COUNTY COMMISSIONERS(Generally), Art. VII (Orig) §12

COUNTY COURTS (ADMINISTRATIVE)(Generally), Art. VII (Orig) §12Clerk, Art. VII (Orig) §15Commissioners, Art. VII (Orig) §12Election

Commissioners, Art. VII (Orig) §12Judges, Art. VII (Orig) §11

Expenses, reimbursement, Art. VII (Orig) §14Ministerial officer, sheriff as, Art. VII (Orig) §16Salary and compensation, Art. VII (Orig) §14Term, Art. VII (Orig) §11



COUNTY COURTS (JUDICIAL)See also COURTS AND JUDGES(Generally), Art. VII (Orig) §12Circuit courts, appeals and supervisory control,

Art. VII (Orig) §9Clerk, Art. VII (Orig) §15Courts of record, Art. VII (Orig) §1Election of judges, Art. VII (Am) §1,

Art. VII (Orig) §11Expenses, reimbursement, Art. VII (Orig) §14Habeas corpus, Art. VII (Orig) §13Jurisdiction, generally, Art. VII (Am) §2,

Art. VII (Orig) §1, §12, §13Ministerial officer, sheriff as, Art. VII (Orig) §16Salary and compensation, Art. VII (Am) §1,

Art. VII (Orig) §14Term, Art. VII (Am) §1, §1a, Art. VII (Orig) §11Times of holding court, Art. VII (Orig) §11Writs, Art. VII (Orig) §13

COUNTY SEATSLocation, Art. I §21

COUNTY SURVEYORSDuties and powers, Art. VI §8Offices, qualifications, Art. VI §8Vacancies, filling, Art. V §16, Art. VI §9

COUNTY TREASURERSDuties and powers, Art. VI §8Election, Art. VI §6Offices, qualifications, Art. VI §8Term, Art. VI §6Vacancies, filling, Art. V §16, Art. VI §9

COURTS AND JUDGESSee also CIRCUIT COURTS; COUNTY COURTS

(JUDICIAL); JUDICIAL BRANCH; JUSTICES OF PEACE; MUNICIPAL COURTS; SUPREME COURT

Amendment of Constitution, 1910, effect, Art. VII (Am) §2

Censure of judges, Art. VII (Am) §8County home rule, effect, Art. VI §10Creation of courts, Art. VII (Am) §1, §2bDistricts, original, Art. XVIII §11Due process, Art. I §10Election of judges, Art. VII (Am) §1,

Art. VII (Orig) §2, §10, §11Employment of judges by Oregon National Guard

or for teaching, Art. XV §8Inferior courts, creation, Art. VII (Am) §1, §2bJudicial branch established, separate from legis-

lative and executive, Art. IIIJudicial power vested in courts, Art. VII (Am) §1,

Art. VII (Orig) §1Jurisdiction, see JURISDICTION, generallyJuvenile courts, victims’ rights, Art. I §42, §43Practice, special, local Acts regulating,

Art. IV §23, Art. VII (Am) §2bPro tem judges, Art. VII (Am) §1a, §2aRecord, courts of, Art. VII (Orig) §1Removal of judges, Art. VII (Am) §8,

Art. VII (Orig) §20Retirement of judges, Art. VII (Am) §1aSalary and compensation, Art. VII (Am) §1Secret, prohibited, Art. I §10Suspension of judges, Art. VII (Am) §8

Temporary judges, Art. VII (Am) §1a, §2aTerm of office, Art. VII (Am) §1, §1a,

Art. VII (Orig) §3Vacancies in office, Art. V §16, Art. VII (Orig) §4,

Art. XV §9

CRIMEAccused, rights, Art. I §11, Art. VII (Am) §5Aggravated murder, penalty, Art. I §40Commutations, Art. V §14Convictions

Appeals, see APPEALS, generallyCivil forfeiture, requirement, Art. XV §10Corruption of blood prohibited, Art. I §25Forfeiture of estate prohibited, Art. I §25Judges, removal, suspension, or censure,

Art. VII (Am) §8Legislators, office, eligibility and vacation,

Art. IV §8Voting restrictions, Art. II §3

Cruel and unusual punishment, Art. I §13, §16Death penalty, Art. I §40Elector privilege, conviction, effect, Art. II §3Forfeiture

Conviction requirements, civil forfeiture, Art. XV §10

Estate, prohibited, Art. I §25Oregon Property Protection Act of 2000, Art. XV §10

Indictment, Art. I §11, Art. VII (Am) §5Informations, Art. VII (Am) §5Involuntary servitude permitted, Art. I §34Juries, Art. I §11, §16Pardons, remissions and reprieves, Art. V §14Principles of law, Art. I §15Rights of accused, Art. I §11, Art. VII (Am) §5Sentence and punishment, see SENTENCE AND

PUNISHMENT, generallyTerritory, against, punishment, Art. XVIII §9Victims’ rights, Art. I §42, §43Voting, conviction, effect, Art. II §3

CROSS EXAMINATIONCriminal cases, Art. I §11

CRUEL, UNUSUAL PUNISHMENTForce, unnecessary, Art. I §13Prohibited, Art. I §16

DEATHCandidate, elective office, prior to election,

Art. II §24

DEATH PENALTYAggravated murder, Art. I §40

DEBTBonds, see BONDS, generallyCounties, see COUNTIESImprisonment for, Art. I §19Municipal

Assumption by state, Art. XI §8Limitation, Art. XI §5

Ports, Art. XI §9Redevelopment projects, tax to pay, Art. IX §1cState, see STATE FINANCEUrban renewal projects, tax to pay, Art. IX §1cWife’s liability, Art. XV §5



DECEDENTS’ ESTATESRealty sales, special, local legislation, Art. IV §23

DISABILITIES, PERSONS WITHHome Care Commission, Art. XV §11Multifamily housing, see HOUSINGVoting rights, mental disability, Art. II §3

DISASTERSSee EMERGENCIES AND DISASTERS, generally

DISCRIMINATION(Generally), Art. I §20Sex discrimination, Art. I §46

DISTRICT ATTORNEYS(Generally), Art. VII (Orig) §17County home rule, effect, Art. VI §10Duties and powers

(Generally), Art. VII (Orig) §17Indictments, Art. VII (Am) §5Informations, Art. VII (Am) §5

Removal, Art. VII (Orig) §20

DISTRICTSCondemnation, see CONDEMNATION, generallyJudicial, Art. XVIII §11Metropolitan service, Art. XI §14Officers

Filling vacancies, Art. V §16Recall, Art. II §18

People’s utility districts, Art. XI §12Taxation by, limitation, Art. XI §11 et seq.

DIVORCESpecial or local statutes forbidden, Art. IV §23

DUAL OFFICE HOLDINGPublic officers and employees, Art. II §10,

Art. III §1, Art. IV §30, Art. XV §8

DUE PROCESS OF LAW(Generally), Art. I §10Criminal cases, Art. I §11

DUELINGPublic office disqualification, Art. II §9

DUTIESSee TAXATION, generally

EARTHQUAKESSee EMERGENCIES AND DISASTERS, generally;

SEISMIC REHABILITATION, generally

EDUCATIONAppropriations, Art. VIII §8Bonds, see BONDSCommon School Fund, Art. VIII §2, §4, §5, Art. XI-

K §4Community colleges

Buildings, financing, Art. XI-GState guaranty of bonded indebtedness, Art. XI-K

Equitable funding, Art. VIII §8Grants, equalization, Art. VIII §8

Higher educationBonds, see BONDSBuildings, financing, Art. XI-F(1), Art. XI-GJudges, employment for teaching, Art. XV §8Legislators, higher education employees as,

Art. XV §8Oregon Health and Science University, see ORE-

GON HEALTH AND SCIENCE UNIVERSITY, generally

Stocks, ownership, Art. XI §6Lottery, State, financing public education,

Art. XV §4School board members, employees, as legislators,

Art. XV §8School capital matching fund, Art. XI-P §4,

Art. XV §4School lands management, disposition and pro-

ceeds, Art. VIII §2, §4, §5Seismic rehabilitation, public education build-

ings, Art. XI-MSpecial or local laws, financing, Art. IV §23Stability fund, Art. XV §4Superintendent of Public Instruction, Art. VIII §1System, general and uniform, Art. VIII §3Taxation

Bonds, see BONDSExcess corporate tax revenue, retention and use,

Art. IX §14Higher education building bond levy, Art. XI-

F(1) §3, Art. XI-G §3Limits

(Generally), Art. XI §11 et seq.Capital costs, exemption, Art. XI §11LLost revenue, replacement obligation, state,

Art. XI §11, §11bState guaranty of district bonded indebtedness,

Art. XI-K §4

EDUCATION STABILITY FUNDState Lottery proceeds, financing public educa-

tion, Art. XV §4

ELECTIONSAge of voters, Art. II §2Alcoholic beverages, local option, Art. I §39,

Art. XI §2Apportionment of legislative districts, Art. IV §6,

§7, Art. XVIII §5Arrests, elector immunity, Art. II §13Bribery to procure election, effect, Art. II §7Candidates holding elective public office,

Art. XV §9Cities, Art. I §21, §39, Art. II §14a, Art. IV §1,

Art. VI §1, §7, Art. XI §2aCitizenship of voters, Art. II §2Conduct and regulation, Art. II §8Congressmen, original, Art. XVIII §6Constitution

Adoption, Art. XVIII §1, §2, §3Amendment, Art. IV §1, Art. XVII §1Revision, Art. XVII §2

Contests, holding office pending determination, Art. XV §1

Contributions, political, limitations, Art. II §22Convicts, excluded, Art. II §3County clerk, Art. VI §6, Art. VII (Orig) §15County commissioners, Art. VII (Orig) §12County home rule, Art. VI §10County officers, generally, Art. IV §23, Art. VI §6,

§7, §9County treasurer, Art. VI §6Crime, conviction, voting rights effect, Art. II §3



Date, Art. II §14, §14aDeath of candidate prior to election, Art. II §24District attorneys, Art. VII (Orig) §17Free and equal, Art. II §1Governor, Art. V §4, §5, §6, §8a, §17, Art. XVII §1, §2Incompetency, adjudication, voting rights effect,

Art. II §3Initiative and referendum, see INITIATIVE AND

REFERENDUM, generallyInsanity (incompetency adjudication), voting

rights effect, Art. II §3Judges, Art. V §16, Art. VII (Am) §1,

Art. VII (Orig) §2, §4, §10, §11Legislators

Apportionment of districts, Art. IV §6, §7, Art. XVIII §5

Election under Constitution, Art. XVIII §6Electors, choosing, Art. IV §3Inhabitancy of district, Art. IV §3, §8Judge of election, houses, Art. IV §11Term of office, Art. IV §4Vacancies, filling, Art. V §17

LegislatureJudge of election, members, Art. IV §11Regulating elections, Art. II §8Voting method, Art. II §15

Local option taxes, Art. XI §11, §11k, §11LMajority vote, necessity, Art. II §16, Art. XI §11,

§11k, §11LMental disability, elector rights, Art. II §3Metropolitan service districts, Art. XI §14Militia duty on election day, Art. II §13Municipal, Art. I §21, §39, Art. II §14a, Art. IV §1,

Art. VI §1, §7, Art. XI §2aNominations and primaries, Art. II §14, §16Original organization of government,

Art. XVIII §6People’s utility districts, Art. XI §12Place of voting, Art. II §17, Art. IV §23Plurality vote, sufficiency, Art. II §16Political campaign contributions, Art. II §22Poll tax, prohibition, Art. IX §1aPorts, transportation line debt, Art. XI §9Precincts

Officers, Art. VI §7, §9Place of voting, Art. II §17

Preferential voting, Art. II §16Presidential, voter residence, Art. II §2Proportional representation, authorized,

Art. II §16Qualifications of voters, generally, Art. II §2Recall, Art. II §18Referendum, see INITIATIVE AND REFEREN-

DUM, generallyRegistration of voters, Art. II §2, §14, §16Regulating and conducting, Art. II §8Residence of voters

(Generally), Art. II §2Gain or loss, Art. II §4, §5Institution inmates, Art. II §4Place of voting, Art. II §17Presidential voting, Art. II §2Service members, Art. II §4, §5Students, Art. II §4

Reward to procure election, Art. II §7Road supervisors, special Acts forbidden,

Art. IV §23Secretary of State, Art. V §4, §8a, Art. VI §1Servicemen’s residence, Art. II §4, §5Sheriffs, Art. VI §6, Art. VII (Orig) §16Slavery, Art. XVIII §2, §4Special or local laws, Art. IV §23State Printer, Art. XII §1

State Treasurer, Art. V §8a, Art. VI §1Superintendent of Public Instruction, Art. VIII §1Supermajority vote, measures stipulating, super-

majority required to adopt, Art. II §23Supreme Court vacancies, Art. VII (Orig) §4Taxation, see TAXATIONThreat to procure election, effect, Art. II §7Time held, Art. II §14, §14aVacancies, filling, Art. V §16, §17, Art. VII (Orig) §4Voters’ immunity from arrest, Art. II §13

ELECTRIC POWERPeople’s utility districts, Art. XI §12State’s powers, Art. XI-D §2Water power, state development

Administration, Art. XI-D §3Development, generally, Art. XI-D §2Legislation to effectuate, Art. XI-D §3Right, title, and interest of state, Art. XI-D §1

EMERGENCIES AND DISASTERSCatastrophic disasters

(Generally), Art. X-A §1 et seq.Declaration by Governor, Art. X-A §1General Fund moneys or lottery funds, use, Art. X-

A §2, §4Legislative Assembly

Additional powers, Art. X-A §4Convening, Art. X-A §1, §3Extension by legislature, Art. X-A §6Participation by electronic or other means,

Art. X-A §5Procedural requirements, Art. X-A §3

Limitation on Governor’s powers, Art. X-A §6Termination of operability, Art. X-A §6

Emergency Committee (Board), duties and pow-ers, Art. III §3

Legislative measures, see LEGISLATURELegislative session, Art. IV §10a, Art. X-A §1 et seq.Seismic rehabilitation, see SEISMIC REHABILI-

TATION, generally

EMIGRATIONRight, Art. I §30

EMINENT DOMAINSee CONDEMNATION, generally

ENERGYSmall scale local energy loans, see LOANS

EQUAL PROTECTION OF LAWS(Generally), Art. I §20Sex of person, Art. I §46

ERRORSDisregard on appeal, Art. VII (Am) §3

ESCHEATSCommon School Fund, proceeds to, Art. VIII §2

EX POST FACTO LAWSProhibited, Art. I §21

EXECUTIVE BRANCHEstablished, Art. III §1



Records, official acts, kept by Secretary of State, Art. VI §2

Separation from other branches, Art. III §1

FEESCounty courts, expense reimbursement,

Art. VII (Orig) §14Transfer of real property, prohibition, Art. IX §15

FINESExcessive prohibited, Art. I §16Remission, Art. V §14

FIREARMSBearing, right, Art. I §27

FISH AND WILDLIFEFish protection, Water Development Fund, use,

Art. XI-I(1) §1Lottery proceeds, use, Art. XV §4, §4b, §4c

FLOODSSee EMERGENCIES AND DISASTERS, generally

FORESTS AND FORESTRYReforestation bonds, Art. XI-E §1State timber, processing in Oregon, Art. VIII §7

FORFEITURESAsset Forfeiture Oversight Advisory Committee,

Art. XV §10Conviction requirements, civil forfeiture,

Art. XV §10Estate, crime conviction, prohibited, Art. I §25Oregon Property Protection Act of 2000,

Art. XV §10Remission, Art. V §14

FRAUDDebt, imprisonment, Art. I §19

FREEDOM OF RELIGIONSee RELIGION, generally

FREEDOM OF SPEECH AND PRESS(Generally), Art. I §8

FUEL TAXESSee TAXATION

GAMBLINGBingo or lotto, charitable, etc., organizations,

Art. XV §4Casinos, prohibited, Art. XV §4Lotteries, see LOTTERIES, generallyProhibited, Art. XV §4

GAS AND GASOLINETaxation, see TAXATION

GIFTSOregon, to, Art. VIII §2, Art. XI §6

GOVERNMENT(Generally), Art. I §1Legislative powers, generally, Art. IV §1, §17Military, subordinate to civil power, Art. I §27Organization, original, Art. XVIII §5, §6, §7, §8, §11Separation of powers, Art. III §1

GOVERNORAdjutant General, appointment, Art. X §3Appointments

Home Care Commission, Art. XV §11Lottery commission and director, Art. XV §4Military, Art. X §3State public office, Senate confirmation, Art. III §4Vacancies in office, certain, Art. V §16,

Art. VII (Orig) §4Bills, signing, Art. IV §22, Art. V §15bCatastrophic disasters, see EMERGENCIES AND

DISASTERSDisability, succession, Art. V §8aDuties and powers

(Generally), Art. V §1Appointments, see Appointments, this topicCatastrophic disasters, see EMERGENCIES AND

DISASTERSCommander in chief, Art. V §9, Art. X §3Commissions, Art. V §18Commutations, Art. V §14Constitutional amendment, revision, Art. XVII §1,

§2Convening legislature, Art. V §12, Art. X-A §1District attorneys, removal, Art. VII (Orig) §20Fines and forfeitures, Art. V §14Insurrection, invasion, Art. V §9Law enforcement, Art. V §9, §10Legislation, Art. V §15bLegislature, Art. V §11, §12, §14, §17, Art. X-A §1Military, Art. V §9, §13, Art. X §3Pardons and reprieves, Art. V §14Records, Art. VI §5Separation from legislative and judicial, Art. III §1State business, Art. V §13State lands, Art. VIII §5Supreme Court, Art. VII (Orig) §4, §20Treason, Art. V §14Veto, see VETO, generally

ElectionContested, Art. V §6Plurality, necessity, Art. V §5Returns, publication of, Art. V §4Tie vote, selection of, Art. V §5Time, place, Art. V §4Vacancy, filling, Art. V §8a

Eligibility and qualificationsAge, citizenship and residence, Art. V §2Public officials, Art. V §3Successor, age, Art. V §2Terms in office, Art. V §1

Initiative and referendum, Art. IV §1, Art. XVII §1, §2

Judges and justices, Art. V §16, Art. VII (Orig) §4, §20

Message to legislature, Art. V §11, §12Removal, resignation, Art. V §8aReports to, state agencies, Art. V §13Special legislative sessions, calling, Art. V §12,

Art. X-A §1Succession to office, Art. V §8aSuperintendent of Public Instruction, Art. VIII §1Term of office, Art. V §1, §7, §8aVacancies in legislature, calling elections,

Art. V §17



Vacancy in governorship, filling, Art. V §8aVeto, see VETO, generally

GRAND JURY(Generally), Art. VII (Am) §5Juror ineligibility, prior conviction, Art. I §45Special, local Acts forbidden, Art. IV §23

GUARDIAN AND WARDRealty sales, special, local legislation, Art. IV §23

HABEAS CORPUSJurisdiction, Art. VII (Am) §2, Art. VII (Orig) §13Suspension, validity, Art. I §23

HANDICAPPED PERSONSSee DISABILITIES, PERSONS WITH, generally

HEAD TAXProhibited, Art. IX §1a

HEREDITARY DISTINCTIONSProhibited, Art. I §29

HIGHER EDUCATIONSee EDUCATION

HIGHWAYS AND ROADSCondemnation for public use, Art. I §18Debt limitation, state, Art. XI §7Special or local Acts forbidden, Art. IV §23Supervisor, election or appointment, special

laws, Art. IV §23Taxes, fuel and vehicle excise, use for construc-

tion, maintenance, etc., Art. IX §3a

HISTORIC PROPERTYLottery proceeds, use, Art. XV §4, §4a, §4c

HOME CARE(Generally), Art. XV §11

HOME RULECities, Art. IV §1, Art. XI §2, §5Counties, Art. VI §10Districts, Art. IV §1

HOUSE OF REPRESENTATIVESSee LEGISLATURE, generally

HOUSINGAffordable housing, bonded indebtedness,

municipalities, Art. XI §9Multifamily housing, elderly and disabled per-

sonsBonds, generally, Art. XI-I(2) §3Legislation to effectuate, Art. XI-I(2) §4Revenue sources, Art. XI-I(2) §2State credit, lending, Art. XI-I(2) §1

HUSBAND AND WIFESee also MARRIAGEProperty of wife, Art. XV §5Veterans’ loans, Art. XI-A §3

HYDROELECTRICITYSee ELECTRIC POWER, generally

IDAHO, STATE OFRivers, transportation lines on, aid, Art. XI §9

IMMUNITIESSee PRIVILEGES AND IMMUNITIES, generally

IMPEACHMENTPublic officers, prohibited, Art. VII (Am) §6,

Art. VII (Orig) §19

IMPRISONMENTDebt, fraud or flight, Art. I §19

INCOME TAXSee TAXATION, generally

INDICTMENT(Generally), Art. VII (Am) §5Defendant’s right to copy, Art. I §11

INFORMATION(Generally), Art. VII (Am) §5

INITIATIVE AND REFERENDUM(Generally), Art. IV §1Bond election suffrage restrictions, Art. II §2Constitutional amendments, revisions, Art. IV §1,

Art. XVII §1, §2County home rule, Art. VI §10District legislation, Art. IV §1Effective date of measure, Art. IV §1Local and municipal legislation, Art. IV §1Metropolitan service districts, Art. XI §14Municipal mergers, Art. XI §2aPart of Act, referendum, Art. IV §1Petitions

(Generally), Art. IV §1County home rule, Art. VI §10Signature gatherers, payment, Art. IV §1b

Recall section, effect, Art. II §18Sentences, initiative or referendum measures,

reduction by legislature, Art. IV §33Single subject, constitutional amendments,

Art. IV §1Supermajority vote, measures stipulating, super-

majority required to adopt, Art. II §23Taxation, Art. II §2, Art. IX §1, §1aVeto excluded, Art. IV §1

INJUNCTIONSPreliminary, county judges may issue,

Art. VII (Orig) §13

INMATESSee PRISONERS, generally

INSANE PERSONSVoting rights, incompetency adjudication, effect,

Art. II §3

INSURRECTIONHabeas corpus, suspension, Art. I §23



Suppression, Art. V §9, Art. XI §7, §8Treason, Art. I §24

INTERESTCommon School Fund investment, Art. VIII §2Special or local statutes forbidden, Art. IV §23

INTERSTATE COMPACTSBoundaries, state, modifying, Art. XVI §1

INTOXICATING LIQUORSLiquor by the drink, Art. I §39Municipal control, Art. I §39, Art. XI §2

INVASIONHabeas corpus, suspension, Art. I §23Repelling, Art. V §9, Art. XI §7, §8

INVESTMENTSCommon School Fund, unexpended moneys,

Art. VIII §2

INVOLUNTARY SERVITUDE(Generally), Art. I §18, §34

JEOPARDY, DOUBLEProhibited, Art. I §12

JOINT STOCK COMPANIESMunicipalities, holding stock or aiding prohib-

ited, Art. XI §9Stockholders’ liability, Art. XI §3

JUDGESSee COURTS AND JUDGES, generally

JUDGMENTSAppeal, on, Art. VII (Am) §3

JUDICIAL BRANCHSee also COURTS AND JUDGESAmendment of Constitution 1910, effect,

Art. VII (Am) §2Established, Art. III §1Judicial power vested, Art. VII (Am) §1,

Art. VII (Orig) §1Separation from other branches, Art. III §1

JURIES AND JURORSAggravated murder, death penalty, Art. I §40Amount (value) in controversy, jury trial right,

Art. VII (Am) §3Convicts, certain, ineligibility, Art. I §45Criminal proceedings, Art. I §11Duties and powers, criminal cases, Art. I §16Fact determination, reexamination,

Art. VII (Am) §3Grand jury, Art. IV §23, Art. VII (Am) §5Number of jurors, Art. VII (Am) §9Number to concur

Civil cases, Art. VII (Am) §5Criminal cases, Art. I §11Death penalty, Art. I §40Murder, Art. I §11

Qualifications, Art. VII (Am) §5

Religious beliefs, Art. I §6Right to trial by

Civil cases, Art. I §17, Art. VII (Am) §3Criminal cases, Art. I §11

Selecting, Art. VII (Am) §5Service, ineligibility, Art. I §45Size of jury, Art. VII (Am) §9Special, local Acts forbidden, Art. IV §23Trial by, Art. I §11, §16, §17, Art. VII (Am) §3Verdicts, Art. I §11, Art. VII (Am) §5Waiver, criminal cases, Art. I §11

JURISDICTION(Generally), Art. VII (Am) §2, §2b, Art. VII (Orig) §1Circuit courts, generally, Art. VII (Orig) §1, §9County courts, generally, Art. VII (Orig) §1, §12,

§13Habeas corpus, Art. VII (Am) §2, Art. VII (Orig) §13Injunctions, Art. VII (Orig) §13Justices of the peace and constables, special

laws, Art. IV §23Legislative reapportionment, Art. IV §6Mandamus, Art. VII (Am) §2Probate, county courts, Art. VII (Orig) §12Quo warranto, Art. VII (Am) §2Supreme Court, Art. VII (Am) §2, Art. VII (Orig) §1,

§6Writs, Art. VII (Orig) §13

JUSTICEAdministration of, generally, Art. I §10

JUSTICES OF PEACESee also COURTS AND JUDGES(Generally), Art. VII (Orig) §1County home rule, effect, Art. VI §10Special, local laws, Art. IV §23, Art. VII (Am) §2b

JUVENILE COURTS AND PROCEEDINGS

Victims’ rights, Art. I §42, §43

KICKER REFUND(Generally), Art. IX §14Catastrophic disasters, use, Art. X-A §4

LAWPlain wording, Acts and joint resolutions,

Art. IV §21Statutes, see STATUTES, generallySuspension of laws, Art. I §22

LEASINGReal property by state, debt limit exemption,

Art. XI §7

LEGISLATUREAdjournment, Art. IV §11, §12, §13Amendments

Bills, Art. IV §18, §20, §22Constitution, Art. XVII §1, §2

Applying to, by inhabitants, Art. I §26Appointments

Recess, vacancies in appointive offices, Art. V §16Senate confirmation, see Senate, this topic

Apportionment, Art. IV §6, §7, Art. XVIII §5Appropriations, see APPROPRIATIONS, generally



Attendance, see Members, this topicBalanced budget requirement, Art. IX §2, §6Banks, legislative formation prohibited, Art. XI §1Bills

Amendment, Art. IV §18, §20, §22Catastrophic disasters, Art. X-A §3, §4, §6Conflicting amendments, Art. IV §22Criminal sentence reduction, two-thirds vote,

Art. IV §33Education stability fund, removing moneys from,

three-fifths vote, Art. XV §4Effective dates, Art. IV §28Emergency measures, see Emergency measures,

this topicLocal government mandates, funding, three-fifths

vote, Art. XI §15Majority to pass

(Generally), Art. IV §25Supermajority requirements

Catastrophic disasters, Art. X-A §3, §4Criminal sentence reduction, two-thirds vote,

Art. IV §33Education stability fund, removing moneys

from, three-fifths vote, Art. XV §4Local government mandates, funding, three-

fifths vote, Art. XI §15Raising revenue, three-fifths vote,

Art. IV §25Referred measures, supermajority of votes

stipulated, Art. II §23Revenue estimates, emergency increase for

kicker purposes, two-thirds vote, Art. IX §14

Originating legislation, Art. IV §18Reading, Art. IV §19Rejection, Art. IV §18Revenue estimates, emergency increase for kicker

purposes, two-thirds vote, Art. IX §14Revenue raising

Catastrophic disasters, Art. X-A §3Majority vote, three-fifths, necessity, Art. IV §25Origination, House of Representatives,

Art. IV §18Revision, Art. IV §22Signing, Art. IV §22, §25, Art. V §15bSubject, single, Art. IV §20Title, Art. IV §20Veto, Art. IV §1, Art. V §15a, §15bVoting on, Art. IV §19Wording, plain, Art. IV §21

Boundaries, state, extension, seaward, Art. XVIBudgetary control, Art. III §2, §3, Art. IX §2, §6Casinos, prohibition, Art. XV §4Catastrophic disasters, see EMERGENCIES AND

DISASTERSCharters, municipal, Art. XI §2, §5Claims against state, general laws authorized,

Art. IV §24Committee meetings, open deliberations,

Art. IV §14Contempt, nonmembers, Art. IV §16Deliberations, open, Art. IV §14Disrupting or interfering, punishment,

Art. IV §15, §16District attorneys, removal, Art. VII (Orig) §20Districts, Art. IV §3, §6, §7, §8, Art. XVIII §5Duties and powers, generally, Art. III §1,

Art. IV §1, §17, Art. V §5, §6Education districts, bonds, legislation, Art. XI-

K §6, Art. XI-P §6Education system, Art. VIII §3Election regulations, Art. II §8Elective public officers, vacancies, Art. XV §9

Emergency Committee (Board), powers and duties, Art. III §3

Emergency measuresCatastrophic disasters, Art. X-A §3Effect of declaration, Art. IV §28Interim committee, Art. III §3Procedure, Art. IV §19Prohibited for taxation, Art. IX §1aReferendum, Art. IV §1Veto, Art. V §15a

Emergency session, Art. IV §10a, Art. X-A §1 et seq.Emigration laws, Art. I §30Governor

Appointments, Senate confirmation, see Senate, this topic

Catastrophic disasters, convening legislature, Art. X-A §1

Election, Art. V §5, §6Message, Art. V §11, §12Pardons, commutations, and reprieves, Art. V §14Recommending measures, Art. V §11Signing legislation, Art. IV §22, Art. V §15b

Higher education buildings, bonds, Art. XI-F(1), Art. XI-G

House of RepresentativesDistricts, Art. IV §3, §6, §7, §8, Art. XVIII §5Members, see Members, this topicRevenue bills, originating, Art. IV §18Speaker

Choosing, Art. IV §11Governorship, succession to, Art. V §8aGubernatorial election returns, Art. V §4

Term of office, Art. IV §4, Art. XV §1Houses of, Art. IV §1Journal, Art. IV §13, §26, Art. XVII §1, §2Judges, retirement, Art. VII (Am) §1aJurisdiction, state extension, seaward, Art. XVILiquor by the glass legislation, Art. I §39Local Acts, see STATUTESLottery proceeds, agencies receiving, reports,

Art. XV §4cLucrative offices, two prohibited, Art. II §10Majority vote, necessity, Art. IV §25Mandated activities, local governments, funding,

Art. XI §15Members

Apportionment, Art. IV §6, §7, Art. XVIII §5Arrest, immunity, Art. IV §9Attendance

Catastrophic disasters, Art. X-A §3, §5Compelling, Art. IV §12

Claims against state, not to act in, Art. XV §7Compensation, Art. IV §12, §29Conviction of felony, office, eligibility and vacation,

Art. IV §8Dual office holding, Art. II §10, Art. III §1,

Art. IV §30, Art. XV §8Elections, see ELECTIONSEligibility to other office, Art. IV §30Expulsion, Art. IV §15Higher education employees as, Art. XV §8Immunities, Art. IV §9Inhabitancy of district, Art. IV §3, §8Lucrative offices, dual holding, Art. II §10Number, Art. IV §2Oaths, Art. IV §31, Art. XV §3Protest, Art. IV §26Punishment, Art. IV §15Qualifications, Art. II §10, Art. IV §3, §8, §11School board members, employees as, Art. XV §8Stationery contracts, noninterest, Art. IX §8Teachers as, Art. XV §8Terms of office, Art. IV §4, §6, Art. V §1



Vacancies in office, Art. IV §3, §8, Art. V §17Militia, Art. X §1Multifamily housing for elderly and disabled, leg-

islation, enactment, Art. XI-I(2) §4Office created by, maximum tenure, Art. XV §2Officers, choosing, Art. IV §11Open deliberations, Art. IV §14Order, maintaining, Art. IV §15, §16Oregon Health and Science University, financing

capital costs, Art. XI-L §2, §4Pension liabilities, state, financing, legislation to

effectuate, Art. XI-O §3Petitioning and instructing, Art. I §26Pollution control facility funding, Art. XI-H §4, §6Protest of members, Art. IV §26Punishment

Members, Art. IV §15Nonmembers, Art. IV §16

Quorum, Art. IV §12, Art. X-A §3Real or personal property, state bonds, legisla-

tion, Art. XI-Q §3Recall legislation, Art. II §18Records, Art. VI §2Reforestation bonds, Art. XI-E §1Religious services, appropriations prohibited,

Art. I §5Resolutions

Signing, Art. IV §25Voting on, Art. IV §19, §25Wording, Art. IV §21

Revenue bills, see Bills, this topicRevision of constitution, proposing, Art. XVII §2Rule adoption, open deliberations, implementa-

tion, Art. IV §14Rules of proceedings, Art. IV §11Salaries and compensation, Art. IV §12, §29Secretary of State

Reapportionment draft, Art. IV §6Recording official legislative acts, Art. VI §2

Seismic rehabilitationEmergency services buildings, Art. XI-N §2, §4Public education buildings, Art. XI-M §2, §4

SenateConfirmation of appointments

(Generally), Art. III §4Home Care Commission, Art. XV §11Lottery Commission, Oregon State, Art. XV §4

Districts, Art. IV §3, §6, §7, §8, Art. XVIII §5Members, see Members, this topicPresident of Senate

Choosing, Art. IV §11Succession to governorship, Art. V §8a

Term of office, Art. IV §4, §6, Art. XV §1Sentences, initiative measures, reduction,

Art. IV §33Separation from other branches, Art. III §1Sessions

(Generally), Art. IV §10Catastrophic disasters, see EMERGENCIES AND

DISASTERSEmergency, Art. IV §10a, Art. X-A §1 et seq.Open, Art. IV §14Organizational, Art. IV §10Special, convening, Art. V §12, Art. X-A §1

Small scale local energy loans, funding, legisla-tion, Art. XI-J §4, §5

Special Acts, see STATUTESState boundaries, jurisdiction, extension, sea-

ward, Art. XVIStatutes, see STATUTES, generallySubject, single, of Act, Art. IV §20Superintendent of Public Instruction, Art. VIII §1

Supermajority requirements, see Bills, this topicSupreme Court judge, removal, Art. VII (Orig) §20Suspension of laws, Art. I §22Taxation, see TAXATION, generallyTerms of members, Art. IV §4, §6, Art. XV §1Title and scope of Acts, Art. IV §20Treason, powers after sentence suspension,

Art. V §14Vacancies in membership, Art. IV §3, §8, Art. V §17Vacancies in office, recess appointments by Gov-

ernor, Art. V §16Veto of legislation, Art. IV §1, Art. V §15a, §15bVoting, Art. II §15, Art. IV §13, §19, §25Water development projects, legislation, enact-

ment, Art. XI-I(1) §5Water power development, legislation, Art. XI-

D §3

LIBEL AND SLANDERLegislator’s immunity, Art. IV §9

LOANSMunicipalities by, Art. XI §5, §9Small scale local energy

Bonds(Generally), Art. XI-J §2Legislation effectuating, Art. XI-J §5Refunding, Art. XI-J §3Taxation, valorem, payment of principal and

interest, Art. XI-J §4State credit, use for financing, Art. XI-J §1

State, see STATE FINANCEVeterans, Art. XI-A §1, §2, §3, §4, §5

LOCAL GOVERNMENTSSee also COUNTIES; DISTRICTS; MUNICIPALI-

TIESMandated activities, funding, Art. XI §15

LOCAL OPTION(Generally), Art. I §21Alcoholic beverages, Art. I §39, Art. XI §2

LOCAL OPTION TAXLimitations, generally, Art. XI §11 et seq.

LOTTERIESBingo or lotto, charitable, etc., organizations,

Art. XV §4Prohibited, Art. XV §4State Lottery

(Generally), Art. XV §4Audits, state agencies receiving proceeds,

Art. XV §4cCommission and director, Art. XV §4Proceeds, use

(Generally), Art. XV §4Catastrophic disasters, Art. X-A §2, §4Education, Art. XV §4Parks and natural resources, Art. XV §4, §4a,

§4b, §4cVeterans, Art. XV §4f

MANDAMUSJurisdiction, original, Supreme Court,

Art. VII (Am) §2Victims’ rights, Art. I §42, §43



MANDATESLocal governments, funding, Art. XI §15

MARRIAGESee also HUSBAND AND WIFEDivorce, special or local statutes forbidden,

Art. IV §23State policy, one man and one woman, Art. XV §5a

MENTAL ILLNESS OR DISABILITYVoting rights, Art. II §3

METROPOLITAN SERVICE DISTRICTSCharters, Art. XI §14

MILITARYMilitia, see MILITIA, generallyQuartering soldiers, Art. I §28Subordinate to civil power, Art. I §27Voting residence, Art. II §4, §5

MILITIA(Generally), Art. X §1Adjutant General, appointment, Art. X §3Arms, bearing for defense, Art. I §27Commander, Governor as, Art. V §9, Art. X §3Conscientious objectors, Art. X §2Judges, employment by Oregon National Guard,

Art. XV §8Officers, Art. II §10, Art. X §3Organization, maintenance and discipline,

Art. X §1Quartering soldiers, Art. I §28Reports to Governor, Art. V §13Service on election day, Art. II §13Subordinate to civil power, Art. I §27

MINORSJuvenile courts, victims’ rights, Art. I §42, §43Realty sales, special, local legislation, Art. IV §23

MONEYBanks issuing, prohibited, Art. XI §1

MOTOR VEHICLESTaxes, see TAXATION

MUNICIPAL COURTSSee also COURTS AND JUDGESAuthorization for, Art. VII (Orig) §1

MUNICIPALITIESCharters

(Generally), Art. XI §2Metropolitan service districts, Art. XI §14Restrictions, Art. XI §5Surrender, merger, Art. XI §2a

Condemnation, Art. I §18, Art. XI §4Consolidation with county government,

Art. XI §2aContracts, charter restrictions, Art. XI §5Corporations, aiding or holding stock, Art. XI §9Debt

Affordable housing, Art. XI §9Assumption by state, Art. XI §8

Limitations, Art. XI §5, §9, §11 et seq.Pollution control facilities, Art. XI-H §1

Elections, Art. I §21, §39, Art. II §14a, Art. IV §1, Art. VI §1, §7, Art. XI §2a

Employees, see Officers and employees, this topicHome rule, Art. IV §1, Art. XI §2, §5Incorporation, Art. XI §2, §5Intoxicating liquors, Art. I §39, Art. XI §2Loaning credit, Art. XI §5, §9Local option, Art. I §39, Art. XI §2, §5Mandated activities, funding, Art. XI §15Merger authorized, Art. XI §2aOfficers and employees

See also PUBLIC OFFICERS AND EMPLOY-EES

Consolidated city, county governments, Art. XI §2aDefeated incumbents, term, Art. XV §1Duties, Art. VI §8Election, appointment, Art. VI §7Offices, location, Art. VI §8Vacancies in office, Art. VI §9, Art. XV §9

Ordinances, Art. I §21Pollution control facility financing, Art. XI-H §1,

§2, §3, §4, §5, §6Ports, transportation lines, Art. XI §9Stock in corporations, prohibition, Art. XI §9Taxation, Art. IX §1c, Art. XI §5, §11 et seq.Transportation system employes, Art. XI §13

MURDERAggravated, penalty, Art. I §40Bail, Art. I §14, §43Verdict, jurors, unanimous, Art. I §11

NATIONAL GUARDSee MILITIA, generally

NATURAL GASTaxation, see TAXATION

NOBILITYTitles, prohibited, Art. I §29

OATHS AND AFFIRMATIONSAdministration, method, Art. I §7Legislators, Art. IV §31, Art. XV §3Public officers, Art. XV §3Supreme Court Judges, Art. VII (Am) §7,

Art. VII (Orig) §21Warrants, supporting, Art. I §9

OCEANShore and beaches, lottery proceeds, use,

Art. XV §4, §4a, §4c

OIL AND GASTaxation, see TAXATION

OREGON HEALTH AND SCIENCE UNIVERSITY

Financing capital costsBonds, Art. XI-L §1, §3Conflicting provisions, Art. XI-L §5Legislation to effectuate, Art. XI-L §4Sources of repayment, Art. XI-L §2State credit, lending, Art. XI-L §1



OREGON, STATE OFSee STATE OF OREGON, generally

PARDONS, COMMUTATIONS AND REPRIEVES

Governor’s power, Art. V §14Treason, Art. V §14

PARKS AND NATURAL RESOURCES FUND

(Generally), Art. XV §4, §4a, §4b, §4c

PARKS AND RECREATIONAL AREASLottery proceeds, use, Art. XV §4, §4a, §4b, §4cVehicle fuel or excise taxes, use, Art. IX §3a

PENALTIESAggravated murder, Art. I §40Increase on appeal prohibited, Art. VII (Am) §3Proportional to offense, Art. I §16

PENSIONS AND RETIREMENTLiabilities of state, financing

Conflicting provisions, superseding, Art. XI-O §4Legislation to effectuate, Art. XI-O §3Refunding obligations, Art. XI-O §2State credit, lending, Art. XI-O §1

Public employeesContributions, Art. IX §10Judges, Art. VII (Am) §1aPlan rate of return, contract guarantee prohibited,

Art. IX §11Severability, retirement plan restrictions,

Art. IX §13Sick leave, increasing benefits, Art. IX §12Transportation systems, protecting interests,

Art. XI §13Tax exemption, certain benefits, Art. IX §9

PEOPLEInherent power in, Art. I §1Rights of, see CIVIL RIGHTS, generally

PEOPLE’S UTILITY DISTRICTS(Generally), Art. XI §12

PETITIONSCounty home rule, Art. VI §10Initiative and referendum, see INITIATIVE AND

REFERENDUMRecall, Art. II §18

POLITICAL CONTRIBUTIONS AND EXPENDITURES

Limitations, Art. II §22

POLL TAXProhibited, Art. IX §1a

POLLUTION CONTROLFacilities, financing, Art. XI-H

PORTSWater transportation lines, Art. XI §9

POWERInherent power in people, Art. I §1

PRESSFreedom of, Art. I §8

PRISONERSCruel and unusual punishment, Art. I §13, §16Involuntary servitude, Art. I §34Treatment, Art. I §13Voting restrictions, Art. II §3Work and on-job training, Art. I §41

PRIVILEGED COMMUNICATIONSLegislators, Art. IV §9

PRIVILEGES AND IMMUNITIESEquality of, Art. I §20Legislators, arrest, civil process, libel, slander,

Art. IV §9Voters, Art. II §13

PROCESSCriminal cases, Art. I §11Legislators, immunity, Art. IV §9

PROPERTYForfeiture, see FORFEITURES, generallyReal property, see REAL PROPERTY, generally

PROPORTIONAL REPRESENTATIONAuthorized, Art. II §16

PUBLIC CORPORATIONSSee MUNICIPALITIES, generally

PUBLIC HEALTHEmergencies, see EMERGENCIES AND DISAS-

TERS, generally

PUBLIC OFFICERS AND EMPLOYEESSee also COUNTIES; MUNICIPALITIESAppointments, Governor, Senate confirmation,

Art. III §4Claims against state, not to act in, Art. XV §7Commissions, Governor to issue, Art. V §18Dismissal trial authorized, Art. VII (Am) §6,

Art. VII (Orig) §19Disqualification

Dueling, Art. II §9Election offenses, Art. II §7Lucrative office, dual holding, Art. II §10,

Art. IV §30Public money, failure to account for, Art. II §11

District attorneys, Art. VII (Orig) §17, §20Dual office holding, Art. II §10, Art. III §1,

Art. IV §30, Art. XV §8Election, see ELECTIONS, generallyGovernor, see GOVERNOR, generallyHome care workers, Art. XV §11Impeachment prohibited, Art. VII (Am) §6,

Art. VII (Orig) §19Judges, see COURTS AND JUDGES, generallyLegislators, see LEGISLATURELucrative offices, Art. II §10Malfeasance, Art. VII (Am) §6, Art. VII (Orig) §19



Oath, Art. XV §3Pensions and retirement, see PENSIONS AND

RETIREMENTPro tem, Art. II §12Recall, Art. II §18Religious test for office barred, Art. I §4Removal from office, Art. VII (Am) §6,

Art. VII (Orig) §19, §20Resignation, Art. II §18Secretary of State, see SECRETARY OF STATE,

generallyState Printer, Art. XII §1Stationery for state, interest in supplying, forbid-

den, Art. IX §8Superintendent of Public Instruction, Art. VIII §1Term and tenure

(Generally), Art. II §14, Art. XV §1, §2Appointive officers, Art. XV §2County officers, Art. VI §6, Art. VII (Orig) §15, §16Defeated incumbents, Art. XV §1Duration, Art. XV §2Judges, Art. VII (Am) §1, §1aMaximum, Art. XV §2Pro tem not part of term, Art. II §12Recall, effect, Art. II §18Vacancies in office, Art. II §18, Art. V §8a, §16,

Art. VI §9, Art. XV §9Territorial, retained in office, Art. XVIII §8Transportation system employees, protecting

interests, Art. XI §13Treasurer, State, see STATE TREASURER, gener-

allyTrial for incompetency, malfeasance, etc.,

Art. VII (Am) §6, Art. VII (Orig) §19Vacancies in office, Art. II §18, Art. V §8a, §16,

Art. VI §9, Art. XV §9

PUBLIC RECORDSCounty, keeping books, etc., Art. VII (Orig) §15Secretary of State, official acts of government,

Art. VI §2State, place of keeping, Art. VI §5

PUNISHMENTSee SENTENCE AND PUNISHMENT, generally

QUO WARRANTOJurisdiction, Art. VII (Am) §2

QUORUMLegislature, Art. IV §12, Art. X-A §3

RAILROADSRetirement benefits, federal, tax exempt,

Art. IX §9

REAL PROPERTYCondemnation, Art. I §18Forfeiture, see FORFEITURES, generallyInjury to, remedies, Art. I §10Special, local Acts forbidden, Art. IV §23State

Bonds, see STATE FINANCELeasing by state, debt limit exemption, Art. XI §7State lands, see STATE LANDS, generally

Taxation, see TAXATION, generallyTransfer taxes, fees, or assessments; prohibition,

Art. IX §15

RECALLAuthorized, application, Art. II §18

RECREATIONAL AREASSee PARKS AND RECREATIONAL AREAS, gener-

ally

REFERENDUMSee INITIATIVE AND REFERENDUM, generally

RELIGIONAppropriations, prohibited, Art. I §5Conscientious objectors, militia service, Art. IX §9Freedom, generally, Art. I §2, §3, §4, §5, §6Juror’s beliefs, Art. I §6Opinion, freedom of, Art. I §3Public office, religious test barred, Art. I §4Witness’s beliefs, Art. I §6Worship, freedom, Art. I §2

REMEDIES(Generally), Art. I §10Crime victims’ rights, Art. I §42, §43

RESIDENCEElection campaign contributions, Art. II §22Legislators, districts, Art. IV §3, §8Veterans, loans, Art. XI-A §1, §3Voters, see ELECTIONS

RESOLUTIONSLegislative, requirements, Art. IV §19, §21, §25

RETIREMENTSee PENSIONS AND RETIREMENT, generally

REVENUESee also TAXATIONBills, origination, Art. IV §18

RIGHTSCivil rights and liberties, see CIVIL RIGHTS, gen-

erallyCrime victims, Art. I §42, §43Enumerated rights not exclusive, Art. I §33

ROADSSee HIGHWAYS AND ROADS, generally

SCHOOLSSee EDUCATION, generally

SEAL OF THE STATE(Generally), Art. VI §3Commissions, Art. V §18

SEARCHES AND SEIZURESOregon Property Protection Act of 2000,

Art. XV §10Restrictions, Art. I §9

SEAT OF GOVERNMENTSee CAPITAL (CAPITOL), generally



SECRETARY OF STATEDuties and powers

(Generally), Art. VI §2Audits of public accounts, Art. VI §2Commissions, Art. V §18Constitutional amendment, revision, Art. XVII §1,

§2Initiative, referendum petitions, Art. IV §1Legislative reapportionment, Art. IV §6Records, Art. VI §2, §5Seal of state, Art. VI §3State lands, Art. VIII §5

Election, Art. VI §1Governorship, succession to, Art. V §8aRecords

Executive and legislative, Art. VI §2Place of keeping, Art. VI §5

Supreme Court decisions filed with, Art. VII (Am) §4, Art. VII (Orig) §7

Term, Art. VI §1Vacancies, filling, Art. V §8a, §16Vetoed legislation, Art. V §15b

SEISMIC REHABILITATIONEmergency services buildings

Bonds, Art. XI-N §1, §3Conflicting provisions, Art. XI-N §5Legislation to effectuate, Art. XI-N §4Sources of repayment, Art. XI-N §2State credit, lending, Art. XI-N §1

Public education buildingsBonds, Art. XI-M §1, §3Conflicting provisions, Art. XI-M §5Legislation to effectuate, Art. XI-M §4Sources of repayment, Art. XI-M §2State credit, lending, Art. XI-M §1

SELF-INCRIMINATIONPrivilege, against, Art. I §12

SENATE AND SENATORSState, see LEGISLATURE, generallyUnited States

Election, original, Art. XVIII §6Vacancy, filling, Art. V §16

SENIOR CITIZENSHome Care Commission, Art. XV §11Multifamily housing for elderly, see HOUSING

SENTENCE AND PUNISHMENT(Generally), Art. I §15, §16, §25, §34, Art. IV §23Court authority, Art. I §44Death penalty, Art. I §40Involuntary servitude, Art. I §34Legislature

Initiative or referendum measure sentences, reduc-tion, Art. IV §33

Members, Art. IV §15Nonmembers, Art. IV §16

Setting aside, prohibitions, Art. I §44Special laws, prohibited, Art. IV §23Victims’ rights, Art. I §42

SEPARATION OF POWERS(Generally), Art. III §1

SEX DISCRIMINATIONProhibited, Art. I §46

SHERIFFSDuties and powers, Art. VI §8, Art. VII (Orig) §16Election, Art. VI §6, Art. VII (Orig) §16Ministerial officer, courts, Art. VII (Orig) §16Offices, qualifications, Art. VI §8Terms, Art. VI §6, Art. VII (Orig) §16Vacancies, filling, Art. V §16, Art. VI §9

SHIPSTax exemption until 1935, Art. IX §1b

SLANDERLegislator immunity, Art. IV §9

SLAVERYElection, Art. XVIII §2, §4Prohibited, Art. I §34Service without compensation, demand prohib-

ited, Art. I §18

SMALL SCALE LOCAL ENERGY LOANSSee LOANS

SOCIAL SECURITYBenefits, tax exempt, Art. IX §9

SOLDIERS AND SAILORSSee MILITARY, generally

SPEECHFreedom of, Art. I §8

SPOUSESSee HUSBAND AND WIFE, generally

STATE AGENCIESFinance, see STATE FINANCE, generallyForfeiture proceedings, Art. XV §10Leasing real property, Art. XI §7Lottery proceeds, audits and reports, Art. XV §4cReports to Governor, Art. V §13

STATE CONTRACTS AND PURCHASINGLeases, debt limit exemption, Art. XI §7Stationery, Art. IX §8

STATE FINANCEAppropriations, see APPROPRIATIONS, generallyBalanced budget requirement, Art. IX §2, §6Bonds

EducationDistricts

Capital costs, Art. XI-PState guaranty, Art. XI-K

Higher education buildings, Art. XI-F(1), Art. XI-G

Oregon Health and Science University, Art. XI-L §1, §3

Multifamily housing for elderly and disabled, Art. XI-I(2) §1, §2, §3, §4

Pension liabilities, financing, Art. XI-O §1



Pollution control facilities, Art. XI-H §1, §2, §3, §4, §5, §6

Real or personal property projects, state, Art. XI-Q §1, §2, §3, §4

Reforestation, Art. XI-E §1Seismic rehabilitation

Emergency services buildings, Art. XI-N §1, §3Public education buildings, Art. XI-M §1, §3

Small scale local energy loans, see LOANSVeterans, Art. XI-A §2, §4, §6, Art. XI-F(2) §1Water development projects, Art. XI-I(1) §1, §2, §3,

§4, §5Budget

Balanced budget requirement, Art. IX §2, §6Control, Art. III §2, §3Emergency expenditures, Art. III

Catastrophic disasters, see EMERGENCIES AND DISASTERS

Common School Fund, Art. VIII §2, §4, §5Corporations, investment in, Art. XI §6Debt

Assumption, Art. XI §8Catastrophic disasters, authority, Art. X-A §4Interest payment legislation, Art. IX §2Limitations

(Generally), Art. XI §7Education districts, bonds, Art. XI-K §2, Art. XI-

P §1Higher education buildings, Art. XI-F(1) §1, §2,

Art. XI-G §1Highways and roads, Art. XI §7Leasing real property, Art. XI §7Multifamily housing for elderly and disabled,

Art. XI-I(2) §4Oregon Health and Science University, Art. XI-

L §1Pension liabilities, state, financing, Art. XI-O §1Pollution control, Art. XI-H §1Power development, Art. XI-D §2Real or personal property projects, state, Art. XI-

Q §2Reforestation bonds, Art. XI-E §1Seismic rehabilitation

Emergency services buildings, Art. XI-N §1Public education buildings, Art. XI-M §1

Small scale local energy loans, Art. XI-J §1Veterans’ loans and bonuses, Art. XI-A §1,

Art. XI-F(2) §1Water development projects, Art. XI-I(1) §1

Deficiency of prior year in budget, Art. IX §6Education, see EDUCATION, generallyEmergency expenditures, Art. III §3Expenditures published with session laws,

Art. IX §5Higher education buildings and projects, Art. XI-

F(1), Art. XI-GHighways and roads, debt limitation, Art. XI §7Kicker, refund

(Generally), Art. IX §14Catastrophic disasters, use, Art. X-A §4

Leasing real property, Art. XI §7Loans

(Generally), Art. XI §7Catastrophic disasters, authority, Art. X-A §4Education districts

Bonds, state guaranty, Art. XI-K §2Capital costs, Art. XI-P

Higher education buildings, Art. XI-F(1), Art. XI-GOregon Health and Science University, Art. XI-L §1Pension liabilities, state, financing, Art. XI-O §1Pollution control, Art. XI-H §1, §3Power development, Art. XI-D §2Real or personal property projects, state, Art. XI-Q

Reforestation, Art. XI-E §1Seismic rehabilitation

Emergency services buildings, Art. XI-N §1Public education buildings, Art. XI-M §1

Veterans, Art. XI-A §1, §2, §3, §4, §5, §6, Art. XI-F(2) §1

Water development projects, Art. XI-I(1) §1Water power development, Art. XI-D §2

Lottery, see LOTTERIESMandated activities, local governments, funding,

Art. XI §15Multifamily housing for elderly and disabled,

Art. XI-I(2)Pollution control facilities, Art. XI-HReceipts and expenditures to be published with

session laws, Art. IX §5Revenue estimates, see Kicker, refund, this topicRevenue to be raised annually to pay expenses

and interest, Art. IX §2Schools, see EDUCATION, generallySmall scale local energy loans, see LOANSState lands, Art. VIII §5Stock, corporate, state investment, Art. XI §6Suits against state, generally, Art. IV §24Surplus revenues, disposition, see Kicker, refund,

this topicTreasury payments, appropriation necessary,

Art. IX §4War veterans’ funds, see VETERANSWater development projects, Art. XI-I(1)Water power development, Art. XI-D

STATE HOUSESee CAPITAL (CAPITOL), generally

STATE LAND BOARDCommon School Fund, use for expenses,

Art. VIII §2Members, functions, Art. VIII §2, §5Timber sales, when prohibited, Art. VIII §7

STATE LANDSSee also PARKS AND RECREATIONAL AREASManagement by State Land Board, Art. VIII §5, §7Reforestation bonds, Art. XI-E §1School lands, Art. VIII §2, §4, §5Timber sales, when prohibited, Art. VIII §7

STATE LOTTERYSee LOTTERIES

STATE OF OREGONActions against, officers, legislators, not to act in,

Art. XV §7Boundaries, Art. XVI §1Capital, see CAPITAL (CAPITOL), generallyClaims against, legislation to be general,

Art. IV §24Finance, see STATE FINANCE, generallyGifts and bequests to, Art. VIII §2, Art. XI §6Organization, original, Art. XVIII §5, §6, §7, §8, §9,

§10, §11Pension liabilities, financing, see PENSIONS

AND RETIREMENTPollution control facilities, agencies, financing,

Art. XI-H §1, §3Seal, see SEAL OF THE STATE, generallyStock of corporations, ownership, Art. XI §6Treason against, Art. I §24Water power, Art. XI-D



STATE OFFICERS AND EMPLOYEESSee PUBLIC OFFICERS AND EMPLOYEES, gen-

erally

STATE PRINTER AND PRINTING(Generally), Art. XII §1

STATE TREASURERDuties and powers, Art. VI §4, §5, Art. VIII §5Election, Art. VI §1Governorship, succession to, Art. V §8aRecords, place of keeping, Art. VI §5State lands, functions, Art. VIII §5Term, Art. VI §1Vacancies, filling, Art. V §8a, §16

STATIONERYState purchasing, Art. IX §8

STATUTESAmendment, Art. IV §20, §22Appropriations, see APPROPRIATIONS, generallyCapital, locating, Art. I §21Claims against state, authorization for by gen-

eral laws, Art. IV §24Conflicting, resolution, Art. IV §22County seats, locating, Art. I §21Effective

Conditionally, validity, Art. I §21Date, Art. IV §1, §28

Emergency, see LEGISLATURELocal

Corporations, Art. XI §1, §2Courts, Art. IV §23, Art. VII (Am) §2bElectorate approval, Art. I §21Prohibition, enumerated cases, Art. IV §23

Pollution control facility financing, Art. XI-H §6Public laws, Art. IV §27Revision, Art. IV §22Scope, Art. IV §1, §20, Art. IX §7Session laws, including statement of receipts,

expenditures, Art. IX §5Special

(Generally), Art. I §21, Art. IV §23Claims against state, Art. IV §24Corporations, Art. XI §1, §2Courts, Art. IV §23, Art. VII (Am) §2b

Suspending, Art. I §22Territorial retained, Art. XVIII §7Wording to be plain, Art. IV §21

STOCK AND STOCKHOLDERSCounties, municipalities, Art. XI §9Liability, corporations, joint stock companies,

Art. XI §3State, Art. XI §6

STREETSSee HIGHWAYS AND ROADS, generally

SUBPOENASCriminal cases, Art. I §11

SUFFRAGE(Generally), Art. II

SUPERINTENDENT OF PUBLIC INSTRUCTION

(Generally), Art. VIII §1

SUPERMAJORITY REQUIREMENTSBallot measures that include supermajority

requirement, Art. II §23Legislature, see LEGISLATURE

SUPREME COURTSee also COURTS AND JUDGES(Generally), Art. VII (Am) §1Appeals to, generally, Art. VII (Am) §3Appointment of pro tem inferior court judges,

Art. VII (Am) §2aAssignment of inferior court judges,

Art. VII (Am) §2aCensure of judges, Art. VII (Am) §8Chief Justice, Art. VII (Orig) §5Court of record, Art. VII (Orig) §1Decisions, filing statement of, Art. VII (Am) §4,

Art. VII (Orig) §7Districts, Art. VII (Orig) §2Election of judges, Art. VII (Am) §1,

Art. VII (Orig) §2, §4, §10Jurisdiction, Art. VII (Am) §2, Art. VII (Orig) §1, §6Legislative reapportionment, Art. IV §6Number of judges, Art. VII (Orig) §2Oath of judges, Art. VII (Am) §7, Art. VII (Orig) §21Penalties, criminal, increase prohibited,

Art. VII (Am) §3Pro tem judges, Art. VII (Am) §1a, §2aQualifications of judges, Art. VII (Orig) §2Removal of judges, Art. VII (Am) §8,

Art. VII (Orig) §20Residence of judges, Art. VII (Orig) §2Retired judges, temporary service,

Art. VII (Am) §1a, §2aSalary and compensation, Art. VII (Am) §1Suspension of judges, Art. VII (Am) §8Temporary judges, Art. VII (Am) §2aTerms

Court, Art. VII (Am) §4, Art. VII (Orig) §7Office, Art. VII (Am) §1, §1a, Art. VII (Orig) §3

Vacancies, filling, Art. V §16, Art. VII (Orig) §4

TAXATIONAssessment, Art. IX §1, Art. XI §11 et seq.Bills raising revenue

Majority vote, three-fifths, necessity, Art. IV §25Origination, House of Representatives, Art. IV §18

Bonds, see BONDSCatastrophic disasters, legislative authority,

Art. X-A §3, §4Cities, Art. IX §1c, Art. XI §5, §11 et seq.Common School Fund, oil or natural gas taxes,

proceeds source, Art. VIII §2Consent, necessity, Art. I §32Counties, Art. VI §10, Art. XI §11 et seq.Deficiency to be covered in ensuing year,

Art. IX §6Districts, Art. XI §11 et seq., §12Education, see EDUCATIONElections

(Generally), Art. XI §11Majorities, Art. XI §11, §11k, §11LSpecial taxes, voter qualifications, Art. II §2

Emergency declaration, prohibited, Art. IX §1aFederal definition of income, use by state,

Art. IV §32



Fuel taxes, use(Generally), Art. IX §3aCatastrophic disasters, Art. X-A §4

General laws only, Art. IX §1Head tax prohibited, Art. IX §1aHigher education buildings, bonds, Art. XI-F(1) §3,

Art. XI-G §3Highway maintenance, construction, etc., use,

fuel and vehicle excise taxes, Art. IX §3aIncome, federal definition, Art. IV §32Kicker, refund

(Generally), Art. IX §14Catastrophic disasters, use, Art. X-A §4

Legislature, generally, Art. I §32, Art. IV §18, Art. IX §1, §3, §6

Levy, accordance with law, Art. IX §3Limitations

(Generally), Art. XI §11 et seq.Assessed value limit, Art. XI §11Capital costs exemption, bonds, Art. XI §11LCategorical limits, Art. XI §11b, §11c, §11d, §11ePermanent rate limit, Art. XI §11Schools, see EDUCATION

Local Acts excluded, Art. IV §23Local option tax, Art. XI §11 et seq.Motor vehicle fuel and excise taxes, use

(Generally), Art. IX §3aCatastrophic disasters, Art. X-A §4

Municipalities, Art. IX §1c, Art. XI §5, §11 et seq.Oil or natural gas

Common School Fund, proceeds source, Art. VIII §2Rate, Art. IX §3b

Oregon Health and Science University, financing capital costs, Art. XI-L §1, §2

Parks and recreational areas, vehicle excise and fuel taxes, use, Art. IX §3a

Pension liabilities, state, financing, Art. XI-O §1Poll tax prohibited, Art. IX §1aPollution control facility bonds, repayment,

Art. XI-H §4Purpose, distinct statements, law imposing,

Art. IX §3Redevelopment projects, Art. IX §1cReforestation bonds, tax levy, Art. XI-E §1Retirement benefits, certain, exempt, Art. IX §9Schools and school districts, see EDUCATIONSeismic rehabilitation bonds

Emergency services buildings, Art. XI-N §1, §2Public education buildings, Art. XI-M §1, §2

Ships, exemption until 1935, Art. IX §1bSmall scale local energy loan bonds, use, ad

valorem taxes, Art. XI-J §4Social Security benefits, income tax exemption,

Art. IX §9Special or local laws prohibited, Art. IV §23State house erection, Art. XIV §2State, generally, Art. IX §2Surplus revenue, disposition, see Kicker, refund,

this topicTransfer of real property, prohibition, Art. IX §15Uniformity, Art. I §32, Art. IX §1Urban renewal projects, Art. IX §1cVehicles, see Motor vehicle fuel and excise taxes,

use, this topicVeterans’ bonus, exemption, Art. XI-F(2) §7Veterans loans, tax levy, bond payments, Art. XI-

A §4Voting restrictions, taxpayers, Art. II §2Water development projects, revenue sources,

Art. XI-I(1) §4

TERRITORIAL GOVERNMENTCrimes against, Art. XVIII §9Laws continued in force, Art. XVIII §7Officers, continuing in office, Art. XVIII §8Rights and liabilities retained, Art. XVIII §10

TERRORISMCatastrophic disasters, see EMERGENCIES AND

DISASTERS

TIMBER AND LUMBERSee FORESTS AND FORESTRY, generally

TITLESActs, Art. IV §20Nobility, prohibited, Art. I §29

TRANSPORTATIONCondemnation, in aid of, Art. I §18Public system, transfer, protecting employee

interests, Art. XI §13Water

Condemnation authorized, Art. I §18Routes, aid in establishing, Art. XI §9

TREASONBail, Art. I §14, §43Defined, Art. I §24Pardons, commutations, and reprieves, Art. V §14Proof, Art. I §24

TREASURER, STATESee STATE TREASURER, generally

TRIALS(Generally), Art. I §10Fact determination, Art. I §16, Art. VII (Am) §3Juries and jurors, see JURIES AND JURORS, gen-

erallyLaw determination, Art. I §16New trial, Art. I §16Public, Art. I §10, §11Public officers, incompetency or malfeasance,

Art. VII (Am) §6, Art. VII (Orig) §19Trial by court, Art. I §11

TRUSTSRealty sales, special, local legislation, Art. IV §23

TSUNAMISSee EMERGENCIES AND DISASTERS, generally

UNITED STATESElectric power, cooperation respecting, Art. XI-

D §2Senators, see SENATE AND SENATORSTaxation, federal income definition, use by state,

Art. IV §32

UNIVERSITIESSee EDUCATION

USURYSpecial or local statutes forbidden, Art. IV §23



UTILITY DISTRICTSPeople’s utility districts, Art. XI §12

VACANCIES IN OFFICEFilling, generally, Art. V §16Governor, appointments

Legislature in recess, Art. V §16Senate confirmation, Art. III §4

Governor, office of, Art. V §8aLegislators, Art. IV §3, §8, Art. V §17Local governments, Art. V §16, Art. VI §9Recall, filling after, Art. II §18Writs of election, Art. V §17

VACATION OF PLATTED LANDSpecial, local Acts forbidden, Art. IV §23

VENUEChanges, special legislation, Art. IV §23Criminal actions, Art. I §11, Art. IV §23

VERDICTNumber to concur

Civil cases, Art. VII (Am) §5Criminal cases, Art. I §11

VETERANSAdvisory committee, Art. XI-F(2) §8, §10Bonds, Art. XI-A §2, §4, §6, Art. XI-F(2) §1Bonus

Administration generally, Art. XI-F(2) §8Amount, Art. XI-F(2) §3, §4, §6Applications, Art. XI-F(2) §9, §10Assignment of claim, Art. XI-F(2) §7Bonds, Art. XI-F(2) §1Definitions, Art. XI-F(2) §2Disabilities, Art. XI-F(2) §3Eligibility, Art. XI-F(2) §1, §2, §5Expenses, Art. XI-F(2) §10Ineligible persons, Art. XI-F(2) §5Legislation authorized, Art. XI-F(2) §1Period of service, Art. XI-F(2) §1, §2Relatives of veteran, Art. XI-F(2) §2, §4, §6Residence requirements, Art. XI-F(2) §1, §2Survivors, Art. XI-F(2) §4, §6Tax exemption, Art. XI-F(2) §7

Conflicting provisions, veterans’ loans, Art. XI §5Counties, state aid, veterans’ programs, Art. XI-

A §1Director of Veterans’ Affairs

Bonus, Art. XI-F(2) §8, §9, §10Duties, services to veterans and dependents, appro-

priation, Art. XI-A §1Disabled, bonus, Art. XI-F(2) §3Loans, Art. XI-A §1, §2, §3, §4, §5Lottery proceeds, veterans’ services fund,

Art. XV §4fOregon War Veterans’ Fund, Art. XI-A §1, §2, §3,

§4, §5, §6

Organizations, receiving bonus applications, Art. XI-F(2) §10

World War II Veterans’ Compensation Fund, Art. XI-F(2) §1, §10

VETO(Generally), Art. V §15bAppropriations, single items, Art. V §15aEmergency clause bills, Art. V §15aOverriding, Art. V §15bReferendum measures, Art. IV §1

VICTIMS’ RIGHTS(Generally), Art. I §42, §43

WARSee also MILITARY; MILITIACatastrophic disasters, see EMERGENCIES AND

DISASTERSSoldiers, quartering, Art. I §28State debt for, Art. XI §7, §8

WARRANTS(Generally), Art. I §9

WASHINGTON, STATE OFRivers, transportation lines on, aid, Art. XI §9

WATER AND WATERWAYSCondemnation, public use, Art. I §18Lottery proceeds, use, Art. XV §4, §4b, §4cPeople’s utility districts, Art. XI §12State power development

(Generally), Art. XI-D §2Construction of Article, Art. XI-D §4Legislation authorized, Art. XI-D §3Ownership in perpetuity, Art. XI-D §1

Transportation, Art. I §18, Art. XI §9Water development projects

Bonds, generally, Art. XI-I(1) §2, §3Legislation to effectuate, Art. XI-I(1) §5Taxes and revenue sources, Art. XI-I(1) §4Water Development Fund, Art. XI-I(1) §1

WEAPONSBearing, right, Art. I §27

WITNESSESCriminal cases, Art. I §11, §12Religious beliefs, Art. I §6Treason, Art. I §24

WRITSElection, vacancies in legislature, Art. V §17Jurisdiction, Art. VII (Am) §2, Art. VII (Orig) §13


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