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Oregon Ballot Measure 65
was on the November 3, 1998 general election ballot
as an initiated constitutional amendment
, where it was defeated.
The objective of the measure was to restrict the ability of the Oregon State Legislature to regulate land use by putting in place a process requiring the Legislature to review administrative rules.
| Measure 65|
|Yes|| 483,811|| 47.5%|
Amends Constitution: Creates Process For Requiring Legislature To Review Administrative Rules
Text of Initiative
The following is the explanatory summary of the law. To see the complete text of the initiative see the Oregon Secretary of State's Site
This measure would amend the Oregon Constitution to create a review and approval process of administrative rules by the Legislative Assembly. Currently, no such process exists. This process is initiated when a petition signed by a specified number of qualified voters is filed with the Secretary of State.
Administrative rules are rules and regulations adopted by state agencies, boards and commissions that generally have the full force and effect of law.
The number of qualified voters who must sign the petition is equal to two percent of the total number of votes cast for all candidates for Governor at the last gubernatorial election. The petition must specify the administrative rule or rules that the Legislative Assembly is required to review.
Upon being notified by the Secretary of State that a petition meeting the requirements of the measure has been filed, the President of the Senate must prepare a bill that would approve the administrative rule or rules specified in the petition. The President of the Senate is then required to introduce that bill at the next following regular session of the Legislative Assembly. If the petition is filed with the Secretary of State during a regular session, the bill must be introduced at the next following regular session.
After the introduction of the bill, the Legislative Assembly may amend the bill to approve only part of a specified rule. If more than one rule is specified in the petition, the bill may be amended to approve fewer than all of the specified rules. Any rule or part of a rule that is not approved by the passage of the bill has no further force or effect after the session is adjourned.
Disapproval of a rule under the measure does not prevent an agency from adopting another rule pertaining to the same issue. However, if the agency does adopt another rule addressing the same issue, the President of the Senate must introduce another bill for approval of the new rule. Once again, the new rule will have no further force or effect after the end of the legislative session in which the bill is introduced if the bill is not passed. If the new rule or any part of the new rule once again fails to gain approval, the measure requires that any rule adopted thereafter by a state agency to address the same issue that was the subject of the disapproved rule must be approved by the Legislative Assembly before the rule can take effect. The measure provides for judicial review on the question of whether a new rule addresses the same issue that was the subject of a previously disapproved rule. The measure directs courts to interpret a new rule in favor of a finding that it addresses the same issue as a disapproved rule.
The measure provides that bills introduced under the measure's provisions are subject to veto by the Governor, and that any such veto may be over-ridden in the same manner provided for other bills.
The chief petitioners for Oregon Ballot Measure 65 were:
Thomas A. Wilde
3826 N Longview Ave
Portland, OR 97227
David J. Hunnicutt
2933 N Holman St
Portland, OR 97217
CHRISTIAN COALITION OF OREGON ISSUES PAC
1442 Meadowlawn Pl
Molalla, OR 97038
CITIZENS FOR ACCOUNTABILITY IN ADMINISTRATIVE RULES
Lawrence B George
PO Box 230637
Tigard, OR 97281
CRITICAL ISSUES COMMITTEE
Warren C Deras
1400 SW Montgomery
Portland, OR 97201-6093
OREGON FAMILY COUNCIL BALLOT MEASURE PAC
11508 SE Idleman Rd
Portland, OR 97266
OREGON RIGHT TO LIFE ISSUES PAC
Lois C Anderson
4335 River Rd N
Keizer, OR 97303
OREGON STATE GRANGE POLITICAL ACTION COMMITTEE
643 Union St NE
Salem, OR 97301-2462
OREGONIANS FOR EXCELLENCE IN EDUCATION
PO Box 16712
Portland, OR 97292-0712
PARENTS EDUCATION ASSOCIATION P.A.C.
813 11TH St
Oregon City, OR 97045
NO ON 65 CAMPAIGN
C/O M&R Strategic Services
1220 SW Morrison Ste 910
Portland, OR 97205
OREGON PUBLIC EMPLOYEES UNION POLITICAL ACTION COMMITTEE
PO Box 12159
Salem, OR 97309-0159