Oregon Ballot Measures November 2012
Nine ballot measures have been certified for the 2012 ballot in the State of Oregon. Two measures are legislatively-referred constitutional amendments, four are initiated state statutes and the three are initiated constitutional amendments.
Following are the recommendations of the editor of Cascade Business News.
YES – Measure 77 Oregon Catastrophic Disaster Amendment
Amends Constitution: Approval grants governor constitutional authority to declare catastrophic disaster and requires legislative session whereby legislature may suspend specified constitutional spending restrictions to aid response, recovery.
It grants the governor temporary authority to redirect certain state monies from legislatively‐approved purposes to disaster response. It requires the governor to convene the legislature unless the Legislative Assembly is already in session or scheduled to convene within 30 days.
Currently, the governor has statutory, but not constitutional, authority to declare state of emergency and direct response to emergency. Most importantly it authorizes the governor to redirect previously allocated General Fund and lottery monies to disaster response.
YES – Measure 78 Oregon Government Branches Amendment
Amends Constitution: A housekeeping measure, a yes vote changes constitutional language describing separation of powers to refer to three “branches” (instead of three “departments”) of government and makes other grammatical and spelling changes.
Current state constitutional language describes the governmental separation of powers to be divided into three separate departments: Legislative, Executive (including Administrative) and Judicial. Measure revises this constitutional phrasing by changing it to refer to three separate branches of government, which conforms to more contemporary, commonly‐used designations for these separate divisions of government. Measure changes the description of the two houses of the Legislature to two “chambers” of the Legislature (rather than two “branches” of the Legislature), which also reflects more modern designations for them. Measure additionally modernizes spelling and makes grammatical changes to replace existing references to the Secretary of State as he, him and his with gender‐neutral wording.
YES – Measure 79 Oregon Real Estate Transfer Tax Amendment
Amends Constitution: Approval will prohibit real estate transfer taxes, fees and other assessments, except those operative on December 31, 2009.
Current statutory law prohibits a city, county, district or other political subdivision or municipal corporation from imposing taxes or fees on the transfer of real estate (with certain exceptions). However, the state legislature has the authority, subject to governor approval, to impose such taxes and fees or to change current statutory law.
In recent years, there have been nine attempts made by government taxing authorities to enact a real estate transfer tax on Oregon property owners. Real estate transfer taxes are assessed on the sale of property – or even the handing down of a family from one family member to another. Many of us have seen our property taxes go up while our home values are going down. With property values declining, it is unfair to impose additional taxes on struggling middle class families and Oregon businesses.
YES – Measure 80 Oregon Cannabis Tax Act Initiative
An initiated state statute. Approval would create a seven-person statewide cannabis commission to regulate the cultivation and sale of cannabis through state-licensed stores and allows personal marijuana and hemp cultivation and use without a license. It extends Oregon’s current law of allowing marijuana for medical purposes, which has not proven to cause any problems.
Measure 80 would regulate the sale of marijuana similar to how we regulate the sale of alcohol. With store-owners asking for I.D. and facing penalties and prison for selling to minors, it’ll be tougher for kids to get access to marijuana. The new taxes and revenue will create a new income stream for the state and refocus law enforcement priorities in favor of increased public safety.
It has an added commercial element of bringing a beneficial agricultural commodity onto the commercial market through hemp production for fiber, protein and oil that would be allowed without regulation, license or fee.
Let’s face it the war on drugs has not worked. Replacing failed prohibition with effective regulation of marijuana is an idea that deserves testing. Regulating marijuana has the potential to drive some drug-dealers and pushers out of business and off the streets, which makes our kids and our communities safer.
Interestingly Oregon, Colorado and Washington are all voting on this November on various initiatives to legally tax and regulate marijuana sales. If any of these states pass marijuana law reform, it will be the beginning of the end of 75 years of marijuana prohibition. Alcohol prohibition, which was a disaster, ended in 1933 when a number of states, like Oregon’s 1932 initiative vote, led the way. Oregon voters can lead the way to restore common sense on drug policy to our criminal justice system.
If this bill and others like it pass, the federal government may step in and stop it as federal law prohibits growing, possessing and selling marijuana. However, passing the law is a pertinent message to lawmakers to try something new on the war on drugs.
YES – Measure 81 Oregon Gillnet Fishing Initiative
An initiated state statute. Approval would ban Columbia River commercial salmon fishing with gillnets by non-tribal persons except in specifically designated off-channel areas located in the lower Columbia River and allow the use of seine nets instead.
Currently, non-tribal Oregon commercial fishers may catch salmon in Columbia River only with gillnets, only in areas below Bonneville Dam. Current law recognizes Washington gillnet licenses as valid in both Oregon/Washington waters of Columbia River. The Measure does not affect tribal fishing rights or rights to use gillnets.
Measure 81 will remove gillnets from the Columbia River in Oregon. It requires the state to license fish friendly gear that will allow live sorting for the selective capture of hatchery fish while returning the native fish back to the river unharmed.
Prohibiting the use of commercial gillnets in the Columbia River will prevent the suffering of marine animals including endangered and threatened species. Oregon’s should protect and enhance our wild salmon. Each year, taxpayers, electric utility rate payers and others collectively contribute about $1 billion to recovery efforts, yet wild salmon, an important natural and economic resource for our state, remain on the brink of extinction.
YES – Measure 82 Oregon Privately-Owned Casinos Amendment
An initiated constitutional amendment. Approval allows the establishment of privately-owned casinos and mandates percentage of revenue paying 25 percent of adjusted gross revenues each month to a fund created by law for the purposes of fostering job growth, educational achievement, vibrant local communities, protecting and improving natural environment and supporting all federally recognized Indian tribes in Oregon. The amendment prohibits operation of privately-owned casino within 60-mile radius of existing tribal casino operating on reservation land.
This proposed $300 million entertainment and casino destination in Wood Village called The Grange would be the only casino in the state to pay taxes and would provide $100 million to the state in new tax revenue and that construction of the casino, hotel, and other features would create 3,000 temporary jobs, while the completed center would provide the area with 2000 permanent jobs.
YES – Measure 83 Oregon Multnomah County Casino Initiative
An initiated state statute. Part of the preceding measure approval authorizes Multnomah County casino specifically and that it contribute monthly revenue percentage to state for education and other programs.
Under the measure, State Lottery will issue renewable 15-year lease permitting owner of former Multnomah Kennel Club in Multnomah County to operate gaming devices, table games, keno and other games of chance at that site. Measure would become operative only if constitution is amended by Measure 82 to permit casinos within state. Casino operator shall pay 25 percent of adjusted gross revenues into a Job Growth, Education and Communities Fund (separate from general fund) and 80 percent in the State Lottery Fund. Moneys in the Job Growth fund are apportioned to the incorporated cities adjoining casino, Indian tribes, law enforcement, and gambling treatment services.
YES – Measure 84 Oregon Estate Tax Phase-Out Initiative
An initiated state statute. Approval phases out estate and inheritance taxes on death-related property transfers and tax on property transfers between family members.
The Oregon Death Tax is an unfair tax which especially harms family-owned business and farms. In order to pay the Death Tax, many family farmers are forced to sell all or parts of their farms. Why should we pay taxes all our lives and then have the state impose a double tax when we die? We pay property taxes, income taxes, business and corporate taxes all of our lives and then when we are fortunate to have a little left over to leave to someone, the government sweeps in and takes a cut. It’s an unfair tax and needs to be abolished.
NO – Measure 85 Oregon Corporate Tax “Kicker” Funds for Education Initiative
An initiated constitutional amendment. A no vote retains existing corporate income and excise tax “kicker” that requires refund to corporations when revenue exceeds estimated collections by two percent or more.
Before each biennium, the governor must prepare an estimate of revenues expected to be received by the General Fund for the next biennium. The General Fund is the primary funding source for schools, prisons, social services other state-funded programs/services. Current law requires an automatic “kicker” refund of corporate income and excise tax revenue when that revenue exceeds estimated collections by two percent or more.
Note: this measure is somewhat redundant as there has not been a “corporate kicker” refund to businesses since 2007. The non-partisan state Legislative Revenue Office also estimates there will not be a corporate kicker this budget cycle.
In simple terms this is a not a business friendly suggestion. This is the time to make it easier for entrepreneurs to start and expand their businesses so that more of us can have jobs and plan for our own economic future.
This measure would redirect any future corporate kicker refunds. Instead of returning the revenues to corporate taxpayers, they would be expended on kindergarten through twelfth grade public education. Measure 85 will not produce enough money to make a difference for our schools but it would have a negative impact on the state’s open for business module.
